[Added 11-15-2007, effective 12-20-2007]
A.
The purposes of this article, entitled "Conservation
Developments," are:
(1)
To conserve open land, including those areas
containing unique and sensitive natural features such as woodlands,
steep slopes, streams, floodplains, wetlands, reservoirs and their
drainage areas, and agricultural lands, by setting them aside from
development;
(2)
To preserve historical, cultural, agricultural
and archaeological resources;
(3)
To provide greater design flexibility and efficiency
in the siting of services and infrastructure, including the opportunity
to reduce length of streets, utility runs, and the amount of paving
required for residential development;
(4)
To provide for a diversity of lot sizes and
layouts;
(5)
To provide for a diversity of 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;
(6)
To implement adopted municipal policies to conserve
a variety of irreplaceable and environmentally important resources
as set forth in the Comprehensive Plan;
(7)
To provide reasonable incentives for the creation
of a greenbelt/trails system within the Town;
(8)
To implement adopted land use, environmental
and open space policies as set forth in the Comprehensive Plan;
(9)
To protect areas of the Town with productive
agricultural soils for continued or future agricultural use by conserving
blocks of land large enough to allow for efficient farm operations;
(10)
To 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;
(11)
To provide for the maintenance of open land
set aside for active or passive recreational use, stormwater drainage
or conservation lands;
(12)
To conserve and create scenic views and preserve
the rural character of the Town; and
(13)
To provide a buffer between new development
and existing neighborhoods, delicate natural features and habitats.
A.
The Planning Board may require a proposed land development
project or subdivision to be developed in the form of a conservation
development only in the following zoning districts: A-4 Agricultural-Residential;
A-3 Agricultural-Residential and R-2 Residential.
B.
In accordance with the standards set forth in this article, the Planning Board shall have the authority to determine whether a major or minor subdivision or land development project, whether a subdivision or not, shall be developed as a conservation development or a conventional subdivision, as further provided in Subsections C, D, E and F, below.
C.
If an applicant requests approval of a major or minor conventional subdivision, the Planning Board shall first require the applicant to submit a plan(s) of a conservation development for the property proposed for development, following the requirements and procedures for conservation developments provided in this section. As a comparison, the applicant shall also submit plan(s) for the conventional type of development requested. If the Board finds that the conventional subdivision meets the general purposes of the Land Development and Subdivision Regulations, and after consideration of the purposes of conservation developments set forth in § 350-100 herein, the Board may permit the application to be reviewed in a form other than conservation development. For major subdivisions or land development projects, the Board may make this determination at the preapplication meeting, but no later than the master plan stage of review. For minor subdivisions or land development projects, the Board shall make this determination at the informal concept review meeting.
D.
If an applicant requests approval of a major or minor conservation development, and the Planning Board determines that a conventional subdivision may be preferable, the Board may require the applicant to submit a plan(s) of both a conservation development and a conventional development. If the Board finds that the conventional subdivision meets the general purposes of the Land Development and Subdivision Regulations, and after consideration of the purposes of conservation developments set forth in § 350-100 herein, the Board may require the application to be reviewed in a form other than conservation development. For major subdivisions or land development projects, the Board may make this determination at the preapplication meeting, but no later than the master plan stage of review. For minor subdivisions or land development projects, the Board shall make this determination at the informal concept review meeting.
E.
Administrative subdivisions and subdivisions that
create lots which are not for the purpose of present or future development
(e.g., open space lots) shall not be required to be developed as a
conservation development.
F.
The Planning Board may not require an application for a rural residential compound to be submitted as a conservation development or conventional subdivision. Applications for approval of a rural residential compound shall be at the discretion of the applicant, subject to the provisions of Article X of this chapter, and in accordance with the procedures and standards set forth in the Land Development and Subdivision Regulations for minor land development projects.
A.
Permitted residential uses in a conservation development
are the following:
(1)
Single-family dwelling.
(2)
Two-family dwellings or duplexes are permitted
by the granting of a special use permit by the Zoning Board of Review.
(3)
Accessory family dwelling units are permitted
by the granting of a special use permit by the Zoning Board of Review.
These units do not count towards the maximum number of dwellings allowed
in a conservation development.
B.
Open space uses. The open space in a conservation
development shall be devoted only to conservation purposes; for park
and recreation uses; or for the preservation and management of agricultural,
habitat or forestry resources. The following provisions shall apply:
(1)
In the A-4 Agricultural-Residential and A-3
Agricultural-Residential Zoning Districts only, the following uses
shall be permitted within the open space areas:
(2)
In all zoning districts where conservation developments
are permitted, including A-4, A-3 and R-2, the uses listed below shall
be permitted within the open space areas.
C.
In all zoning districts where conservation developments
are permitted, the following uses may also be allowed in open space
areas subject to the approval of the Planning Board in accordance
with the applicable provisions of the Land Development and Subdivision
Regulations:
(1)
Stormwater drainage areas.
(2)
Placement of privately owned and maintained
wells for individual uses within the conservation development.
(3)
Placement of privately owned and maintained
community wells for uses within the conservation development.
(4)
Placement of privately owned and maintained
individual or common sewage disposal systems for uses within the conservation
development.
D.
Buildings, structures, parking areas or other impervious
improvements which are accessory to and subordinate to a permitted
open space use may be located on any open space lot, provided that,
in all cases, they occupy no more than 2% of the total open space
area of the conservation development for any permitted open space
uses.
The maximum number of dwelling units permitted in a conservation development shall not exceed the number of single-family lots (or dwellings) which could reasonably be expected to be developed upon the conservation development site under a conventional yield plan as defined in § 350-5 herein, and as further described in § 300-35H (Basic maximum number of dwelling units) of the Land Development and Subdivision Regulations.
A.
The dimensional regulations provided in Table 1 below
shall apply to all lots in a conservation development proposed as
building lots for single or two-family dwellings.
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Table 1
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Dimensional Requirements in
a Conservation Development
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Use
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Minimum Lot Area*1
(square feet)
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Minimum Lot Frontage and Width
(feet)
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Minimum Front Yard Depth
(feet)
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Minimum Rear Yard Depth
(feet)
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Minimum Side Yard(each side)
(feet)
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Maximum Lot Coverage
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Maximum Building Height
(feet)
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|
Single-family dwelling
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43,560
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150
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25
|
30
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25
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8%
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35
|
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Two-family dwelling
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60,000
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175
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40
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60
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40
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8%
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35
|
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*NOTE: See § 350-104.
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B.
The Planning Board may allow a building lot for a
single-family dwelling to be a minimum of 43,560 square feet in a
conservation development only. In such cases, the building lot must
be directly abutting open space area(s) which shall be suitable for
the placement of a future ISDS and/or a drinking water well if needed
to serve the dwelling on the lot. In making this determination, the
Board shall consider the physical characteristics of the open space
with regard to its suitability for future ISDS/wells, including but
not limited to soil characteristics, topography, presence of land
unsuitable for development, vegetation, or other natural or man-made
features. If the Board finds that the abutting common open space area
is not suitable for these purposes, the lot area for the single-family
dwelling shall be not less than 1.5 acres (65,340 square feet).
A.
Every conservation development shall provide protected
open space in accordance with the following requirements and standards:
(1)
The open space shall be established as a lot
or lots separate and distinct from the lots intended for residential
and accessory uses, and from land dedicated as street rights-of-way.
(2)
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 as provided in the table below. None of the minimum required open space area shall be devoted to land unsuitable for development as defined in § 350-58 of this chapter.
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Zoning District
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Minimum Percentage of Land Suitable for
Development to be Dedicated as Open Space
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|---|---|---|
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A-4
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70%
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A-3
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60%
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R-2
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50%
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(3)
Open space provided by a conservation development
for public or common use, shall either be conveyed to and accepted
by the Town for park, open space, agricultural, or other permitted
use or uses; or be conveyed to and accepted by a nonprofit organization,
the principal purpose of which is the conservation of open space or
resource protection; or be conveyed to and accepted by a corporation
or trust owned or to be owned by the owners of lots or units within
the development or owners of shares within a cooperative development.
If such a corporation or trust is used, ownership shall pass with
conveyances of the lots or units; or remain in private (noncommon)
ownership if the use is limited to agriculture, habitat or forestry.
In accordance with the Comprehensive Plan and this Zoning Ordinance,
it is determined that private ownership may be necessary for the preservation
and management of the agriculture, habitat or forest resources. In
such cases, the Planning Board, as part of its review of a conservation
development, shall make positive findings as part of the record, setting
forth the basis for such ownership.
(4)
The Planning Board may limit or restrict the
amount of open space that may remain in private ownership where necessary
to contribute to a connecting greenway system or to provide public
access to open space, as provided in the Comprehensive Plan.
(5)
In any case where the land is not conveyed to
the Town, a restriction, in perpetuity, enforceable by the Town and
by any owner of property in the land development project in which
the land is located shall be recorded providing that the land shall
be kept in the authorized condition(s) and not be built upon or developed.
(6)
All open space land provided by a conservation
development or other land development project shall be subject to
a community-approved management plan that will specify the permitted
uses for the open space.
(7)
All open space, regardless of whether it is
conveyed to the Town, shall be protected against further development
and unauthorized alteration in perpetuity by appropriate deed restrictions,
and by the grant of a conservation or preservation restriction pursuant
to Title 34, Chapter 39, of the Rhode Island General Laws, as amended,
to at least three separate entities, one of which entities shall be
the Town, one of which shall be a nonprofit organization, the principal
purpose of which is the conservation of open space or resource protection,
and one of which shall be an association of owners of lots or units
within the development. If no such owners' association is created,
then at least two entities shall be nonprofit conservation organizations.
(8)
The perpetual maintenance of all open space
shall be guaranteed by appropriate deed restrictions and by the grant
of a conservation or preservation restriction to the Town, pursuant
to Title 34, Chapter 39, of the Rhode Island General Laws, as amended.
The Planning Board or administrative officer shall approve the form
and content of all deed restrictions at the time of final approval
of the subdivision. Every deed restriction providing a maintenance
guarantee shall contain the following provision:
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"If the owners, or their successors or assigns
fail to maintain the open space or any improvements thereon, the Town
may perform any necessary maintenance and enforce the payment for
such costs, including reasonable attorneys' fees, by an action at
law or in equity against the owners or their successors or assigns."
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