§ 45-23-49.1 - Farmland residential compounds.
SECTION 45-23-49.1
§ 45-23-49.1 Farmland residentialcompounds. – (a) The general assembly finds and declares that multiple dwelling units werehistorically common on farms because farming was a multi-generational way oflife and because farm workers needed to be close to the land they worked; thatthis historical development pattern is centuries old, and that it is in theinterest of the state to provide for the continuation of this developmentpattern as a means of preserving and enhancing agriculture and promoting sounddevelopment in rural areas of the state.
(b) Farmland residential compounds may be provided for bymunicipal ordinance as a minor land development project, consistent with thespecial provisions of this subdivision, which ordinances may treat farmlandresidential projects as a specific form of cluster development for purposes ofzoning.
(1) Such farmland residential compounds shall only be allowedon agricultural operations, as defined in subsection 42-82-2(3), that have anet annual income of twenty thousand dollars ($20,000) or more for the mostrecent three (3) consecutive years preceding the date of the application forthe farmland residential compound, which income is directly attributable tosaid agricultural operations.
(2) Such farmland residential compounds shall be limited toone dwelling unit for the first twenty (20) acres and one dwelling unit foreach additional twenty (20) acres to a maximum of five (5) dwelling units,which shall be allowable without subdivision of the farmland parcel intoseparate lots and without meeting frontage requirements.
(3) Any road necessary to provide access to the dwellingunits shall be constructed in accordance with applicable standards for privateroads and shall be owned and maintained by the agricultural operation.
(4) Water supply and waste water treatment (ISDS) for thefarmland residential compound shall comply with standards for residentialsystems.
(c) The dwelling units of a farmland residential compoundneed not be located in a single area on the farm and may be constructed inphases consistent with the limitations and provisions set forth in subdivision(b) of this section.
(d) Approval of a farmland residential compound shall notaffect eligibility to participate in programs for farmland preservation or fortaxation of farm, forest and open space land.
(e) For any agricultural operation, farmland residentialcompounds shall be permitted only to the limits set forth in subdivision (b)(2)of this section; in the event that the agricultural operation is subsequentlydivided into two (2) or more agricultural operations, no additional farmlandresidential compound shall be permitted until ten (10) years after the date ofthe approval of the application for the prior farmland residential compound,and all of the requirements for a farmland residential compound shall apply toeach farmland residential compound; in the event that the agriculturaloperation ceases and the farmland is subdivided, a parcel at least equal to theminimum residential lot size for the zone times the number of dwelling units inthe farmland residential compound plus the road in which the farmlandresidential compound is located shall be dedicated to the farmland residentialcompound, which overall parcel shall include the water supply and waste watertreatment systems for the farmland residential compound.