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.
(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.
(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]
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.
B.
An ADU shall be permitted if in conformance with the following provisions:
(1)
One ADU shall be permitted by right within an owner-occupied residence
where the primary use is a legally established single-unit or multi-unit
dwelling as a reasonable accommodation for family members with disabilities
or who is sixty-two (62) years of age or older, or to accommodate
other family members; or
(2)
The property in which the ADU is proposed is located in a residential
zoning district with a minimum lot size of 20,000 square feet and
the ADU is located within the existing footprint of an existing principal,
accessory, or detached structure.
C.
Any new ADU established in Charlestown following the effective date
of this ordinance must comply with the following standards:
(1)
The ADU shall contain no more than two bedrooms.
(2)
The ADU shall be limited to no more than 900 square feet of interior
floor area or 60 percent of the floor area of the primary dwelling,
whichever is less.
(3)
An ADU constructed as an expansion of either the primary structure
or accessory structure shall meet all of the dimensional regulations
for the zoning district in which the property is located.
(4)
An ADU constructed as a detached structure, with the exception of
an existing accessory or detached structure, shall meet the building
setback requirements for a principal structure, but shall not exceed
the height limits for an accessory structure.
(5)
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.
(6)
An ADU shall be equipped with low water consumption plumbing fixtures.
(7)
The dwelling in which the ADU is proposed shall meet all state and
local requirements for the treatment of on-site wastewater.
D.
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 and building code standards;
and
(3)
That the property owner has provided a signed affidavit stating that
their principal residence is on the property. The affidavit shall
be recorded in the Land Evidence records of the Town of Charlestown.
[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:
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.
[1]
Editor's Note: Former § 218-55, Rear Lot Subdivision,
was repealed 2-9-2015 by Ord. No. 366.
