This article is enacted to provide for the private conservation of undeveloped tracts of land or fragile natural resource areas for the purpose of open space preservation by permitting limited residential building on such tracts of land.

(Rev. Ords. 1974, § 17-17-1)

(a)

In a residential compound development, a compound shall include not less than two and not more than seven dwelling units having frontage in common on a public road and sharing a private access road held in common.

(b)

Restrictive covenants shall prohibit the further division of land within the compound.

(Rev. Ords. 1974, § 17-17-2)

The following are permitted uses in residential compound developments:

(1)

Single-family dwelling.

(2)

Two-family dwelling.

(3)

Uses customarily accessory to residences.

(4)

Uses permitted in open space and public land districts.

(5)

Community centers, recreation facilities and similar structures designed for the use of the residents of the compound development.

(Rev. Ords. 1974, § 17-17-3)

(a)

Density. The average density of dwelling units in a residential compound development shall not exceed the following in the district therein located:

(1)

One-half that allowed in Pojac Point residential.

(2)

One-half that allowed in rural residential.

(3)

One-third that allowed in neighborhood residential.

(4)

One-fourth that allowed in village residential.

(5)

One-half that allowed in low density residential.

(6)

One-half that allowed in very low density residential.

Such densities shall be calculated only upon land suitable for development. Suitable land shall include only that land which has no development limitations, as defined in the subdivision and development regulations, appendix A of this Code. Water bodies may not be counted as suitable land.

(b)

Dimensions. Dimensions shall be as follows:

(1)

The minimum parcel size for development proposals shall be ten acres. After a preapplication conference between the applicant and the planning commission, the zoning board of review may grant a special use permit to this minimum size requirement.

(2)

The minimum dimensions for lots within the compound shall be as follows:

(3)

The minimum frontage of the parcel for development proposals shall be at least 50 feet in all residential districts. Additional frontage may be required if more than one access road is deemed necessary by the planning commission.

(c)

Open space criteria. Criteria for open space shall be as follows:

(1)

Not less than one-half of the total land area, including land both suitable and unsuitable for development, shall be devoted to common open space. Open space may be in one or more parcels, the size, location, shape and character of which must be suitable for the designated uses.

(2)

Open space shall be protected against building development and environmental damage by conveying to the town an open space easement restricting the area against any future building or use and against the removal of soil, trees and other natural features, except as is consistent with conservation, recreation or agricultural uses or uses accessory to permitted uses.

(3)

Use of the open space as permitted in subsection (c)(8) of this section shall be subject to site plan review by the planning commission. All structural improvements shall be a part of the final submission plans approved by the commission, or may be included by amendment at any time prior to the conveyance of the first lot. Following the conveyance of at least 51 percent of the lots, such improvements may be permitted by the commission with the written concurrence of at least two-thirds of the homeowners' association membership. No structure on the open space may be located within 50 feet of residential property abutting the compound development.

(4)

The planning commission may designate significant natural features of the property to be owned in common by the compound residents for the residents' own enjoyment. Common access shall be provided for all compound residents to all common land.

(5)

Strips of common land shall be permitted only as usable access paths between residences, streets and open space; as drainage areas; and as buffers.

(6)

Access areas to the open space shall be clearly marked with appropriate materials to distinguish commonly owned open space area from private property.

(7)

At least one-half of the common open space or 25 percent of the total land area shall be usable for active recreation. Provisions shall be made to ensure that no more than 20 percent of the open space will be devoted to paved areas and structures devoted to open space uses or uses accessory to permitted uses.

(8)

Open space may be issued for active recreation, passive recreation, conservation, forestry, agriculture, natural buffer, open space, structures accessory to approved uses including garages, and utilities owned and operated by the homeowners' association for its own use, including septic systems and package sewage treatment facilities.

(9)

Land which has been environmentally damaged prior to final approval of the development by the planning commission as a result of soil and earth removal operations, harvesting of trees or other natural features or refuse disposal or other causes shall not be accepted as common open space unless and until the land is restored to a condition which the planning commission determines to be reasonable and appropriate to effect the purpose of this article. The planning commission may grant final approval for a compound development subject to such restoration of the common space, provided an appropriate performance bond is posted.

(Rev. Ords. 1974, § 17-17-4; Ord. No. 94-12, § 1, 6-27-1994; Ord. No. 98-7, 5-11-1998)

(a)

Ownership of the common open space in a residential compound development shall be in accordance with the following: ownership by the individual lot owners as tenants in common. The deed to each lot shall include a proportionate share of the common open space. Each lot owner shall be required to be a member of a homeowners' association, which shall be formed prior to conveyance of the first lot. The assessment of dues and/or fees for structural improvements requires the affirmative vote of no less than two-thirds of the homeowners' association membership.

(b)

Open space shall be protected against building development and environmental damage by conveying to the town an open space easement restricting the area against any future building and against the removal of soil, trees and other natural features, except as is consistent with conservation, recreation or agricultural uses or uses accessory to permitted uses.

(Rev. Ords. 1974, § 17-17-5)

For a residential compound development, the following certificates or documents shall be submitted in accordance with the subdivision and development regulations:

(1)

A written agreement or contract to be executed between the developer and the town stating the following:

a.

The owner or developer will construct the development and install improvements both public and private in accordance with the approved plan and that a bond shall be posted to guarantee completion.

b.

If the owners, successors or assigns fail to maintain any common open space, recreation areas, landscaping features or other required improvements, the town may enter into such development and perform such necessary maintenance work and charge the cost, including attorney's fees, to the owner, successors or assigns.

c.

The contract shall be binding upon the heirs, assigns, successors or receivers of the development and shall constitute a lien on the property in the development.

d.

Any other conditions required by the planning commission.

(2)

Copies of any proposed management policies and existing deed restrictions or covenants running with the land in the development if any exist or are proposed.

(3)

A description of any existing easements, covenants or restrictions affecting land within the development and an instrument conveying any easements required as condition of approval to the town; such easements shall include that which is required by section 21-430.

(4)

All other procedural requirements or supporting material set forth in the subdivision and development regulations not mentioned in this section, which are applicable to any compound development.

(5)

The following disclosure shall be required:

a.

Prior to approval by the planning commission, the developer must file and have approved by the planning commission the following documents:

1.

A sample purchase and sale agreement which shall be used for the purchase of the individual lots and dwellings. Such agreement shall include in conspicuous type the following: That the property is part of a compound development subject to this article; that the purchaser and subsequent owners of the property are subject to the requirements therein contained; that the purchaser shall be required to be a member of a homeowners' association, shall be subject to rules and regulations of such association and shall be liable for any applicable assessment made by or against such association. The purchase and sale agreement shall further contain a statement by the seller that the purchaser has been provided with a copy of the rules and regulations of the homeowners' association, copies of any proposed management policies, copies of restrictions or covenants running with the land in the development and a prospectus which shall be a summarization in layperson's language of the information contained in the other documents.

2.

Copies of any declaration of condominium or proposed declaration; the documents creating the homeowners' association; the bylaws, rules and regulations of the homeowners' association; any management policies or proposed management policies; copies of any restrictions or covenants running with the land in the development and the prospectus which shall be a summarization in layperson's language of the information contained in the filed documents.

b.

It shall be clearly and conspicuously posted at all entrances to the compound development that it is a compound development subject to the bylaws, rules and regulations of the homeowners' association.

c.

If any roads serving the compound development are owned in common by the homeowner and maintained as private rights-of-way, this fact, along with a statement that all the costs and expenses of repairing and maintaining such roads are the responsibility of the homeowners' association, shall be clearly and conspicuously posted on such roads.

(6)

An agreement shall be filed that the town shall not at any time be held responsible for the maintenance or improvement of the private access.

(Rev. Ords. 1974, § 17-17-6)

No street and no public water supply or other improvements shall be constructed in a residential compound development unless a plat of such development has been approved by the planning commission. No building permit shall be issued for construction of any building within any compound development unless a plat of such development has been recorded in the office of the town clerk.

(Rev. Ords. 1974, § 17-17-7; Ord. No. 98-7, 5-11-1998)

Nothing contained in this article shall affect the validity of any residential compound development which was given final approval by the decision of the planning commission prior to May 10, 1982, and the validity of and uses permitted within such a compound shall be governed by the ordinances which were in effect on the date that such final approval was given only if the approved plat or plan and legal documents concerning such developments were and are recorded in the records of land evidence of the town no later than six months after May 10, 1982. Furthermore, nothing contained in this article shall prevent the planning commission from giving final approval to any compound development to which the commission gave preliminary approval prior to February 8, 1982. If such final approval is given, validity of and uses permitted within such a compound development shall be governed by the ordinances which were in effect on the date that such preliminary approval was given only if the approved plat or plan and legal documents concerning such development are recorded in the records of land evidence of the town no later than one year after May 10, 1982.

(Rev. Ords. 1974, § 17-17-8)