The intent of this section is to provide greater residential development flexibility, particularly where a site has an unusual lot line or natural resource configuration of where rear lot development would promote or enhance the protection of valuable natural resource features. This section is not intended to encourage development of land characterized by severe or very severe development limitations or to discourage new development and is limited to residential construction.

19.1.1

No approval shall be granted authorizing construction on rear lots unless the applicants for such permits have demonstrated compliance with all of the following conditions to the satisfaction of the Commission:

19.1.1.1

That such lot or lots provide the best development of the land, considering subject lot and lot configurations, topography and other natural resources, characteristics, drainage and traffic impacts, and driveway site lines

19.1.1.2

That any proposed Rear Lot development is not detrimental to the health, safety, general welfare, property values, future land use or road layouts of the future occupants of rear lot or lots, abutting landowners or the community at large and shall not impair future land use and road layouts anticipated by the Master Plan of Development.

19.1.1.3

That there is no logical or feasible alternate for the lot or subdivision to be properly served by an accepted Town road, street or highway in the foreseeable future.

19.1.2

If rear lots are proposed in subdivisions, the incidence of rear lots shall not exceed the greater of one (1) lot or ten percent (10%) of the number of lots for which subdivision approval is sought.

19.1.3

Rear lot applications shall be considered as special situations, each requiring individual justification by the applicant. The burden of proof shall be on the applicant to demonstrate how special circumstances make a specific rear lot development proposal consistent with this section and how it will avoid adverse effects on surrounding land.

Those lots, which do not require subdivision approval, must apply for and receive a Special Permit from the Planning & Zoning Commission. All applications for a subdivision or Special Permit must meet the following requirements:

19.2.1

The provision of an unobstructed right of access (aka access strip) in fee simple, at least twenty-five (25) feet wide at all points to a public street and designed to accommodate emergency vehicles, etc., to such lot. If however the rear of such lot shall exceed twice the area requirements of the zone in which the rear area is located, such access strip to said area shall be at least fifty (50) feet wide to all points (to provide for future roadway development) and no building permit shall be issued for more than one building in the original rear area until all regulations for subdivision have been complied with.

19.2.2

The rear lot line of the primary lot and that from which the access strip for the rear lot originates, shall be considered the front yard line of the rear lot.

19.2.3

The access strip shall not be used in computing lot size area requirements.

19.2.4

No access strip shall exceed five-hundred (500) feet from the centerline of the traveled portion of any street.

19.2.5

Rear lots more than twenty-five (25) acres in area shall have two (2) access strips spaced a minimum distance of six-hundred (600) feet apart with all measurements taken from the midpoint of the access strip(s).

19.2.6

The maximum number of adjoining rear lot access strips shall not exceed two (2) and a common driveway shall be employed.

19.2.7

The minimum separation distance, as measured along one side of the street, between single rear lots shall be three hundred fifty (350) feet. The minimum separation distance between adjoining access strips sharing a common driveway and any other access strip(s) shall be six hundred (600) feet. All measurements shall be from the midpoint of the access strip(s).

19.2.8

The Commission shall require written reports as for each rear lot from the Chief of Police and the Fire Marshal as to the feasibility of rear access to each proposed dwelling and accessory buildings from the point of view of fire and police protection.

19.2.9

Parking on the access strip shall be prohibited to permit unrestricted entry of emergency vehicles.

19.2.10

An unobstructed vehicular turnaround with at least a forty-five (45) foot radius shall be provided at the dwelling to accommodate emergency vehicles.

19.2.11

To ensure a buildable area exists on the rear lot, at least fifty (50) percent of the minimum lot area required shall be "developable", as defined in Section 2 of the Zoning Regulations.

In order to approve a subdivision containing rear lots or a Special Permit for a rear lot the Commission shall find:

19.3.1

That the development of rear lots will provide the most suitable use of the land considering such factors as drainage, natural resources configuration, accessibility, and topography and

19.3.2

The rear lot(s) shall not present any problems with the provision of emergency services and

19.3.3

All the requirements of the Zoning and/or Subdivision Regulations are met.