§ 350-86
Conditions for approval
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.