(A)

A land development project is a project in which one (1) or more lots, tracts, or parcels of land are developed or redeveloped as a coordinated site for one (1) or more uses, units, or structures, including but not limited to planned development or cluster development for residential, commercial, institutional, recreational, open space, or mixed uses.

(B)

All open land in a land development project or subdivision that is reserved for public or common use shall either be conveyed to the town for park, open space, agricultural, or other specified use or uses, or be conveyed to a nonprofit organization, the principal purpose of which is the conservation of open space, or be conveyed to a corporation or trust owned or to be owned by the owners of lots or units within the development or owners of shares within a cooperative development. If the open land is conveyed to such a corporation or trust, ownership shall pass with conveyance of each individual lot or unit. In any case where the land is not conveyed to the town, a restriction or conservation easement 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 without prior approval of the town council.

14.1 Residential cluster development

(A)

Intent. Residential cluster developments are intended to:

(1)

Encourage development of harmonious, efficient and convenient environments that are consistent with the comprehensive plan;

(2)

Increase housing opportunity by promoting variety in residential types, density and site design;

(3)

Encourage the preservation of unique natural features of the site, and

(4)

Facilitate the economical and efficient provision of necessary community services, roadways, recreation and open space.

These purposes and objectives are to be realized through flexibility in design, lot dimension, and preservation and dedication of open space.

(B)

Site size. The site proposed for a residential cluster development shall be no less than ten (10) acres unless the planning board or the administrative officer finds that property of less acreage is suitable by virtue of its unique historical character, topography or land features.

(C)

Permitted uses. Single-family dwellings, two-family structures, and multi-family structures are permitted in residential cluster developments.

(D)

Residential density and dimensional regulations

(1)

Residential cluster developments are permitted only in the RFR-80 zoning district. The maximum residential density is one (1) dwelling unit per eighty thousand square feet (80,000). A density increase of up to ten (10) percent may be approved if ten (10) percent of the total number of dwelling units in the development will be low- or moderate-income housing.

(2)

The following minimum lot sizes are required for the following uses:

Single-family detached dwelling - 40,000 sq. ft.

Two-family or duplex structure - 60,000 sq. ft.

Multi-dwelling-unit structure - 80,000 sq. ft.

(3)

Where the applicant can demonstrate that public water is available or the development will have its own water system, lots with reduced area may be approved as follows:

Single-family detached dwelling - 30,000 sq. ft.

Two-family or duplex structure - 50,000 sq. ft.

Multi-dwelling-unit structure - 70,000 sq. ft.

(4)

Where the applicant can demonstrate that public water is available or the development will have its own water system, and the applicant can demonstrate that a community on-site wastewater treatment system or a denitrification on-site wastewater treatment system will be approved and constructed, lots with reduced area may be approved as follows:

Single-family detached dwelling - 20,000 sq. ft.

Two-family or duplex Structure - 40,000 sq. ft.

Multi-dwelling-unit structure - 60,000 sq. ft.

On-site wastewater treatment systems located in common open space shall be owned and maintained by the homeowners' association.

Land unsuitable for development may be part of a lot but shall not comprise any part of the minimum lot size.

All dimensional regulations applicable to residential cluster developments are shown in Table 14.1A.

(E)

Standards for duplexes, townhouses, and rowhouses:

(1)

No more than fifty (50) percent of developable area of any residential cluster development shall contain duplexes, townhouses, or other multi-family buildings. If structures other than detached single-family dwellings are proposed, the applicant shall submit detailed plans for the proposed buildings that show type of construction, sizes of units, style, location on lots, and site layout, including landscaping and the location of driveways and parking areas.

(2)

No rowhouse structure shall contain more than four (4) dwelling units.

(3)

Each structure containing townhouses shall be located on a separate lot.

(4)

Each townhouse lot shall have a yard of at least five hundred (500) square feet, reasonably secluded from view from street or neighboring property. Driveways, off-street parking, garages, or other accessory buildings shall not be located in the yard.

(5)

The minimum distance between any two (2) rows of townhouse buildings shall be eighty (80) feet. The minimum distance between abutting ends of townhouses in the same general plane or row shall be thirty (30) feet.

(F)

Open space:

(1)

At least thirty (30) percent of the total area of the land suitable for development, excluding streets, wetlands, ponds, marshes, protected natural areas, and areas classified as unique, shall be reserved as open space. The open space shall conform to the requirements of section 9.2 of the land development and subdivision regulations.

(2)

The open space lot or lots in a residential cluster development shall not be taxed separately from the building lots. The value of the open space shall be added to the property taxes assessed against each lot.

(G)

Streets and parking. All streets shall be constructed in compliance with the requirements of the land development and subdivision regulations. If the proposed development will contain no more than 7 lots, the applicant may request that the street will be privately owned and maintained. At least two (2) off-street parking spaces shall be provided for each dwelling unit.

(H)

Approval. Residential cluster developments shall be reviewed and approved as provided by Art. IX, section 9.2 of the land development and subdivision regulations.

14.2 Residential compounds

(A)

Definition and purposes.

A residential compound is a subdivision of no more than seven (7) building lots with a maximum residential density of one (1) dwelling unit per five (5) acres, where private streets provide access to lots. Residential compounds are intended to:

(1)

Preserve the town's rural character.

(2)

Enable residents to own larger parcels suitable for small farms or homesteads.

(3)

Provide for limited development in areas of the town that are remote or have poorly-drained soil.

(4)

Enable families to establish large homesteads in which lots may be conveyed to family members.

(B)

Future development restricted:

No parcel that has been developed as a residential compound may be further subdivided. This restriction shall not prevent development of residential compounds in incremental stages or phases, but no lot created as part of a residential compound shall be further reduced in size.

(C)

Density and dimensional requirements:

(1)

A parcel developed as a residential compound shall have a minimum of fifty (50) feet of frontage on a public town street or a state highway. The residential density of the subdivision shall not exceed one (1) dwelling unit per five (5) acres of land suitable for development as that term is defined in the land development and subdivision regulations. No more than seven (7) building lots shall be created. No more than one (1) principal single-family dwelling unit shall be located on each lot.

(2)

The following dimensional regulations shall apply to building lots:

Minimum lot area - 2 acres

Minimum frontage on a street - 30 feet

Minimum front yard depth - 75 feet

Minimum side yard depth - 40 feet

Minimum rear yard depth - 40 feet

(D)

Standards for private streets:

Streets shall be constructed according to the standards in Art. XVII of the land development and subdivision regulations. The minimum width of a street right of way shall be fifty (50) feet and the minimum width of the travel surface shall be twenty (20) feet.

(E)

Open space:

(1)

Any land in a residential compound in excess of that required to satisfy the density and dimensional requirements may be included in any building lot or may be used to create one (1) or more open space lots. Open space lots may be used only for conservation, noncommercial outdoor recreational facilities, agriculture, or the preservation of scenic or historic sites or structures, and structures accessory to any of those uses. Each open space lot shall have frontage of at least thirty (30) feet on a private street. The planning board shall approve the proposed uses of the open space and the location of any structures on it.

(2)

The open space lot or lots in a residential compound shall not be taxed separately from the building lots. The value of the open space shall be added to the property taxes assessed against each lot.

(F)

Residential compounds shall be reviewed and approved as provided by Art. IX, section 9.1 of the land development and subdivision regulations.

Dimensional Regulations for Residential Cluster Developments

TABLE 14.1A

[1] Does not apply where units share a common wall.

[2] Sixty (60) feet for nonresidential buildings.

(Ch. 134, § 14, 12-19-94; Ch. 237, 7-21-14; Ch. 292, §(Exh. J), 12-4-23)