A.
The Town of Glocester has many residents who own large
tracts of land (in excess of the minimum zoning requirement) and wish
to subdivide that land for use as single-family residences. Under
the conventional zoning requirements, this would be allowed only if
the land has sufficient acreage and frontage along a suitably improved
Town or state road.
B.
In addition, there are many tree-lined roads that
are enjoyed by residents and visitors alike. When development occurs
along these roads, all too often the visual buffer of trees and shrubs
is removed to make way for the development of roads and housing.
C.
The rural residential compound model addresses these
issues. It allows greater design flexibility for landowners with large
tracts of land and creates more opportunities for preservation of
open space than the conventional zoning regulations by allowing a
reduction of frontage and access to lots along a private way. It promotes
development in harmony with Glocester's rural character by reducing
density and requiring a visual buffer between home sites and the existing
Town or state roads Because the development occurs along a private
way, the Town benefits from the reduced road maintenance costs while
allowing reasonable development to occur.
D.
Waivers in the rural residential compound are prepackaged
to accomplish these objectives of allowing development of large lots,
protection of open space and maintaining low-density development throughout
the Town.
This article is designed to provide qualified subdividers an option to develop a parcel of land under less stringent requirements, where, and only where, the Planning Board (the Board) determines that such alternative procedures will promote development of the parcel in the best interests of the Town, considering the design standards specified in § 350-83 below. The approval of a rural residential compound is entirely within the informed discretion of the Board. Denial by the Board of a request for a rural residential compound, or the denial of a rural residential compound, shall not be construed as denial of the right to subdivide the property, and the applicant shall retain all rights to submit a plan under customary procedures set forth in Chapter 300, Subdivision of Land.
Applicants may request that their proposal be
considered as a rural residential compound at the preapplication stage.
To qualify for consideration as a rural residential compound, the
subdivision must satisfy all of the following conditions; however,
satisfaction of all of the conditions shall only result in rendering
the plan eligible for further consideration as a rural residential
compound and shall not be construed as approval.
A.
Lots with existing deeded rights-of-way or easements
for access to any property shall not qualify for a rural residential
compound.
B.
Lots created after this article is adopted, May 16,
2003, shall not qualify for consideration as a rural residential compound.
C.
No more than one rural residential compound shall
be created from a property or a set of contiguous properties in common
ownership as of May 16, 2003. The subdivision shall result in no more
than four lots and be located entirely in an A-4 and/or A-3 agricultural
use district.
D.
The original lot shall be at least 20 acres in area
and have at least 50 feet of frontage.
E.
Each lot so created under these provisions shall have
an area of at least 10 acres, of which at least 1.5 acres shall be
land suitable for development.
[Amended 11-15-2007, effective 12-20-2007]
F.
The subdivision shall result in no more than four
lots and be located entirely in an A-4 and/or A-3 agricultural use
district.
G.
All lots so created under these provisions shall have
ingress and egress to the common private way. Lots with existing deeded
rights-of-way or easements for access to any property shall not qualify
for a rural residential compound.
H.
The common private way shall extend from a suitably improved Town or state road, and shall end in a cul-de-sac, as described in § 350-86 below. The common private way shall not extend from any other type of road, such as private or suitably improved non-Town road.
I.
Rural residential compounds cannot be combined with
any other subdivision or development.
J.
The development rights of land in excess of the minimum
underlying zoning of each lot (example A-4) shall be deeded in perpetuity
to a land conservation organization, such as the Glocester Land Trust.
For the purpose of this section, “development rights,”
as used herein, shall mean the right to further subdivide or otherwise
residentially develop the land beyond the original approval from the
Planning Board.
K.
At the discretion of the Planning Board, a provision
may be imposed to require a conservation easement for the preservation/protection
of significant or important features of the subject property.
In order to be approved as a rural residential
compound, the proposed subdivision must be determined by the Planning
Board to promote one or more of the following design standards in
a manner that is superior to a conventional subdivision of the subject
property:
A.
Reduce the number of lots having egress onto existing
streets;
B.
Reduce the number of curb cuts on existing Town or
state roads;
C.
Be constructed in a manner which will provide a visual
buffer between the new home(s) as well as the public street which
will minimize the visual impact;
D.
Produce less irregularly shaped or contorted lot configurations;
or
E.
Be constructed in a manner that preserves primary
and secondary resource areas on the tract or adjacent to the tract,
such as visual buffer (topography, trees and shrubs) along streets
and between properties, wetlands, watercourses or bodies, open fields,
meadows, wildlife habitat, steep slope, or other significant areas.
A.
Preapplication conference. Prior to submittal of a
rural residential compound application, it is required that at least
one preapplication meeting be conducted with the Planning Board. The
preapplication submittal can be a sketch based on existing plat maps,
but must accurately depict the site layout primary and secondary resource
areas on the tract or adjacent to the tract, such as visual buffer
(topography, trees and shrubs) along streets and between properties,
wetlands, watercourses or bodies, open fields, meadows, wildlife habitat,
steep slope, or other significant areas and other features of the
property to be subdivided.
B.
Preliminary plan.
(1)
Applicants for a rural residential compound shall present a preliminary plan that complies with the requirements of the Chapter 300, Subdivision of Land, for a minor subdivision, and which also accurately depicts the following information:
(a)
Center-line profile of proposed common private
way;
(b)
Location of any rivers, streams or wetlands;
(c)
Proposed drainage;
(d)
Proposed utilities and road construction design;
(e)
Proposed lot lines and building sites;
(f)
Scale and area of vegetative screening separating
the common private way and rural residential compound lots from adjacent
residentially zoned property;
(g)
Location, width and other evidence of any recorded
easements or rights-of-way on or adjacent to the subject property.
(2)
A registered professional engineer, land surveyor,
architect, or landscape architect must prepare the preliminary plan,
unless specifically waived by the Planning Board.
C.
Final plan. The final plan shall comply with the requirements of Chapter 300, Subdivision of Land, for a final plan for a minor subdivision and must be prepared by a registered professional engineer and/or land surveyor.
D.
Application fee. A filing fee consistent with the schedule in Chapter 300, Subdivision of Land, § 300-38,[1] will be submitted by the applicant with the application,
to cover costs of processing and review. In the event that the Board
determines that unusual or exceptional circumstances necessitate expert
technical review that exceeds the cost of the filing fee, the applicant
shall pay the cost of that expertise.
To be approved as a rural residential compound,
the plan shall contain or refer to recorded covenants and notices
regarding each of the following:
A.
Protection of open space, maintenance of a visual
buffer of at least 20 feet along property lines restricting tree cutting,
land clearing, and land grading. At the discretion of the Planning
Board, deed restrictions may be imposed to preserve open fields, or
forest areas within the rural residential compound.
B.
Development rights for any additional land outside
the three- or four-acre minimum lot area for each lot in the rural
residential compound shall be given "in perpetuity" by deed to the
Glocester Land Trust or other private nonprofit agency engaged in
land preservation.
C.
The common private way shall remain permanently (in
perpetuity) a private way, and shall not be extended and shall only
be used exclusively for access to properties in the rural residential
compound.
D.
The common private way shall not be connected to any
other way except where it originates on a Town or state road.
E.
The lots shall obtain access from the common private
way as created in this article if, and only if, ownership of the lot
provides automatic membership in the homeowners' association responsible
for all maintenance and snow removal of or from the common private
way. The homeowners' association shall retain all rights in the common
private way.
F.
The common private way does not meet the standards
of the Town for acceptance for new ways laid in accordance with any
applicable ordinance and shall never be accepted by the Town as a
Town-owned road.
G.
The common private way shall be kept in good repair
to ensure access to homes for emergency vehicles, such as police,
fire and ambulance.
H.
Owners of lots along the common private way are subject
to paying or reimbursing the Town for the cost of any repairs and
improvements necessary to ensure the safe passage of emergency vehicles,
even though the Town shall not accept the common private way.
I.
The homeowner's association shall indemnify, hold
harmless and release the Town from liability for any damages resulting
from an action brought by a third party or the association in any
court due to the repair, use, or maintenance of the common private
way.
J.
At the time of final approval of a rural residential
compound, the Planning Board shall approve the form and content of
the following legal documents to be recorded contemporaneously with
the final plat:
[Added 11-15-2007, effective 12-20-2007]
(1)
A covenant by the owner of the parcel, binding on
his successors and assigns, that the Town of Glocester shall not be
asked or required to accept or maintain the private streets within
the parcel that do not meet the engineering and design requirements
for Town-accepted streets, 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.
(2)
A document or documents establishing the method of
ownership, and providing for maintenance of the streets and drainage
improvements.
The common private way shall have:
A.
A design that maximizes the sight distances at the
intersection with the Town or state road;
B.
A paved bituminous concrete staging area (apron) of
a minimum 20 feet in width and at least 40 feet in length as it extends
from the Town or state street line, and sloped not more than four-percent
grade. Paving shall be installed to provide a minimum compacted cross-section
of three inches;
C.
A center-line intersection with the street center
line shall not be less than 60°;
D.
A wear surface, on that portion of the common private way extending beyond the staging area, of a minimum of six inches of graded two-inch minus crushed gravel, placed over a properly prepared base that is consistent with Chapter 300, Subdivision of Land, graded and compacted to drain from the crown, and having a grade of not more than 8%. In places where the Planning Board deems it necessary, an applicant may also be required to install bituminous concrete paving;
E.
Proper drainage appurtenances, where required, to
prevent flooding, washout and excessive erosion so that water draining
onto neighboring properties or the Town or state road surface from
the staging area is eliminated to the maximum extent feasible;
F.
The common private way wear surface may be reduced
to a width of 16 feet for its entire length after the staging area,
provided that a clear travel way (including shoulders) of at least
20 feet is maintained;
G.
A turnaround shall be provided at the end of dead-end
streets and culs-de-sac as provided in the Land Development and Subdivision
Regulations.
[Amended 11-15-2007, effective 12-20-2007]
H.
Driveway openings shall be constructed at least 40
feet from the private way intersection with the Town or state road
so as to ensure maintenance of a visual buffer between the road and
the driveway.
I.
When naming the private way within the rural residential
compound, said private way shall only be designated as "way" or "lane"
in order to distinguish these from public roads. The sign shall include
all the house numbers that can be accessed by the private way.
J.
Each private way so created shall have a sign posted
at the intersection of the Town or state road stating that this is
a "private way," "no outlet."
