§ 30-203

Cluster development

(a) Objectives. To enable the community to better protect natural resources by steering development away from features such as wetlands and jurisdictional buffers, steep slopes in excess of 15 percent, and rock and or ledge areas, encourage developers to use more creative approaches in the development of land, encourage a more efficient, aesthetic and desirable use of open space, encourage variety in site designs and development of the town and to enable more efficient and economical provision of community services and facilities particularly through minimization of road length.
(b) Definitions.

Cluster development shall mean the division of land into lots used or available for use as building sites where said lots are clustered together into one or more groups of lots separated by intervening common open lands.

Environmentally constrained land shall mean natural features, resources, or land characteristics that are sensitive to change and may require cluster techniques to prevent degradation of the site, or may require limited development, or in certain instances, may preclude development. Such features include: rock outcroppings, ledge, hydric soils, wetlands and jurisdictional buffers, archeological sites, scenic meadow areas or slopes exceeding 15 percent in steepness.

(1) Cluster development for residential, detached single-family uses, excluding mobile homes, shall be permitted in F-2, R-40, R-20 and R-12 districts provided the following requirements are met:
- a. The developer must follow the general site planning techniques of the Burrillville Subdivision Regulations.
- b. The maximum number of dwelling units shall not exceed that which a conventional yield plan would produce according to the underlying zone district minimum lot sizes. Where the aquifer overlay zone exists, its minimum lot size requirements shall be used in the yield plan calculation to determine density only if development is proposed within that zone.
- c. Environmentally constrained land shall exclude land for rights-of-way, wetlands and jurisdictional buffer areas, hydric soils 0—18 inches to water table and seasonal high water table soils 19 to 36 inches, ledge areas, and steep slopes in excess of 15 percent. Additionally, in cases involving former farms where field areas still exist, development shall be steered away from field areas in order to protect natural views to the greatest extent possible.
- d. Open space shall be protected in perpetuity by restrictive covenants and deed restrictions. In situations where open space areas offer passive recreation, such as walking paths or congregation areas, a maintenance program shall be developed and recorded as part of a home owner's association document. Town ownership of open space shall be looked at on a case by case basis. Fifty percent of the land area within cluster applications shall be protected as open space, 25 percent of which land area shall be considered useable upland and not environmentally constrained land as defined in subsection (b), Definitions, above.
- e. All water supply sources must be consistent with the Rhode Island Department of Health Regulations. All onsite wastewater treatment systems shall be approved by RI DEM or in the case of sewer lines; the Burrillville Sewer Commission.

(2) The dimensional regulations for lot size for cluster development of single family, multi-family and mixed use building units may be reduced as follows:

	F-2 District	R-40 District	R-20 District	R-12 District
Minimum lot area(square feet)	40,000	20,000	12,000	6,000
Minimum lot width(feet)	100	75	50	50
Minimum yards:
Front, (feet	40	30	20	20
Rear, (feet)	30	30	30	20
Side, each side (feet)	20	20	10	10
Maximum building coverage (percentage)	15	15	20	30

- (3) A cluster development which includes townhouses or multi-unit buildings shall be permitted provided no more than three units shall be allowed in any one building in the F-2 and R-40 zone districts.

(Ord. of 12-12-2007(2))