Applicability; eligibility for consideration

Residential compounds may be considered for any subdivision of land accessed off of a Town or state owned public road, or a private right-of-way existing on or before May 11, 2005 (date of enactment). An applicant may petition the Planning Board for consideration of a residential compound, or the Planning Board may suggest that a proposed subdivision be developed as a residential compound. To qualify for consideration as a residential compound, the property and proposed subdivision must satisfy all of the following conditions; however, satisfaction of all of the following conditions shall only result in rendering the plan eligible for further consideration as a residential compound and shall not be construed as approval:

• A. The subdivision must create at least one new lot, but shall not result in the creation of more than four new lots in addition to the existing lot and be located entirely in an RFR-2 Zoning District. (Note: An owner of an RFR-1 parcel may petition the Board for consideration of a residential compound.)
• B. The permitted uses, minimum lot sizes, and dimensional regulations applicable to residential compounds shall be those provided in this chapter for the RFR-2 Zoning District.
• C. A parcel proposed for development as a residential compound shall have a minimum of 30 feet of continuous access to one state-owned or Town-accepted street.
• D. Not more than one residential compound shall be created from any one property existing on or after May 11, 2005, or within a conventional subdivision.
• E. No more than five lots may derive access from or have frontage on a residential compound road.
• F. The applicant proposing a residential compound off of an existing private right-of-way shall demonstrate to the Planning Board that the applicant has the legal ability to use the access for a subdivision/development.