TOWN OF CHARLESTOWN

AMENDMENTS TO ZONING ORDINANCE

            Notice is hereby given that the following ordinance has been enacted by the Town Council of the Town of Charlestown on May 18, 2000 after advertised hearing pursuant to requirement of Home Rule Charter whereby all persons were given the opportunity to be heard.

ORDINANCE NO. 221

AN ORDINANCE IN RELATION TO ZONING

The Town Council of the Town of Charlestown hereby ordains:

ARTICLE XI entitled Residential Cluster Subdivision is hereby amended as follows:

Any major subdivision application (6 or more lots), certified as complete, and for which application the Planning Commission has begun its review thereon, after the effective date of this amendment, shall be required to adhere to the cluster subdivision provisions herein described.  The Charlestown Planning Commission may, at its discretion, permit a conventional subdivision if the applicant can prove to the satisfaction of the Charlestown Planning Commission that a cluster subdivision is inappropriate due to one or more of the following conditions:

1. Existing features on the land, such as unusual topography, exposed bedrock, waterbodies, and the like that may make a conventional subdivision more appropriate to the site than a cluster subdivision.

2. Prevailing development immediately adjacent to the parcel, such as an existing conventional subdivision to which the proposed subdivision is deemed to be an extension.

3. A clearly documented environmental condition, such as the inability of a cluster subdivision to support wells and septic systems.

4. Any other condition or circumstance, under which the Planning Commission determines that a conventional subdivision will serve the best interests of the Town, and where such conventional subdivision is found to be consistent with the intent and purposes of this Ordinance, is not based on economic considerations, and will provide the best site layout and design.

Under Residential Uses, following “Dwelling, Single Family,” add

* See § 218-58 and Charlestown Planning Commission’s “Subdivision/Land Development Regulations.”

ARTICLE VI, entitled Dimensional Regulations - §218-32 is hereby amended by adding new subsections E and F as follows:

E.  Residential Compound.  Upon approval by the Planning Commission and in accordance with the provisions of this subsection, up to five (5) lots in a residential compound may be created only in R2-A and R3-A zones as an alternative to a conventional subdivision.    A residential compound is a minor subdivision whose access to all lots is by means of a common private way, which is not paved, but rather requires a pervious surface, in accordance with the Charlestown Planning Commission’s  Subdivision/Land Development Regulations dated December 16, 1998, as amended.

(1)   Purpose. The purpose of a residential compound is to offer an alternative to conventional subdivisions in order to maintain the rural character of certain parcels by reducing the number of buildable lots and reducing impervious paved surfaces.  A residential compound may be developed as a minor cluster subdivision and is intended to be sensitive to natural features and physical qualities of the land that may not be otherwise preserved through a conventional subdivision.  To achieve these purposes, procedures are established in this subsection so that the Planning Commission may authorize the creation of residential compounds through minor subdivision review.

(2)   Subdivision Approval Required.   No construction within a residential compound shall begin until a preliminary plan of such has been approved by the Planning Commission as a minor subdivision according to the Charlestown Planning Commission’s  Subdivision/Land Development Regulations dated December 16, 1998, as amended.  The Planning Commission may require the subdivider to provide a conventional subdivision plan as an alternative to the residential compound.  In no case shall the number of developable lots in a residential compound exceed 60% of the number of lots that can be developed within the conventional subdivision plan within the respective zoning district.  Any subdivision restrictions imposed by the Planning Commission shall be noted on the subdivision plan and in any deeds recorded in the Land Evidence Records of the Town conveying any lots in an approved residential compound.  In addition, a notation shall be required which states that:

“Each residential compound shall be limited to agricultural use, single family residential use, and accessory uses customarily incidental and subordinate to such agricultural and single family residential uses.  The common private way shall be privately maintained and shall remain permanently a private way, which shall not be extended.  No further division or subdivision of this approved residential compound lot shall take place at any future date.”

(3)   Minimum Lot Size.  The minimum lot area for residential compounds may vary, provided that the combined acreage of all lots within the compound shall average 2.5 times the minimum lot area within the respective residential zoning district, exclusive of constraints to development and without the consideration in the average of the area of an existing frontage lot incorporated into the residential compound as provided in this section.  No single lot shall have a lot area of less than one (1) acre.  One frontage lot shall be permitted in combination with one or more lots.  An existing vacant frontage lot-of-record may be incorporated into a residential compound without having to increase its lot size, provided that such frontage lot conforms to the lot size requirement within the respective zoning district.  In no case shall there be any more than five developable lots subdivided out of any single parcel.  Any parcel of land, regardless of size, that is determined by the Planning Commission to be undevelopable, shall not be eligible to be subdivided as a residential compound.

(4)   Minimum Frontage Requirement.  Any parcel of land that is to be subdivided into a residential compound shall have a minimum frontage of fifty (50) feet on a public street.  All interior lots within the residential compound shall have physical access, with variable frontage lengths, to a common private way.  As a condition of approval, the Planning Commission must find that the proposed frontage for all lots shall ensure adequate vehicular access for normal and emergency purposes within the residential compound.

(5)   Common Private Way Requirements.  All lots in a residential compound are required to have physical access to a common private way.  The common private way in a residential compound shall connect to a public street, and shall not under any circumstances be connected to any other private way.  For design standards of a residential compound common private way, see the Charlestown Planning Commission’s  Subdivision/Land Development Regulations dated December 16, 1998, as amended.

(6)   Ownership of Common Private Way.  The common private way in a residential compound shall be owned in common, in equal portions and in perpetuity by the property owners of each residential compound.  To ensure the private maintenance of such common private ways, each applicant for a residential compound shall file with the Planning Commission a mandatory homeowners association plan, which shall be a condition of approval of any residential compound.  At a minimum, the mandatory homeowners association plan shall include maintenance of the common private way, repair, snow removal, and other improvements that individual future homeowners may require, in accordance with this ordinance and the Charlestown Planning Commission’s  Subdivision/Land Development Regulations dated December 16, 1998, as amended.  The homeowners association shall indemnify, hold harmless and release the Town from all liability and all damages resulting from any action brought by a third party, including individual future homeowners, in any court due to the failure of the homeowners to repair, use, or maintain the common private way to the standards established by the regulations. The owners of the common private way, for themselves, their successors, heirs, and assigns waive all rights to have the common private way accepted in the highway system of the Town of Charlestown pursuant to R.I. Gen. Laws §24-2-8.1.

(7)   Perimeter buffer. The Planning Commission may require a vegetated buffer of open space, which may include wetlands, at least one hundred feet wide around the entire perimeter of the subdivision, excluding the common private way, to provide a visual and audio screen between adjacent land uses.  No structure may be built in the perimeter buffer. Stormwater control and drainage structures may be permitted by the Commission within the perimeter or other buffers but shall not count towards the minimum area requirement Waterfront structures, such as docks, piers or boathouses, may be permitted by the Commission.  The requirement of one hundred feet may be reduced if the Commission finds that:

                                                   i. The adjacent land is already in permanent protected open space and the applicant can demonstrate it is likely to remain so.

                                                 ii. The Commission finds an existing substantial, permanent natural barrier that will serve as a natural buffer.

                                                iii. An environmental analysis indicates that the more sensitive interior lands would be better protected by perimeter development of the residential compound.

(8)   Other Conditions.  The Planning Commission may impose such other conditions it deems necessary to protect the public health, safety, and welfare, including but not limited to drainage, building envelop, setbacks, roadway location, buffers, and lot arrangements.

F.  Rear Lot Subdivisions.  Upon approval by the Planning Commission and in accordance with the provisions of this subsection, up to two (2) rear lots may be created only in R2-A and R3-A zones as an alternative to a conventional subdivision.  A rear lot subdivision is a minor subdivision that does not contain access roads to all lots, but rather requires an easement or a common driveway to achieve proper access.

(1)   Purpose.  The purpose of a rear lot residential subdivision is to offer an alternative to conventional subdivisions in order to maintain the rural character of certain large parcels by reducing curb cuts and impervious roads.  A rear lot subdivision is intended to be sensitive to natural features and physical qualities of the land that may not be otherwise preserved through a conventional subdivision.  To achieve these purposes, procedures are established in this subsection so that the Planning Commission may authorize the creation of rear lots through minor subdivision review.

(2)   Subdivision Approval Required.   No construction within a rear lot subdivision shall begin until a preliminary plan of such has been approved by the Planning Commission as a minor subdivision according to the Charlestown Planning Commission’s  Subdivision/Land Development Regulations dated December 16, 1998, as amended. The Planning Commission may require the subdivider to provide a conventional subdivision plan as an alternative to the rear lot subdivision.  In no case shall the number of developable lots in a rear lot subdivision exceed 60% of the number of lots that can be developed within the conventional subdivision plan within the respective zoning district.   Any subdivision restrictions shall be noted on the subdivision plan and in any deeds recorded in the Land Evidence Records of the Town conveying a rear lot subdivision.  In addition. a notation shall be required which states that:

“Each rear lot shall be limited to agricultural use, single family residential use, and accessory uses customarily incidental and subordinate to such agricultural and single family residential uses.  An easement or common driveway shall be maintained to the rear lot at all times.  No further division or subdivision of this approved rear lot shall take place at any future date.”

(3)   Minimum Lot Size.  The combined minimum lot area for a two-lot rear lot subdivision shall be ten (10) acres in an R2-A zone, and fifteen (15) acres in an R3-A zone, exclusive of constraints to development, provided that no single lot shall be less than one (1) acre.  One frontage lot shall be permitted in combination with one other rear lot.  In no case shall there be any more than two (2) rear lots subdivided out of any single parcel.  Any parcel of land, regardless of size, that is determined by the Planning Commission to be undevelopable, shall not be eligible to be subdivided as a rear lot subdivision.

(4)   Minimum Frontage Requirement.  The minimum frontage requirement for a frontage lot shall equal the minimum frontage requirement in the respective residential zone.  The minimum frontage requirement for the rear lot shall be 25 feet which shall be contiguous with the frontage lot’s front lot line.

(5)   Other Conditions.  The Planning Commission may impose such other conditions it deems necessary to protect the public health, safety, and welfare, including but not limited to drainage, building envelop, setbacks, driveway location, buffers, and lot arrangements.

§218-5.  WORD USAGE AND DEFINITIONS shall be amended to add the following:

3.      Any area of the tract proposed to be developed equal to the area of any street, common private way, and/or utility rights-of-way.