A cluster development uses a site planning technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space, and/or preservation of environmentally, historically, culturally or other sensitive features and/or structures. Residential cluster development (RCD) is a technique which will serve to implement several of the policies of the land use, natural and cultural resources, and recreation, conservation and open space elements of the Warren Comprehensive Plan.

The RCD is a permitted and desirable use in the R40, R20 and R10 districts. Submission requirements, procedures and design criteria relating to residential cluster developments (RCD's) are governed by all applicable sections of the planning board regulations.

A.

Single family detached or attached dwellings may be built on lots smaller than normally required. Lot sizes may be as small as twenty thousand (20,000) square feet per dwelling unit in an R40 district, ten thousand (10,000) square feet per dwelling unit in an R20 district and six thousand (6,000) square feet per dwelling in an R10 district. All other minimal dimensional requirements shall be the same as the district governing the smallest permitted lot size. For example, a cluster development in an or R40 district shall follow the minimum lot width, setback and lot coverage requirements of a conventional development in the R20 district, and a cluster development in an R20 district shall follow the minimal dimensional requirements of an R10 district as specified in section 32-77 of this ordinance.

B.

No dwelling in a cluster development shall be built vertically for more than one (1) family.

C.

Where lots on the outer perimeter of the proposed RCD are contiguous to developed residential building lots outside the RCD, or there are existing residential structures within one hundred (100) feet of the perimeter of the RCD, the lots on the perimeter of the RCD must comply with the rear yard setback required for the underlying zoning district in which the cluster is located. This dimensional requirement may also be met in the form of an easement or open space lot.

Residential uses are restricted to single family attached or detached structures and uses accessory thereto.

The maximum number of units in an RCD shall be calculated in accordance with section 32-76.2 of this ordinance and Article 1, Section 14(B) of the Planning Board Regulations.

A.

The open space in an RCD shall be established as a lot or lots separate and distinct from the lots intended for residential and accessory uses.

B.

Parking areas and rubbish disposal areas that are accessory to any residential dwelling structure located in a cluster development shall not be located in any open space lot.

C.

The open space in an RCD may be devoted only to those uses as specified below in section 32-97 of this ordinance and as provided by article VIII zoning district use regulations of this ordinance, provided, however that the following conditions and those of Article IV of the Warren Planning Board Regulations are satisfied.

1.

In each RCD the use or uses of the open space shall be specifically approved by the warren planning board at the time of the final subdivision approval, in addition to whatever approval may be necessary by the zoning board of review.

2.

The open space shall be protected from further development or unauthorized alteration by the grant of a conservation or preservation easement to the Town of Warren pursuant to Title 43, Chapter 39 of the RI General Laws.

3.

Any buildings structures, parking areas or impervious improvements associated with the open space use may be located on the open space lot provided that they occupy no more than eight (8) percent of the upland open space of the RCD.

4.

Open space that is preserved for public or common use shall either be conveyed to the Town of Warren for its designated and permitted use; be conveyed to a non-profit organization, the principal purpose of which is the preservation of open space; or be conveyed to a corporation or trust owned, or to be owned by the owners of the lots or units within the development, or owners of shares within a cooperative development. If such a cooperation or trust is used ownership shall pass with conveyances of the lots or units.

An open space plan must be submitted with all cluster subdivisions in accordance with the requirements of Article IV of the Planning Board Regulations.

A.

A minimum of forty (40) percent of the land area of the tract, exclusive of land set aside for road area, and exclusive of all land deemed unsuitable for development as per Section 32-76.1 of these regulations, shall be common open space to be used for recreation and/or conservation purposes. This minimum required area shall be in addition to any open space used for stormwater drainage facilities as provided in Article IV Section 6 of the Planning Board Regulations entitled Drainage Facilities.

B.

Provision shall be made to provide that a maximum of twenty (20) percent of the forty (40) percent of the land area of the tract required to be common open space as described in the previous paragraph, can be devoted to paved areas such as tennis courts and swimming pools and structures used accessory to active outdoor recreation.

C.

The following uses are permitted in the open space, provided that they are designed, constructed and managed in accordance with an approved open space management plan and in accordance with Article IV of the Planning Board Regulations:

• Commercial raising of crops and animals, excluding hogs

• Horticulture or nursery

• Stables or the boarding of horses

• Stand for the sale of products grown on the premises

• Public park or playing field, playground or court

• Conservation area, wildlife area

• Private park, playing field, playground or court

• Bike path, bridle paths and/or footpaths

• Indoor or outdoor recreational facilities operated by a non-profit neighborhood association or the town.