In order to determine the applicability of these Regulations,
potential applicants are welcome to schedule a Pre-Application Meeting
with either the Administrative Officer or the Planning Board, and
there is no fee required for such meeting. These Regulations shall
apply to any adjustment, alteration or change of any existing lot
line, and to the creation of any new lot lines, including, but not
limited to, the following:
Any adjustment to existing lot lines of a recorded lot by any
means shall be considered a subdivision, and subject to these Regulations,
even if no new lot is created.
The division or subdivision, of a lot, tract or parcel of land
into two (2) or more lots, tracts, or parcels shall be considered
a subdivision and subject to these Regulations.
All re-subdivision activity shall be considered a subdivision
and subject to these Regulations.
The division of land for purposes of financing or mortgaging
shall be considered a subdivision and subject to these Regulations.
All subdivisions shall be classified according to criteria set
forth below. If any subdivision does not otherwise fit into a classification,
it shall be considered a Major Subdivision.
An Administrative Subdivision shall include only divisions, mergers, mergers and redivision and adjustment of existing lot lines, and if any additional lot is created, it shall be a "lot not for development." A "lot not for development" (as defined in Article
10) may include any lot which is to be donated to the Town, or which is to be conveyed as open space pursuant to Rhode Island law or as farmland to the Rhode Island Department of Environmental Management, the Little Compton Agricultural Conservancy Trust, or any recognized conservation organization, provided that such lot shall be conveyed with appropriate restrictions forbidding any development thereon. No public hearing is required for this classification.
A Minor Subdivision shall include only a residential subdivision
of land consisting of five (5) or fewer units or lots, provided that
such subdivision does not require waivers or modifications as specified
in these Regulations. All nonresidential subdivisions shall be considered
as major subdivisions. Minor Subdivisions shall be further classified
as follows:
a. Two-Lot One-Time-Only Compound ("Compound"). A Two-Lot One-Time-Only Compound Minor Subdivision shall
mean the division of land into not more than two (2) lots, without
the provision of a street where one would otherwise be required. The
requirements for the driveway, which may be by easement, are set forth
in Appendix D at § D.2.2.f. A Compound shall not occur more than
once for any property. In the event of any re-subdivision of either
of the lots resulting from the Compound, then this classification
shall not be available to the applicant, and the re-subdivision shall
be considered a Major Subdivision and shall meet all the requirements
thereof, including a major subdivision street. No public hearing is
required for this classification.
b. Existing Street Minor Subdivision - Two to Five Lots. This shall
include the division of land into not more than five (5) lots, for
residential development only, and where street creation or extension
is NOT required. This classification of Minor Subdivision would include
that which was, prior to November 2, 1995 considered to be a division
of land with frontage along an existing street. No public hearing
is required for this classification.
c. Minor Subdivision - Two to Five Lots With A New Street. This shall include the division of land into not more than five (5) lots, for residential development only, where street creation or extension is required. A public hearing is required for this classification. Any such subdivision shall require a street, platted as a separate lot and built in accordance with the standards for minor subdivision streets set forth in Appendix D, § D.2.2, for access to each lot. Every individual lot within the subdivision shall meet the minimum dimensional requirements of the Zoning Ordinance as set forth in §
14-4.1 of the Zoning Ordinance.
A Major Subdivision shall include any subdivision not classified as either an Administrative Subdivision or a Minor Subdivision, including, but not limited to, a subdivision in which more than five (5) lots are resultant, a subdivision requiring a waiver or modification of these regulations, a nonresidential subdivision, or a subdivision with phasing. A public hearing is required for all major subdivisions. Any such subdivision shall require a street, platted as a separate lot and built in accordance with the standards for major subdivision streets set forth in Appendix D, § D.2.3, for access to each lot. Every individual lot within the subdivision shall meet the minimum dimensional requirements of the Zoning Ordinance as set forth in Subsection
14-4.1 of the Zoning Ordinance.
[Ord. 6/6/06]
It is the intent of this subsection that for all subdivisions
of five (5) or more lots, twenty (20%) percent of the lots shall provide
for affordable housing, shall have affordability restrictions and
be eligible for the Town's low income and disabled property tax relief.
The terms affordable housing and affordability restrictions are defined
in the Zoning Ordinance. The Planning Board shall deem successive
applications that result in five (5) or more lots over time to be
subject to this section. The applicant is required to comply with
this subsection by choosing one (1) of the following first two (2)
alternatives listed below. In the event the Planning Board finds that
Alternatives 1 and 2 do not satisfactorily meet the affordable housing
goals of the Town, then Alternative 3 as described below shall be
required.
Alternative 1 — The applicant shall build at
least one (1) affordable housing unit on twenty (20%) percent of the
lots, with the approval of the Planning Board as to location and cost
of the affordable housing units. All affordable housing units shall
be consistent in external design and construction with the other units
in a proposed development, and shall be integrated into the development.
Alternative 2 — The applicant shall deed twenty
(20%) percent of the lots to either the Town or a nonprofit housing
provider (at the Planning Board's discretion), with the approval of
the Planning Board as to the choice and location of such lots. Such
lot or lots may be developed themselves with affordable housing, or
they may be sold by the Town or nonprofit housing provider with the
proceeds used to develop affordable housing elsewhere in the Town.
Alternative 3 — The applicant shall make a one
time cash payment as a fee in lieu of providing the units or lots
in an amount that is equal to twenty (20%) percent of the fair market
value of the developed lots in the subdivision at the time of Final
Approval. Such value shall be substantiated by an appraisal prepared
by one (1) or more professional appraisers of the Planning Board's
choice, at the expense of the applicant. The fee shall be paid to
the Little Compton Housing Trust which shall use such funds to provide
affordable housing elsewhere in the Town. The fee shall be paid prior
to the recording of the Final Plan, or simultaneous thereto in the
event that proceeds from the sale of a lot or lots are being used
for such fee. This Alternative may only be used upon approval of the
Planning Board, following a finding of fact that such alternative
shall result in closer consistency with the goals of the Housing Element
of the Little Compton Comprehensive Plan, than would either of the
first two (2) alternatives.