SECTION IV. - SPECIAL REQUIREMENTS
Part of the Code of Ordinances of Narragansett, RI.
The text
A. - Residential cluster developments.#
1.
Definition and purpose. A residential cluster development is a parcel of land on which single-family dwellings are grouped or otherwise located on smaller lots and with lesser dimensional requirements as permitted in the Town of Narragansett zoning ordinance; provided, however, [that] the overall density of dwelling units per acre for the parcel to be developed shall be no greater than that specified in the Town of Narragansett zoning ordinance. The undeveloped open space areas created by grouping dwellings on smaller lots shall be set aside for uses that preserve the character of the land such as recreation, conservation, agricultural uses and for the preservation of valuable or sensitive environmental and/or historic features or structures. The overall residential density on the parcel shall not exceed that permitted in the zoning district, unless otherwise specifically provided by the Town of Narragansett zoning ordinance. Residential cluster developments are intended to promote the health, safety and welfare of the residents of the Town of Narragansett by encouraging harmonious, efficient and convenient living environments; increasing housing opportunities by increasing variety in residential housing types, density and design; facilitating the economical and efficient provision of community services, recreational facilities and open space; preserving features and sites having natural, ecological, historical, agricultural, scenic or other values and encouraging innovative design. Residential cluster developments are to be allowed by the planning board only when a subdivider can demonstrate to the board, at the preapplication meeting that such a development would be a better use of the land and more appropriate to the community than a conventional subdivision designed under these regulations. To this end the planning board shall require that the subdivider provide an alternative plan or plans for developing the parcel as a conventional subdivision and supply such other documents and studies as may be deemed necessary by the board. Plans shall be schematic in nature. As part of the preapplication process, the planning board may determine that the cluster design is inappropriate and require that the applicant proceed with a conventional design for the parcel or the board may recommend that the applicant proceed with a cluster design based upon the board's design suggestions.
2.
Uses, lot area and dimensional regulations. The permitted uses, minimum lots sizes and dimensional regulations applicable to residential cluster developments under this section shall be those provided in the Town of Narragansett zoning ordinance.
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 defined in section III.C of these regulations, and an additional 15 percent of the total land area of the property (as an allowance for streets and easements) shall be subtracted from the total acreage of the parcel.
b.
The remaining acreage of the parcel shall be divided by the square feet of the minimum lot size within the zoning district in which the residential cluster will be located, as provided in the Town of Narragansett zoning ordinance.
c.
The resulting figure is the maximum number of dwelling units permitted. Fractions shall be rounded downward to the next whole number. In no case will more dwelling units be permitted than would otherwise be permitted in a conventional subdivision of the same parcel.
4.
General requirements for residential cluster developments.
a.
Arrangement of building lots: The arrangement of residential lots, improvements and open space shall conform to the policies of the Narragansett comprehensive plan and the natural characteristics of the parcel; the location of any existing features or structures on the parcel that have ecological, historic, scenic, or cultural value; and the characteristics and uses of adjacent parcels.
b.
Location of lots: Housing lots shall be located on portions of the property where soils and other natural features of the land are suitable for construction of septic systems and/or wells.
c.
Open space and open space use: The open space shall be established as a lot or lots separate and distinct from residential lots or lots for accessory uses and street rights-of-way. The minimum required open space area shall be 25 percent of the gross area of the residential cluster development parcel. A minimum of 50 percent of the open space shall be lands other than those deemed unsuitable for development. (See section III.C.) Open space areas established under this section shall not be considered appropriate locations for drainage facilities required for a residential cluster development. The use of open space on the parcel shall be compatible with the natural characteristics of the parcel and the uses of property in the surrounding area or district. When assessing the appropriateness of the proposed use of the open space, the planning board shall consider the following factors:
(1)
The anticipated impact upon the natural environment;
(2)
The impact the use could reasonably be expected to have on surrounding areas including, but not limited to, traffic generation;
(3)
Existing unique ecological and/or historical features of the land proposed for the open space; and
(4)
The extent of proposed alterations to the natural environment, including the existing topography of the open space.
The planning board may deny a project design for open space if it should find that such project use of the open space will have a negative impact upon any of the factors listed above.
d.
Open space ownership: The open space provided within a residential cluster development shall either be conveyed to the Town of Narragansett and accepted by the town as a natural resources area, park, open space, agricultural, or other specified use or uses, or be conveyed to a nonprofit organization, the principal purpose of which is conservation of open space, or be conveyed to a corporation or trust owned by the owners of lots or units within the development, or owners of shares within a cooperative development. If such corporation or trust is used, ownership shall pass with conveyances of the lots or units. In any case where land is not conveyed to the town, a restriction enforceable by the town shall be recorded providing that the land shall be kept in the authorized condition(s) and not be built upon or developed for accessory uses such as parking or roadway.
e.
Perimeter buffers: The planning board may require a buffer area between development within the parcel and adjoining property or uses. Such perimeter buffer area shall be no smaller than the appropriate setback requirements required for zoning district in which the residential cluster is located.
f.
To preserve farmland and encourage the continuation of agricultural uses, any parcel of land in use as farmland, whether as an active woodlot, farm field, or classified by the Rhode Island Soil Conservation Services as prime farmland or farmland of statewide importance shall be included in the design of a residential cluster development in such a way as to preserve such land to the maximum extent possible. Such preservation shall include providing for agricultural parcels to be retained as farmable units of contiguous acreage.
g.
The planning board shall specifically authorize plans for the use of all open space areas within a residential cluster development. Areas proposed to fulfill the minimum open space requirement within a residential cluster development 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 as specifically authorized by the planning board.
h.
Utilities, streets, circulation systems including sidewalks, walkways, bike paths, trails and bridle paths, if appropriate, shall be constructed according to applicable specifications approved by the planning board and/or contained in section XIII of these regulations.
i.
Drainage facilities shall be designed in accord with section XIII of these regulations. Such facilities shall be located in areas other than those meeting the minimum open space requirements.
j.
All streets, pathways, utilities and drainage systems may be bonded pursuant to section XIII of these regulations.
B. - Reserved.#
C. - 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 an improved public street, which meet all applicable area and dimensional requirements of the zoning ordinance, 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 section V.C.3., and items [subsections] C.1 or C.2. of this section 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 section V.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 administrative officer in accordance with the procedure established in section V.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 section XV). If the administrative officer 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 board with a recommendation for preliminary approval without further review as provided in section V.C.3; provided, however, that the administrative officer, in forwarding the application to the planning board, may also recommend conditions for approval as provided in item C.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 one 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 section III.D. of these regulations, shall not be available 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 planning board in their review of any two-lot minor subdivision:
(1)
Potential for further subdivision. The planning board shall consider whether the parcel being subdivided has the potential for further subdivision under current applicable zoning regulations. If it has such potential, the planning board 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 item 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 public street which is adequate for access for vehicular traffic; and
(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)
Unless otherwise approved by the planning board, 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)
Relationship to scenic highways. Adequate provision shall be made to preserve scenic values along the road frontage of state and locally designated scenic highways in accordance with standards adopted by the state scenic highway board pursuant to G.L. 1956, § 24-15-9.
(5)
Conformity to zoning. The proposed lots must be in conformity with all applicable zoning ordinance requirements.
(6)
Conformity with the comprehensive plan. The proposed lots shall be in conformity with the town's comprehensive community plan with regard to:
(a)
Discouraging the development of residential lots having direct frontage on major streets;
(b)
Establishing a functional classification of roads which encourages residences to take access from local roads; and
(c)
Preserving visual quality and rural character along streets.
(7)
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 imposed by the planning board 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 item C. above involving the creation of 3, 4 or 5 lots for the purpose of development shall first be reviewed by the administrative officer in accordance with the procedure established in section V.C.3. 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 section XV). 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 section V.C.4.
a.
Criteria for review. In their review of any three- to five-lot minor subdivision, the planning board shall use the same criteria for review of a two-lot minor subdivision involving no street creation or extension, as provided in item 1.a., entitled "Criteria for Review," above. In addition, the planning board may also consider the following:
(1)
Preservation of agricultural land. The preservation of land in agricultural uses 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)
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 planning board 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, a residential cluster development or a conventional subdivision. If the planning board 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 a.(2) above, the planning board shall review the proposed frontage lots as a three- to five-lot minor subdivision. Standards which may be imposed by the planning board 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 item 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 section 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) onto the public street on which the lots front. Minimum standards for the design and construction of such private street may be imposed by the planning board in order to provide safe vehicular access; provided, however, that such standards shall not exceed those standards required by section 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 [item] (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 board. 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; and/or
(c)
Temporary driveways for frontage lots with provisions made for future permanent driveways to be connected to future streets in subdivision of contiguous land.
D. - 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 board in accordance with the procedures set forth in section V.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 section XIII.
2.
Creation or extension of a private street.
a.
Minor subdivisions which create private streets shall be permitted in all zoning districts. The planning board shall determine whether or not to allow the creation of private streets on a case-by-case basis.
b.
Reserved.
c.
Land being subdivided pursuant to this subsection (D.2.) shall have frontage on a street which has been officially accepted for ownership and maintenance by the Town of Narragansett or the State of Rhode Island.
d.
Any lot created pursuant to this subsection shall meet the minimum lot area, frontage and dimensional requirements of the zoning ordinance. The area of the private street shall not be included in the calculation of the minimum required area of any lot.
e.
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 Narragansett shall not be asked or required to accept or maintain any private street, unless the owners, at their own expense, improve said private street according to town design standards in force at the time. If accepted and maintained by the town, such private street shall become a public street.
f.
The option of land dedication in lieu of fees, as provided by section III, item D. of these regulations shall not be available to minor subdivisions created pursuant to this subsection (D.2.). The subdivider shall be required to pay a fee in lieu of land dedication.
g.
Street design and improvement standards shall be as provided in section XIII for local streets in minor subdivisions. 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 board may prohibit individual driveway access onto the public street and require that a 20-foot wide right-of-way or access easement for a common driveway be created. The planning board shall require, however, documentation that access and maintenance shall be provided.
In minor subdivisions of three to five lots, the board may require a street right-of-way width of up to 50 feet if it is determined by the board 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.