Rural residential compounds
(a) Objectives and applicability. The objective of the rural residential compound is to provide for flexibility of design for residential development and to allow a better relationship between residential development and the natural, historic and rural characteristics of the land. Lots may contain less than the frontage and provide flexibility in the front, side, and rear yard setback requirements as prescribed by this chapter for the underlying district, provided that the requirements of this section are met.
The planning board may grant approval for the creation of a rural residential compound in the F-5 district. A rural residential compound is a parcel of land on which no more than five single-family household structures are grouped on a portion or portions of the property, on smaller lots and within building envelopes and with flexible dimensional requirements other than those permitted in the underlying zoning district. Individual lot frontages may be permitted on private as well as public streets. Within such rural residential compounds, any contiguous open space shall remain undeveloped and be set aside for conservation, agricultural uses, passive recreation, and/or for the preservation of valuable and/or sensitive features or structures of the rural landscape.
(b) Definition, purpose and review process.
(1) A residential compound is a parcel of land containing lots for single-family dwellings having an average overall density of no greater than one dwelling unit per ten acres of land.
(2) Residential compounds are intended to preserve the rural character of the town by permitting low-density residential development on large parcels of land while relieving the applicant from compliance with the design and improvement standards applicable to conventional land development and subdivisions.
(3) The compound shall contain a maximum of five residential building lots, and no fewer than two building lots.
(4) For the purpose of review and approval, residential compounds will be considered minor land development projects and subject to the review and approval by the planning board under the provisions of the Town of Burrillville land development and subdivision regulations. Any proposed rural residential compound shall require a public hearing in accordance with the public hearing and notice requirements section of the Burrillville subdivision and land development regulations.
(c) Permitted uses. The permitted uses applicable to residential compounds shall be those provided in the F-5 zoning district, the only district in which residential compounds are allowed.
(d) Density calculation and dimensional regulations.
(1) The maximum number of building lots allowable in a residential compound shall not exceed five lots, and no fewer than two building lots.
(2) The planning board may allow flexible lot width or frontage requirements for lots within a rural residential compound, provided however, that no building lots shall be reduced in area to less than two acres. The planning board may reduce those areas or portions of lots within the minimum prescribed front-rear-side yard setbacks, known as building envelopes, to designate an appropriate area for the siting of a house.
(3) The requirements of this ordinance cannot be utilized contemporaneously with any other subdivision such as a minor or major subdivision for the purpose of increasing the density allowed under section (d)(1) above.
(e) General requirements.
(1) A parcel proposed for development as a residential compound shall have frontage on a town-accepted street. Such frontage shall be a minimum of 50 feet. This provision is intended to accommodate legal nonconforming lots with substantial backland but only minimum frontage and shall not be construed as a means of increasing the density allowed under section (d)(1) above.
(2) Each proposed lot must contain a minimum of two acres suitable for development. Land unsuitable for development shall be RIDEM verified wetland areas and land determined by the planning board to be unbuildable because of natural physical conditions.
(3) No lot or parcel which has been developed as a residential compound shall be further subdivided or reduced in size. This provision shall not prevent the development in incremental stages of a parcel as a residential compound as long as each component lot shall not be changed after having received final approval from the planning board.
(f) Open space. At least 50 percent of the total land area of the parcel proposed for development shall be designated as permanent open space in accordance with the provisions of the Town of Burrillville land development and subdivision regulations. To the extent possible, the proposed open space shall be contiguous. Any land within a rural residential compound not designated as a building lot shall be conveyed to the town and accepted by it for park, open space, agricultural, or other specified open space use or uses, or be conveyed to a nonprofit organization, the principal purpose of which is the conservation of open space, or be conveyed 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. Each owner will have an undivided interest in and to those open space lots and ownership shall pass with conveyances of the lots or units. While the open space areas will generally be owned by the owners of the residential compound, the town reserves the right to request that the land be conveyed to the town or a non-profit organization for the town's use as a park or open space.
(1) The open space lot created shall be protected against future development and unauthorized alterations in perpetuity by appropriate deed restrictions and conservation easements. In any case where the land is not conveyed to the town, a restriction enforceable by the town shall be recorded providing that the land shall be kept in the authorized condition(s) and not be built upon or developed for accessory uses such as parking or roadway. The planning board shall approve the form and content of any such restrictions and easements at the time of final approval of the residential compound.
(2) Any buildings, structures, parking areas or impervious improvements associated with open space use may be located on the open space lot, or lots, provided, however, that any structure is within keeping the lot, or lots, as part of the open space. The planning board shall approve the facility and location of all such facilities and their design in terms of massing, scale and materials.
(3) The owner(s) of the open space lot, or lots, shall guarantee perpetual maintenance by appropriate deed restrictions, and the planning board shall approve the form and content of any such restrictions at the time of final approval of the subdivision. The restrictions shall contain the following provisions:
a. If the building lot owners and/or their open space lot owners, and/or their successors or assigns fail to maintain the open space lot or lots, the Town of Burrillville may, at its option and its sole discretion, perform any necessary maintenance and enforce the payment for such costs, including reasonable attorneys' fees, by an action of law or in equity against the building lot owners and/or their open space lot owners or their successors or assigns.
(g) Design and improvement standards.
(1) Streets and drainage improvements within the parcel to be developed as a residential compound shall be privately owned and maintained in common by the residents of the residential compound. At the time of final approval, the planning board shall approve the form and content of the following legal documents to be recorded contemporaneously with the final plat.
a. A covenant by the owner of the parcel, binding on his successors and assigns, that the Town of Burrillville 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. Such restrictions shall state that all expenses for improvements to private streets to meet town requirements shall be born[e] by the owners of the property, including such improvements which may be deemed necessary for public use should the property owners wish a private roadway be made a town-accepted road.
b. A document or documents establishing the method of ownership, and providing for the maintenance of the streets and drainage improvements.
(2) Streets and appropriate drainage facilities within a residential compound shall be designed, constructed and inspected in compliance with the Town of Burrillville land development and subdivision regulations. The planning board shall have the authority to require additional improvements in order to protect the public health, safety, and welfare, if warranted by the characteristics of the land, or if the street will be used by persons other than the residents of the compound.
(3) If the planning board determines that an existing private right-of-way which is proposed to be used as access from the compound to a town-accepted road is not adequate for public health, safety and welfare purposes, the planning board shall have the authority to require improvements to the private right-of-way. Such improvements may include improved pavement surface, increased pavement width, increase in depth below finished grade for removal of boulders or ledge, improvements in the grade of ascent or descent, surface water run-off control, natural water flow protection, or drainage improvements. Any such improvements required shall be shown on a plan certified by a professional engineer, and such plan shall be included in the submission requirements for final plan approval and recorded with the endorsed plat. No final approved plat shall be endorsed or recorded and building permits issued for any property in rural residential compounds until such required improvements are completed.
(4) Streets, drainage, and other improvements within a residential compound may be bonded pursuant to the Town of Burrillville land development and subdivision regulations.
(h) Approval process. Residential compounds shall be reviewed as minor land development projects by the planning board under the Town of Burrillville land development and subdivision regulations.
(1) Approval of a rural residential compound shall be granted only upon the planning board's determination that the plan preserves open space; utilizes the natural features of the land, allows for more efficient provision of access; provides for stability and appropriate long term safety and capacity of the road system both internal and external roads of the residential compound, be they private roads, public ways, or town-accepted roads; and preserves the aquifer overlay district and the rural character of the land.
(2) Rural residential compounds are to be allowed by the planning board only when a subdivider can demonstrate to the board that such development would be a better use of the land than a conventional subdivision and is the best interests of the residents of the Town of Burrillville. To this end, the planning board shall require the subdivider to provide an alternate plan or plans for developing the land as a conventional subdivision.
(3) The final plan approved by the planning board and recorded in the land evidence records of the Town of Burrillville shall contain the following statement: "These premises are subject to restrictions and conditions that are contained in instruments recorded contemporaneously with this plan and are incorporated herein by reference."
(Ord. of 3-10-99(2); Ord. of 4-23-2008(2))