§ 45-23-49.1. Farmland residential compounds.
(a) The general assembly finds and declares that multiple dwelling units were historically common on farms because farming was a multi-generational way of life and because farm workers needed to be close to the land they worked; that this historical development pattern is centuries old, and that it is in the interest of the state to provide for the continuation of this development pattern as a means of preserving and enhancing agriculture and promoting sound development in rural areas of the state.
(b) Farmland residential compounds may be provided for by municipal ordinance as a minor land development project, consistent with the special provisions of this subdivision, which ordinances may treat farmland residential projects as a specific form of cluster development for purposes of zoning.
(1) Such farmland residential compounds shall only be allowed on agricultural operations, as defined in subsection 42-82-2(3), that have a net annual income of twenty thousand dollars ($20,000) or more for the most recent three (3) consecutive years preceding the date of the application for the farmland residential compound, which income is directly attributable to said agricultural operations.
(2) Such farmland residential compounds shall be limited to one dwelling unit for the first twenty (20) acres and one dwelling unit for each additional twenty (20) acres to a maximum of five (5) dwelling units, which shall be allowable without subdivision of the farmland parcel into separate lots and without meeting frontage requirements.
(3) Any road necessary to provide access to the dwelling units shall be constructed in accordance with applicable standards for private roads and shall be owned and maintained by the agricultural operation.
(4) Water supply and waste water treatment (ISDS) for the farmland residential compound shall comply with standards for residential systems.
(c) The dwelling units of a farmland residential compound need not be located in a single area on the farm and may be constructed in phases consistent with the limitations and provisions set forth in subdivision (b) of this section.
(d) Approval of a farmland residential compound shall not affect eligibility to participate in programs for farmland preservation or for taxation of farm, forest and open space land.
(e) For any agricultural operation, farmland residential compounds shall be permitted only to the limits set forth in subdivision (b)(2) of this section; in the event that the agricultural operation is subsequently divided into two (2) or more agricultural operations, no additional farmland residential compound shall be permitted until ten (10) years after the date of the approval of the application for the prior farmland residential compound, and all of the requirements for a farmland residential compound shall apply to each farmland residential compound; in the event that the agricultural operation ceases and the farmland is subdivided, a parcel at least equal to the minimum residential lot size for the zone times the number of dwelling units in the farmland residential compound plus the road in which the farmland residential compound is located shall be dedicated to the farmland residential compound, which overall parcel shall include the water supply and waste water treatment systems for the farmland residential compound.
History of Section.P.L. 2006, ch. 406, § 1; P.L. 2006, ch. 452, § 1.
Structure Rhode Island General Laws
Chapter 45-23 - Subdivision of Land
Section 45-23-1 - — 45-23-24. Repealed.
Section 45-23-26. - Requirement in all municipalities.
Section 45-23-27. - Applicability.
Section 45-23-28. - Continuation of ordinances — Supersession — Relation to other statutes.
Section 45-23-29. - Legislative findings and intent.
Section 45-23-32. - Definitions.
Section 45-23-33. - General provisions — Required contents of local regulations.
Section 45-23-34. - General provisions — Definitions.
Section 45-23-35. - General provisions — Pre-application meetings and concept review.
Section 45-23-37. - General provisions — Administrative subdivision.
Section 45-23-38. - General provisions — Minor land development and minor subdivision review.
Section 45-23-39. - General provisions — Major land development and major subdivision review stages.
Section 45-23-40. - General provisions — Major land development and major subdivision — Master plan.
Section 45-23-43. - General provisions — Major land development and major subdivision — Final plan.
Section 45-23-44. - General provisions — Physical design requirements.
Section 45-23-45. - General provisions — Public design and improvement standards.
Section 45-23-46. - General provisions — Construction and/or improvement guarantees.
Section 45-23-48. - Special provisions — Phasing of projects.
Section 45-23-49. - Special provisions — Land development projects.
Section 45-23-49.1. - Farmland residential compounds.
Section 45-23-50. - Special provisions — Development plan review.
Section 45-23-50.1. - Special provisions — Unified development review.
Section 45-23-51. - Local regulations — Authority to create and administer regulations.
Section 45-23-52. - Local regulations — Procedure for adoption and amendment.
Section 45-23-53. - Local regulations — Public hearing and notice requirements.
Section 45-23-54. - Local regulations — Publication and availability.
Section 45-23-55. - Administration — The administrative officer.
Section 45-23-56. - Administration — Technical review committee.
Section 45-23-57. - Administration — The board of appeal.
Section 45-23-58. - Administration — Administrative fees.
Section 45-23-59. - Administration — Violations and penalties.
Section 45-23-60. - Procedure — Required findings.
Section 45-23-62. - Procedure — Waivers — Modifications and reinstatement of plans.
Section 45-23-63.1. - Procedure — Tolling of expiration periods.
Section 45-23-64. - Procedure — Signing and recording of plats and plans.
Section 45-23-65. - Procedure — Changes to recorded plats and plans.
Section 45-23-66. - Appeals — Right of appeal.
Section 45-23-67. - Appeals — Process of appeal.
Section 45-23-68. - Appeals — Stay of proceedings.
Section 45-23-69. - Appeals — Public hearing.
Section 45-23-70. - Appeals — Standards of review.
Section 45-23-71. - Appeals to the superior court.
Section 45-23-72. - Appeals to the superior court — Enactment of or amendment of local regulations.
Section 45-23-73. - Appeals to the superior court — Priority in judicial proceedings.