Town of Cumberland, RI Conservation Developments

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Article 11 Conservation Developments

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§ 11-1 Purposes.

§ 11-2 Applicability.

§ 11-3 Permitted uses.

§ 11-4 Density regulations.

§ 11-5 Lot dimensional requirements.

§ 11-6 Flexible lot frontage and width.

§ 11-7 Open space in conservation developments.

§ 11-1 Purposes.

[Ord. No. 08-31, 10-7-2009]

The purposes of this article, entitled conservation developments, are to:

(a)

Protect natural resources, including, but not limited to, those areas containing woodlands, unique or specimen vegetation, vernal pools, streams, wetlands, floodplains, aquifers and their recharge areas, wellhead areas and agricultural lands, by setting them aside from development;

(b)

Preserve cultural, historical and archaeological resources;

(c)

Protect recreational resources;

(d)

Provide greater design flexibility and efficiency in the siting of services and infrastructure, including wastewater disposal systems and wells, and to reduce length of roads, utility runs and the amount of paving required for residential development;

(e)

Provide for a diversity of lot sizes, building densities and housing choices to accommodate a variety of age and income groups, and residential preferences, so that the population diversity of the community may be maintained;

(f)

Implement adopted municipal policies to conserve a variety of irreplaceable and environmentally important resources as set forth in the comprehensive plan;

(g)

To provide reasonable incentives for the creation of a contiguous greenway system within the Town;

(h)

To implement adopted land use, transportation and community service policies, as set forth in the comprehensive plan;

(i)

Protect areas of the Town with productive agricultural soils to encourage continued or future agricultural use by conserving blocks of land large enough to allow for efficient farm operations;

(j)

Create neighborhoods with direct visual and/or physical access to open land, with amenities in the form of neighborhood open space, and with a strong neighborhood identity;

(k)

Provide for the maintenance of open land set aside for active or passive recreational use, stormwater drainage or conservation lands;

(l)

Conserve and create scenic views, to protect views along scenic roadways, and, where appropriate, to preserve the rural character of the Town; and

(m)

Provide a buffer between new development and existing streets, neighborhoods, active farmland and adjacent park or conservation land.

§ 11-2 Applicability.

[Ord. No. 08-31, 10-7-2009]

(a)

The Planning Board may approve a conservation development only in the following agricultural and residence zoning districts: A-1, A-2, R-1, R-2 and R-3. Within the R-2 and R-3 zones, in areas served by both water and sewer, the dwelling units within conservation developments shall consist of only single-family attached units or multifamily units (see subsection 11-3 (a) below).

(b)

Conservation developments are reviewed in accordance with the procedures and standards set forth in the land development and subdivision regulations (the "regulations") as either a major or minor subdivision, or land development project, as appropriate.

(c)

All major subdivisions, or major residential land development projects whether a subdivision or not, are required to be developed as a conservation development. The Planning Board may permit a conventional subdivision under the provisions of paragraph (e) below.

(d)

An applicant for a minor subdivision or minor residential land development project may submit a plan for either a conventional development or for a conservation development.

(e)

When a development or subdivision is required or requested by the Planning Board to be developed as a conservation development, and the applicant wishes to develop a conventional subdivision, the applicant shall submit both a concept plan for a conventional subdivision, also referred to as a "conventional yield plan", and an alternate concept plan for a conservation development. In determining which plan is most appropriate, the Planning Board shall consider the following:

(1)

Consistency of development plans with the goals and policies of the Cumberland Comprehensive Plan;

(2)

Consistency of development plans with the general purposes of conservation developments set forth in § 11-1 herein, and with the general purposes of the regulations;

(3)

The physical characteristics and configuration of the land proposed for development; and

(4)

Characteristics of the neighborhood and surrounding area.

Based upon evaluation of the above criteria, the Planning Board may permit the application to be reviewed in a form other than a conservation development. For major subdivisions or land development projects, the Planning Board may make this determination at the pre-application meeting, but no later than the master plan stage of review.

§ 11-3 Permitted uses.

[Ord. No. 08-31, 10-7-2009]

(a)

Residential and related uses. The following uses are permitted uses on the developed portion of a conservation development site. Where there is a conflict between this section and that contained in the residential section of the Use Table, Article 4, this section shall apply.

(1)

One-household detached dwelling, in all A and R zones.

(2)

Two-household detached dwelling (duplex), in the R-2 and R-3 zones.

(3)

Single-family attached units (townhouses), provided there is no more than two units per structure in the A-1, A-2 and R-1 zones, and no more than eight units per structure in the R-2 zone.

(4)

Multi-household dwelling in the R-3 zone.

(5)

Accessory dwelling units as provided in § 6-5.

(6)

Home occupations as provided in § 6-6.

(7)

Accessory uses customarily incidental to a use permitted in the zoning district and located on the same site are permitted by right. Any accessory use customarily incidental to a use allowed by special use permit in the district and located on the same site is permitted by special use permit.

(b)

Open space uses. The open space in a conservation development (see § 11-7) shall be devoted only to conservation purposes or for park, passive recreation, forest management and agricultural purposes as approved by the Planning Board. In all zoning districts where conservation developments are permitted, the following uses may also be allowed in open space areas if permitted by the Planning Board in accordance with the applicable provisions of the regulations:

(1)

Stormwater drainage areas.

(2)

Placement of privately owned and maintained water supply wells for individual uses within the conservation development. Each such well shall be designed to serve only one single-family or one two-family dwelling.

(3)

Placement of privately owned and maintained public water supply wells or well fields serving up to 25 connections, for uses within the conservation development and which meet the following conditions:

The development is constructed at a density of greater than two dwelling units per acre, or the development consists of multifamily dwellings; and

The total number of bedrooms in the conservation development proposed to be serviced by the public water supply well exceeds 12, or the number of persons regularly served in the development exceeds 24.

(4)

Placement of privately owned and maintained individual or common sewage disposal systems for uses within the conservation development, if granted as a waiver by the Planning Board.

(5)

Buildings, structures, parking areas, active recreation areas or impervious improvements which are accessory to and subordinate to a permitted open space use, provided that, in all cases, they occupy no more than 5% of the total open space area of the conservation development.

§ 11-4 Density regulations.

[Ord. No. 08-31, 10-7-2009]

Whether developed as detached buildings on separate lots, or as attached single-family units or multifamily dwellings on commonly owned land, the allowable density for a conservation development shall be equal to that which would otherwise be allowed under the provisions of § 5-2. To determine allowable density, the applicant shall submit a yield plan as provided for in the regulations that indicates the number of lots or dwelling units which could be expected to be developed on the parcel under a conventional development. In reviewing a proposed conservation development, the Planning Board may allow additional density as follows:

(a)

To allow the construction of low or moderate income housing units (see Article 15).

(b)

To allow the preservation of an existing dwelling which is currently located on the property being developed for any of the following purposes: preservation of historic structures that contribute to the character of an area; maintenance of historic or traditional development patterns; preservation of streetscape features; design of public or common open space; or other design or site planning issues identified in the Cumberland Comprehensive Plan. In such cases, the Planning Board may allow the applicant to exceed the maximum number of permitted dwelling units in the development by one additional dwelling. Any dwelling, not located within an historic district, granted a density bonus under the provisions of this subsection shall be subject to deed restrictions prohibiting the removal or alteration of the dwelling except as may be approved by the Planning Board, with advisory review by the historic district commission, as a condition of approval.

§ 11-5 Lot dimensional requirements.

[Ord. No. 08-31, 10-7-2009]

Applicants are encouraged to modify lot area, shape and other dimensional characteristics within a conservation development in order to meet the purposes of this article. A conservation development may be developed with dwelling units on separate lots, a single lot or a combination thereof. Where dwellings are proposed to be located on individual lots, the dimensional regulations provided in the table below shall be applicable.[1] Maximum lot coverage shall be applied to the total developed area. Internal dimensional regulations for Townhouses and multifamily dwellings shall be governed by § 5-5.

[1]

Editor's Note: The table entitled "Dimensional Requirements in a Conservation Development" is included as an attachment to this chapter.

§ 11-6 Flexible lot frontage and width.

[Ord. No. 08-31, 10-7-2009]

(a)

For a proposed conservation development, the applicant may request a waiver for, and the Planning Board may permit, the following variations in lot frontage and lot width:

(1)

Lot frontage and lot width of newly created lots on any public or approved private street may be reduced to a minimum of 20 feet.

(2)

Lots set aside as open space may have zero frontage on a street, as long as the Planning Board approves access to the open space by easement.

(b)

No more buildable lots shall be allowed using flexible lot frontage and width provisions than are allowed by using conventional frontage and width provisions, as shown on the conventional yield plan. This shall not prohibit, however, additional lots or units granted as a density bonus pursuant to § 11-4.

§ 11-7 Open space in conservation developments.

[Ord. No. 08-31, 10-7-2009]

The open space required to be set aside as part of a conservation development shall be established as a lot or lots separate and distinct from those lots intended for residential and accessory uses, and from land dedicated as street rights-of-way. The minimum amount of required open space area shall be based on a percentage of the land suitable for development in the entire conservation development site as provided in the table below. None of the minimum required open space area shall be devoted to land unsuitable for development as defined § 5-8 of this appendix.

Zoning District			Minimum Percentage of Land Suitable for Development Dedicated as Open Space
A-1			75%
A-2			60%
R-1
	No water or sewer		60%
	Water/no sewer or sewer/no water		50%
	Both water and sewer		35%
R-2 and R-3
	No water or sewer		N/A¹
	Water/no sewer or sewer/no water
		Single-family	30%
		Two-family	50%
	Both water and sewer
		Single-family or two-family	N/A²
		Single-family attached or multifamily	25%

NOTES:
¹	There are no areas within the R-2 and R-3 Zones without either water facilities or public sewers.
²	In areas in the R-2 and R-3 Zones served by both water and sewer the dwelling units shall consist of only single-family attached units or multifamily units.