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Westerly
Town of Westerly Zoning Ordinance
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§ 260-46

Cluster development

  • A. Purpose. The purpose of these cluster development regulations is to provide for the following:
    • (1) To achieve high quality, affordable housing for present and future generations.
    • (2) To protect and preserve sensitive natural resources and areas.
    • (3) To achieve development and population densities that are consistent with the Comprehensive Plan, and with existing densities of development and that do not overburden the Town's public services.
    • (4) To permit flexibility in site design and road system design to avoid conflicts and to utilize buildable land efficiently and aesthetically.
    • (5) To provide open space areas and recreational amenities consistent with the Comprehensive Plan and established planning principles.
    • (6) The purpose and objectives of this section are to be realized through flexibility in lot areas and dimensions, preservation and dedication of open space areas and innovative design that is clearly superior to conventional development techniques.
  • B. Land use requirements. The following requirements should be applicable to all cluster development:
    • (1) Permitted areas. Cluster developments are permitted in Residential Districts in the RR-60, LDR-43, LDR-40 and MDR-30 Zoning Districts and only in accordance with the standards, requirements, and procedures established herein.
    • (2) Standards for approval. Cluster residential developments are allowed only when the developer can demonstrate that a cluster development would be a better use of the land than a conventional subdivision and is in the best interests of the Town.
    • (3) Permitted uses. Permitted uses in a cluster residential development shall be limited to single-family detached dwellings, playgrounds, recreation areas, parks, open spaces, and natural areas and uses and structures customarily accessory to single-family dwellings, including private garages, swimming pools, pool houses, recreational facilities and structures.
    • (4) Minimum land area. The minimum land area required for a cluster development shall be 10 acres; however, if a cluster development includes any private roads, the minimum land area required shall be 25 acres.
    • (5) Permitted number of dwellings. The maximum number of dwelling units in a cluster residential development shall not exceed the number computed by the following formula:
      • (a) Step 1: Deduct from the gross area of the property freshwater and coastal wetlands.
      • (b) Step 2: Deduct an additional 15% of the area of the property remaining after Step 1 as an allowance for streets and open space or recreation which would be present in a conventional subdivision.
      • (c) Step 3: Deduct the area of any existing utility easements within the property.
      • (d) Divide the remaining land resulting from Steps 1, 2, and 3 by 40,000 square feet, or the minimum lot size for the zoning district in which the tract lies, whichever is greater. The result of this calculation rounded to the nearest whole number is the number of dwellings permitted in the cluster development.
  • C. Site development requirements. The following site development requirements shall apply to all cluster developments.
    • (1) Minimum building lot area. Each single-family detached dwelling in the cluster residential development shall be located on a lot having a minimum area of 10,000 square feet with a width at the building setback line of at least 80 feet.
    • (2) Building locations. Buildings shall be located in conformance with the following:
      • (a) All buildings adjacent to public streets shall comply with the front yard setback of the existing zone. All buildings adjacent to private streets shall comply with the front yard setback of the existing zone as measured from the edge of the road.
      • (b) There shall be a buffer of open space at least 75 feet wide around the entire perimeter of the cluster development to provide a visual and audio screen between the cluster development and adjacent land uses. This requirement may be reduced in the following circumstances: where the adjacent land is already open space and is likely to remain so, for example, because it is a privately or publicly owned park or wildlife sanctuary; or where there exists a substantial and lasting barrier which would serve as a buffer.
      • (c) All buildings shall be set back a minimum of 10 feet from any lot line within the cluster development.
      • (d) Each residential building shall be separated at least 25 feet from every other residential building or accessory building on a given lot.
      • (e) The maximum height of any structure in a cluster development shall be 35 feet.
    • (3) Open space. Open space shall be developed in accordance with the following:
      • (a) The cluster development shall be designed to provide open space that preserves natural resources, provides convenient access to dwellings, and acts as a buffer to adjacent land uses. Access to the open space shall be made available to all residents of the cluster development by providing suitable access corridors.
      • (b) All land that is not used or reserved for cluster dwellings, associated structures, recreation facilities, or roads shall be dedicated as open space. The applicant shall restrict the use of open space areas through the use of conservation restrictions. The developer may be required to provide recreation facilities within the open space proportional to the demand created by the cluster development. The developer may reserve the right to improve certain areas of open space with associated recreational facilities, provided that the improvements are intended for the sole use of the development occupants and their guests. The area so reserved may not exceed 10% of such open space.
      • (c) All open space provided in a cluster development for public or common use shall be conveyed either to a nonprofit land conservation organization, to an owners' association, or to the Town, which will accept it for park, open space, agricultural or other specific uses. Where said open space is conveyed to the Town, the Town shall be deemed to hold said conveyance for the benefit of the Town and the property owners within and abutting said cluster development, their heirs, successors and/or assigns and such conveyance shall not be released or modified in whole or in part without the unanimous consent of said property owners and the consent of the Town Council.
      • (d) In any case where open space is not conveyed to the Town in fee, a conservation restriction shall be given in the form of a development easement, granted to the Town with respect to such areas, provided that such land shall be kept in the condition(s) approved and shall not be built upon or developed except as provided in Subsection C(3)(b) above. The Town shall be deemed to hold such development easement for the benefit of the Town and the property owners within and abutting said cluster development, their heirs, successors and assigns, and such development easement shall not be released or modified in whole or in part without the unanimous consent of the property owners and the consent of the Town Council.
      • (e) If the open space is to be held by an owners' association, ownership of the open space subject to the development easement shall pass with the conveyance of lots or units. In such case, the developer must demonstrate suitable financial arrangements for the maintenance of the open space, which shall include a written agreement or contract to be executed between the developer and the Town, stating:
        • [1] That in the event of failure of the owners' association to maintain any common open space, recreation areas, landscaping features, or other required improvements, the Town may enter into said development and perform such necessary maintenance work and charge the cost, including attorney fees to the owner.
        • [2] That the owner or developer will construct the development and install improvements in accordance with the approved development plan.
        • [3] That this contract shall be binding upon the successors, assigns, or receivers of the development and shall constitute a lien on all property in the development.
        • [4] Any other conditions required by the Planning Board.
    • (4) Landscaping. The following regulations regarding landscaping shall govern all cluster developments:
      • (a) The cluster development plan shall provide for reasonable landscaping around all residential dwellings, accessory buildings, and recreational facilities.
      • (b) Additional landscaping may be required around the perimeter of the cluster if existing vegetation is inadequate to screen the cluster development from adjacent land uses.
      • (c) Landscaped buffers of existing vegetation or new materials shall be required and buffer areas shall be restricted from modification and so noted on the cluster development plan.
    • (5) Streets. The following regulations regarding streets shall govern all cluster developments:
      • (a) The cluster development shall be served by an improved street system that connects to an existing Town street or state highway. The streets in the cluster development may be public or private; public streets shall be located on a full right-of-way as required under Chapter A261, Land Development and Subdivision Regulations; the required width of private street rights-of-way shall be determined in relation to all pertinent factors of the site design.
      • (b) All streets in the cluster development shall be constructed in accordance with Chapter A261, Land Development and Subdivision Regulations; however, the width of pavement may be reduced to no less than 22 feet if the streets are to be privately owned and are intended for internal circulation within the development and to no less than 18 feet if intended for access to individual clusters. "Cape Cod" type berms shall be encouraged in lieu of conventional curbs. All pavement widths shall exclude curb or berms widths. The reduction in street width may be permitted if it is demonstrated that the reduction improves site design, preserves property character, and provides additional recreational or other amenities to serve the cluster development.
    • (6) Utilities. The following regulations regarding utilities shall govern all cluster development:
      • (a) All dwellings in the cluster development shall be served by either a public sanitary sewer or individual septic system. If a dwelling is to be served by an individual septic system, no building permit for such dwelling shall be issued until approval for the individual septic system is obtained from the RIDEM. Public sanitary sewers shall be designed and constructed in accordance with Chapter A261, Land Development and Subdivision Regulations, of the Town and any other applicable requirements or conditions imposed.
      • (b) All dwellings in the cluster development shall be served by a public water system designed and constructed in accordance with Chapter A261, Land Development and Subdivision Regulations, and any other applicable requirements or conditions imposed.
      • (c) All other utilities shall be underground and shall be in accordance with Chapter A261, Land Development and Subdivision Regulations.
      • (d) Where public or private utilities serve a cluster with private roads, easements shall be provided to the appropriate utilities.
    • (7) Application procedure. The following procedural requirements shall apply to all cluster developments:
      • (a) No part of the construction of a cluster development shall begin until the plan of development has been granted final approval by the Planning Board in accordance with Chapter A261, Land Development and Subdivision Regulations, applicable to such development.
      • (b) Upon approval, the cluster development plan shall be signed by the Chairman or Secretary of the Planning Board and all plans, easements, or conveyances shall be recorded in the land evidence records. In the event of conditional final approval, pursuant to pertinent provisions of Chapter A261, Land Development and Subdivision Regulations, such cluster development shall not be signed, released by the Planning Board, nor recorded, until final determination that such cluster development is not in conflict with the Fresh Water Wetlands Act, Title 2, Chapter 1 of the General Laws of Rhode Island, as amended, and the Coastal Resource Management Act, Title 46, Chapter 23 of the General Laws of Rhode Island, as amended, and/or any rules or regulations duly adopted pursuant thereto.
      • (c) No building permit shall be issued within a cluster development until the Finance Director has accepted a certified check or performance bond as set forth in pertinent provisions of Chapter A261, Land Development and Subdivision Regulations.