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A.
Residential cluster developments.
1.
Definition and purpose. A residential cluster development (RCD) is a parcel of land on which single-family, two-family or multifamily dwellings are concentrated on a portion of the parcel. Lots are smaller with lesser dimensional requirements than otherwise permitted in the zoning district. Open space on the parcel is set aside for recreation, conservation, [and] agricultural uses or for preservation of valuable or sensitive features or structures. The overall residential density on the parcel shall not exceed that permitted in the zoning district. Residential cluster developments are intended to promote the health, safety and welfare of the residents of Jamestown by encouraging harmonious, efficient and convenient living environments and communities; increasing housing opportunities by increasing variety in residential housing types and design; facilitating the economical and efficient provision of necessary community services, recreational facilities and open space; preserving features and sites that have natural, ecological, cultural, historical, agricultural, scenic or other interest or value; and encouraging innovative residential design. Residential cluster developments are required for all subdivisions of five lots or more.
2.
Uses, lot area and dimensional regulations. The permitted uses, minimum lot sizes and dimensional regulations applicable to residential cluster development shall be those provided in the zoning ordinance [chapter 82].
3.
Density calculation. The maximum number of dwelling units in a residential cluster development shall be determined by the following method:
a.
Land unsuitable for development, as the term is defined in article II of these regulations, shall be subtracted from the total acreage of the parcel.
b.
The remaining acreage of the parcel shall be divided by the minimum lot size for standard subdivision lots in the zoning district where the parcel is located, as provided in section 302 of the zoning ordinance [section 82-302 of the zoning ordinance printed as chapter 82 of the town Code of Ordinances].
c.
The resulting figure is the maximum number of dwelling units permitted. Fractions shall be rounded downward to the next lower whole number.
4.
Open space.
a.
Open space may be owned by the Town of Jamestown, the residents of the development, or by a not-for-profit corporation or organization; provided, however, that the following conditions shall apply:
(1)
All open space shall be protected against further development; and unauthorized alteration in perpetuity by appropriate deed restrictions, and by the grant of a conservation or preservation restriction to the Town of Jamestown, pursuant to G.L. 1956, § 34-39-1 et seq., as amended, and the planning commission shall approve the form and content of any such restrictions at the time of final approval of the subdivision.
(2)
The perpetual maintenance of all open space shall be guaranteed by appropriate deed restrictions, and by the grant of a conservation or preservation restriction to the Town of Jamestown, pursuant to G.L. 1956, § 34-39-1 et seq. as amended, and the planning commission 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 provision:
If the owners, or their successors or assigns fail to maintain the open space, the Town of Jamestown may perform any necessary maintenance and enforce the payment for such costs, including reasonable attorneys' fees, by an action at law or in equity against the owners or their successors or assigns.
b.
The planning commission shall specifically authorize plans for the use of all open space areas within any RCD. Areas proposed to fulfill the minimum open space requirement within an RCD shall not be excavated or regraded nor shall any disturbance be made to the natural contours of the land nor shall any existing natural vegetation be removed or any natural or manmade features altered in any way except as is needed for recreation or conservation purposes or for forestry or wildlife habitat or for ISDS or well location as specifically authorized by the planning commission. The planning commission shall require final construction plans to show proposed open space use(s) and alterations required as a condition of final approval.
5.
Streets, sidewalks and other improvements. Streets, sidewalks and associated rights-of-way for the installation of utilities shall be owned by the Town of Jamestown or the homeowners' association and shall be constructed according to the applicable specifications for streets contained in sections XIII and XIV of these regulations.
6.
Drainage facilities. Stormwater drainage facilities, including aboveground detention or retention areas and their associated conveyance ditches or channels, may be located within designated open space areas within residential cluster developments. Approval of placement of these facilities is contingent upon planning commission approval and providing that the minimum required open space area is met; provided, however, that the planning commission may prohibit any drainage facilities within required open space areas if it finds that such facilities are in conflict with the intent and purpose of the RCD as stated in section A.1. of this article or with the general purposes of these regulations. When drainage facilities are located within open space areas, they shall be privately owned and maintained and a drainage easement shall be granted to the town, where applicable. When drainage facilities are not located within the street right-of-way or within open space areas, they shall be located on a lot or lots specifically set aside for that purpose and shall be owned and maintained by the Town of Jamestown.
7.
Parking areas and rubbish disposal areas. Parking areas and rubbish disposal areas accessory to any structure located in a cluster development shall not be located in any open space lot, and shall be owned and maintained in common by the owner or owners of the structure. Rubbish disposal areas shall be screened.
8.
Alternative to cluster development. A conventional subdivision shall be allowed by the planning commission only when a subdivider can demonstrate to the commission, at the public information meeting on the master plan, that such a development would be a better use of the land than a cluster subdivision and is in the best interests of the residents of Jamestown. If a conventional design is sought by the subdivider, the planning commission shall require that the subdivider provide an alternative plan for developing the plat as a conventional subdivision, and supply other documents and studies as may be deemed necessary by the commission. Plans shall be schematic in nature. As part of the master plan consideration, the planning commission may then disallow the cluster design, but may allow the applicant to proceed at the preliminary plat stage with another form of subdivision, including, but not limited to, an alternative RCD design, or a conventional design, based upon the planning commission's design suggestions.
B.
Minor subdivision involving no street creation or extension. Any subdivision of a parcel of land into at least two, but no more than five, lots for the purpose of development, all of which have frontage on a public street, which meet all applicable area and dimensional requirements of the zoning ordinance [chapter 82 of the town Code of Ordinances], but which do not require the extension or creation of a street shall be considered to be a minor subdivision and shall be reviewed according to the applicable provisions of article V, section C.3., and section C.1 or C.2. of this article below.
Subdivisions described above which create more than five lots for the purpose of development shall be considered to be a major subdivision, and shall be reviewed according to the provisions of article V, section C.4.
1.
Minor subdivisions involving the creation of two lots. Minor subdivisions described above involving the creation of no more than two lots (one original lot plus one new lot) shall first be reviewed by the technical review committee in accordance with the procedure established in article V, section C.3.d.). The applicant shall be required to submit to the administrative officer all plans and supporting materials as required by the preliminary plat checklist for minor subdivisions (see appendix A.3.). If the technical review committee determines that the parcel being subdivided has the potential under the existing applicable zoning regulations to be developed for no more than two lots (one original lot plus one new lot), the application shall be forwarded to the planning commission with a recommendation for preliminary approval without further review as provided in article V, section C.3.d.(1)); provided, however, that the committee, in forwarding the application to the planning commission, may also recommend conditions for approval as provided in subsection b. of this section, entitled "Lot Development Standards," below. Any further subdivision of either of the two lots created hereunder at any time after the effective date of these regulations, whether immediate or future, shall be considered to be a minor subdivision of three or more lots or a major subdivision and shall be reviewed under the applicable provisions of these regulations. The option of land dedication in lieu of fees, as provided by article III, section D.5. of these regulations shall not be applicable to minor subdivisions involving the creation of two lots pursuant to this subsection. The subdivider shall be required to pay a fee in lieu of land dedication.
a.
Criteria for review. The following criteria shall be used by the technical review committee and planning commission in their review of any two-lot minor subdivision:
(1)
Potential for further subdivision. The planning commission shall consider whether the parcel being subdivided has the potential for further subdivision under current applicable zoning regulations. If it has such potential, the technical review committee and the planning commission shall consider the impacts from such future development in their review of the proposed subdivision and may impose any or all of the lot development standards provided in [sub]section [B.1.]b. below as necessary to mitigate such impacts.
(2)
Adequacy of the street on which the proposed lots front.
(a)
The lots must be provided with access to a street which is adequate for access for vehicular traffic; and
(b)
The frontage must provide safe and adequate access to a public street.
(3)
Adequacy of the access from the lots onto the street.
(a)
The lots must be accessible by the fire department, police department and other agencies charged with protection of the public peace, safety and welfare; and
(b)
The lots must be physically accessible from the street upon which it fronts i.e., they cannot be isolated by topographic or natural features which prevent adequate physical access from the street.
(4)
Conformity to zoning. The proposed lots must be in conformity with all applicable zoning ordinance requirements.
(5)
Relationship to adjacent or nearby uses. The proposed lots and access thereto shall be designed so as to minimize conflict with existing adjacent uses, driveways, buildings or other structures, streets, intersections, hills, curves or other similar existing features.
b.
Lot development standards. Standards which may be recommended by the technical review committee to be imposed by the planning commission on any two-lot minor subdivision as a condition of approval may include the following:
(1)
The location of the proposed access driveway along the road frontage may be modified or relocated;
(2)
The proposed number of access driveways onto any street from any lot or group of lots may be modified or limited;
(3)
Driveways of adjacent lots, or groups of contiguous lots may be combined and the use of common driveways may be required where feasible;
(4)
Screening/buffering/landscaping of the lot and/or driveway from adjacent public streets may be required;
(5)
Preservation of any existing unique natural and/or historic features such as trees or stone walls may be required; or
(6)
Provisions may be made for ensuring adequate sight distances from the proposed access driveway along adjacent public streets in order to alleviate any potentially hazardous situation.
2.
Minor subdivisions involving the creation of three to five lots. Minor subdivisions described in section B. above involving the creation of three, four or five lots for the purpose of development shall first be reviewed by the technical review committee in accordance with the procedure established in article V, section C.3.d. The applicant shall be required to submit to the administrative officer all plans and supporting materials as required by the preliminary plat checklist for minor subdivisions (see article XV [XIV appendix A.3 (checklists)]). Any further subdivision of any lot(s) at any time after the effective date of these regulations, whether immediate or future, so as to create a total of six lots or more from the original lot, after the effective date of adoption of these regulations shall be considered to be a major subdivision and shall be reviewed under the provision of article V, section C.4.
a.
Criteria for review. In their review of any three- to five-lot minor subdivision, the technical review committee and planning commission shall use the same criteria for review of a two-lot minor subdivision involving no street creation or extension as provided in section 1.a., entitled "Criteria for Review" above. In addition, the committee and planning commission may also consider the following:
(1)
Preservation of agricultural land. The preservation of land in agricultural use or which contains prime farmland or farmland of statewide importance soils shall be maximized wherever possible by means of clustering lots and/or buildings on portions of the parcel being subdivided which are not being used for agriculture or which are not suitable for agricultural use.
(2)
Areas of secondary importance. In addition to the land unsuitable for development, the developer shall also note the location of any of the following natural and cultural features of the landscape: mature woodlands, significant wildlife habitats, prime farmland or open meadows and their defining tree lines/ hedgerows and/or stonewalls, historic structures or community landmarks, and scenic views to, from or within the property. These features add character and value to the community and help maintain the rural character. Efforts shall be made by the developer to minimize adverse impacts to these areas by use of design which is sensitive to existing site conditions.
(3)
Feasibility of internal access streets. Wherever possible and practical, the lots shall be developed on remaining portions of the parcel being subdivided so as to avoid creation of individual lots having direct frontage on an existing public arterial or collector street. In such cases, the technical review committee shall require the applicant to submit alternative plans to demonstrate the feasibility of creating other types of subdivisions, such as a three- to five-lot minor subdivision with an internal street, residential cluster development or a conventional subdivision. If the planning commission determines that such development is feasible and practical, the creation of frontage lots shall be prohibited, and the applicant shall be required to develop the property in an alternative fashion.
b.
Lot development standards. If the creation of three to five frontage lots is not prohibited under the provisions of [subsection] 2.a.(3) above, the planning commission shall review the proposed frontage lots as a three- to five-lot minor subdivision. Standards which may be recommended by the technical review committee to be imposed by the planning commission as a condition of approval of any three- to five-lot minor subdivision involving no street creation or extension may include the following:
(1)
Any of the standards for the development of a two-lot minor subdivision as provided in [sub]section 1.b(1)—(6) above, plus any of the following:
(2)
Improvements to the street on which the proposed lot(s) front(s) may be required in order to provide safe vehicular access; provided, however, that the standards for construction or upgrading of any such access street(s) shall not exceed those standards required by article XIII of these subdivision regulations for construction of streets in minor subdivisions.
(3)
Provisions shall be made for construction of a private street to provide vehicular access to multiple frontage lots from a common access point (or points) on to the public street on which the lots front. Minimum standards for the design and construction of such service roads may be imposed by the planning commission in order to provide safe vehicular access; provided, however, that such standards shall not exceed those standards required by article XIII of these regulations for construction of streets in minor subdivisions.
(4)
Easements may be required to be granted to the town to prohibit individual driveway access from lots onto frontage streets if adequate provision is made for access from individual lots to service roads required in [subsection 2.b.](3) above.
(5)
Provisions may be made for incorporating proposed frontage lots into future subdivision of contiguous land, if such future subdivision is determined to be feasible by the planning commission. Such provisions may include the following:
(a)
Preparation of a concept plan to indicate future access to and development of residual land contiguous to proposed frontage lots;
(b)
Reservation of land or easements to provide for future access from access streets to contiguous land.
C.
Minor subdivisions involving street creation or extension. Any subdivision of a parcel of land into at least two, but no more than five, lots for the purpose of development and which requires the creation or extension of a public or private street shall be considered a minor subdivision and shall be reviewed by the planning commission in accordance with the procedures set forth in article V, section C.3. Standards for the design and required improvements of such minor subdivisions shall be as follows:
1.
Creation or extension of a public street. Any minor subdivision which proposes the creation or extension of a public street shall be required to meet the design improvement standards for public streets as provided in article XIII.
2.
Creation or extension of a private street.
a.
Land being subdivided pursuant to this subsection (C.2.) shall have frontage on a street which has been officially accepted for ownership and maintenance by the Town of Jamestown or the State of Rhode Island. The minimum required frontage shall be equal to 50 percent of the minimum required lot width (frontage) required for single-family dwellings in section 302 of the zoning ordinance [section 82-302 of the zoning ordinance printed as chapter 82 of the town Code of Ordinances] for the zoning district in which the subdivision is located. All lots in the subdivision shall be served by a private street connecting directly to the public street as herein defined at the point where said frontage is located.
b.
Any lot created pursuant to this subsection shall meet the minimum lot area, frontage and dimensional requirements of section 302 of the zoning ordinance [section 82-302 of the zoning ordinance printed as chapter 82 of the town Code of Ordinances]. The area of the private street shall not be included in the calculation of the minimum required area of any lot.
c.
As a condition of final approval, the subdivider shall be required to record a covenant, binding on his successors and assigns, that the Town of Jamestown 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.
d.
The option of land dedication in lieu of fees, as provided by article III, section D. of these regulations shall not be available to minor subdivisions created pursuant to this subsection (C.2.). The subdivider shall be required to pay a fee in lieu of land dedication.
e.
Street design and improvement standards shall be as provided in article XIII for local or minor streets. Where common driveways are required for two-lot minor subdivisions, there are no minimum improvement standards for the driveway established in these regulations; provided, however, that the planning commission may prohibit individual driveway access on to the public street and require that a 20-foot-wide right-of-way or access easement for a common driveway be created.
3.
Provisions for future access. In minor subdivisions of three to five lots, the commission may require a street right-of-way width up to 50 feet, if it is determined by the commission that the potential for additional development on adjacent property exists and that access through the minor subdivision to such adjacent property is necessary or desirable.