The purposes of this article are to:
A. Conserve open land by setting aside from development those areas
containing unique and sensitive natural features, including woodlands,
steep slopes, streams, floodplains, wetlands, reservoirs and their
drainage areas, and agricultural lands.
B. Preserve historical, agricultural and archaeological resources.
C. Provide greater design flexibility and efficiency in the siting of
services and infrastructure, including the opportunity to reduce street
length, utility runs and paving areas required for residential development.
D. Provide diverse lot sizes and layouts.
E. Provide housing choices for various age and income groups and residential
preferences to maintain population diversity in the community.
F. Implement municipal policies to conserve various irreplaceable and
environmentally important resources as set forth in the Comprehensive
Plan.
G. Provide reasonable incentives to create greenways within the Town
as set forth in the Comprehensive Plan.
H. Implement land use, housing, environmental and open space policies
as set forth in the Comprehensive Plan.
I. Protect areas with productive agricultural soils for 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, amenities in the form of neighborhood open space, and strong
neighborhood identities.
K. Provide for the maintenance of open land set aside for active or
passive recreational use, stormwater drainage and/or conservation.
L. Conserve and create scenic views and preserve the semirural, small-town
character of the Town.
M. Provide buffers between new developments and existing neighborhoods,
delicate natural features and habitats.
N. Encourage low-impact development (LID) techniques to control and
reduce stormwater impacts.
The maximum number of dwelling units permitted in a conservation development shall not exceed the number of single-family lots (or dwellings) which reasonably could be expected to be developed on the conservation development site under a conventional yield plan as defined in §
340-4 herein, and as further described in Section III.J.8 (Basic Maximum Number of Dwelling Units) of the Subdivision Regulations. All provisions of these Subdivision Regulations, Section III, Article A.2, regarding lands with slopes and lands with wetlands shall apply.
The dimensional regulations provided in Table 1 shall apply
to each lot in a conservation development. No variance shall be granted
for dimensions to a conservation development. If variances are required,
the project shall be completed as a conventional subdivision.
Table 1
Dimensional Requirements for Buildable Lots
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Infra- structure: water supply and sewage disposal
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Minimum dwelling lot size
|
|
Maximum Building Height
(feet)
|
Minimum Yard Size
(feet)
|
Accessory Buildings
(feet)
|
|
Area
(square feet)
|
Front- age Width
(feet)
|
Maximum % Imper- vious Surface
|
Principal
|
Accessory
|
Front
|
Crn. Side
|
Side
|
Rear
|
Side
|
Rear
|
Single-family, R-40 Zoning District
|
Public water and public sewer
|
10,000
|
80
|
40%
|
35
|
20
|
25
|
22.5
|
15
|
35
|
10
|
20
|
Public water or public sewer
|
15,000
|
100
|
35%
|
35
|
20
|
25
|
25
|
20
|
35
|
15
|
20
|
On-site well and OWTS
|
20,000
|
120
|
25%
|
35
|
20
|
30
|
30
|
25
|
50
|
20
|
25
|
Single-family, R-20 Zoning District
|
Public water and public sewer
|
10,000
|
80
|
40%
|
35
|
20
|
25
|
22.5
|
15
|
35
|
10
|
20
|
Public water or public sewer
|
15,000
|
100
|
35%
|
35
|
20
|
25
|
25
|
20
|
35
|
15
|
20
|
Single-family, R-15 Zoning District
|
Public water and public sewer
|
7,500
|
70
|
40%
|
35
|
20
|
25
|
22.5
|
15
|
35
|
10
|
20
|
Duplex, R-15 Zoning District
|
Public water and public sewer
|
10,000
|
80
|
40%
|
35
|
20
|
30
|
22.5
|
15
|
35
|
10
|
20
|
Every conservation development shall provide protected open
space in accordance with the following requirements and standards:
A. 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.
B. 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 Table 2 below. None of the minimum required open space area shall be devoted to land unsuitable for development as defined in §
340-149.
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Table 2
Open Space Requirements
(minimum percentage of total land area*)
|
---|
|
Zoning District
|
Infrastructure
(water and sewage)
|
Minimum Total Land Area
(acres)
|
Minimum Percentage of Total Land Area Suitable for Development
|
---|
|
R-40
|
On-site well and OWTS
|
|
50%
|
|
|
Public water or public sewer
|
20
|
60%
|
|
|
Public sewer and public water
|
|
70%
|
|
R-20
|
Public sewer and public water
|
6
|
50%
|
|
|
Public water or public sewer
|
|
25%
|
|
R-15
|
Public sewer and public water
|
Single-family
|
5
|
50%
|
|
|
|
Duplex
|
|
30%
|
|
NOTE:
|
---|
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*Land area suitable for development.
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C. Ownership of open space.
(1)
Ownership of open space provided by a conservation development
for public or common use shall be subject to approval by the Planning
Board and Legal Department review and approval and either:
(a)
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;
(b)
Remain in private (noncommon) ownership if the use is limited
to agriculture, habitat or forestry. In accordance with the Comprehensive
Plan and this chapter, 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;
(c)
Be conveyed to and accepted by a nonprofit organization, the
principal purpose of which is the conservation of open space or resource
protection; or
(d)
Be conveyed to and accepted by the Town for park, open space,
agricultural, or other permitted use or uses; Town Council approval
shall be required for any conveyance to the Town, upon recommendation
of the Planning Board.
(2)
The open space land in a conservation development may be owned
by the Town of Johnston Municipal Land Trust or the Providence Water
Supply Board (PWSB), upon approval of the Planning Board. Town Council
approval shall be required for any conveyance to the Municipal Land
Trust.
D. 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.
E. In any case where the land is not conveyed to the Town, a conservation
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 be kept in the authorized
condition(s) and not be built upon or developed.
F. All open space land provided by a conservation development or other
land development project shall be subject to a management plan approved
by the Planning Board that specifies the permitted uses for the open
space.
G. 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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H. In addition to the conservation restriction granted to the Town in Subsection
G above, the development rights and other conservation easements on the open space land shall be held in perpetuity by at least one entity other than the Town, which entity shall be a nonprofit organization, the principal purpose of which is the conservation of open space or resource protection.
I. The ownership of open space land and the granting of all conservation
and preservation restrictions on such land shall be approved by the
Planning Board. Prior to their decision, the Planning Board shall
request an advisory opinion from the Town Solicitor and the Technical
Review Committee, if constituted.
J. Open space land shall be prohibited from further subdivision or redevelopment/reuse.
If Town-owned, land shall not be developed for a municipal purpose
other than open space and/or passive recreation (excluding any and
all forms of hunting).