[Added 12-8-2010]
As used in this article, the following terms shall have the
meanings indicated:
A site planning technique that concentrates buildings in
specific areas on the site to allow the remaining land to be used
for recreation, common open space and/or preservation of environmentally,
historically, culturally or other sensitive features and/or structures.
The techniques used to concentrate buildings shall be specified in
the ordinance and may include, but not be limited to, reduction in
lot areas, setback requirements and/or bulk requirements, with the
resultant open land being devoted by deed restrictions for one or
more uses. Under cluster development there is no increase in the number
of lots that would be permitted under conventional development.
A lot within a conservation design development with reduced
dimensional requirements as compared to a conventional lot meeting
the requirements of this chapter.
A right to prohibit or require a limitation upon or an obligation
to perform acts on or with respect to or use of a land or water area,
whether stated in the form of a restriction, easement, covenant or
condition, in any deed, will, or other instrument executed by or on
behalf of the owner of the area or in any order of taking, which right,
limitation, or obligation is appropriate to retain or maintain the
land or water area, or is appropriate to provide the public the benefit
of the unique features of the land or water area, including improvements
thereon predominantly in its natural, scenic, or open condition, or
in agricultural, farming, open space, wildlife or forest use, or in
other use or condition consistent with the protection of environmental
quality.
A minimum ten-acre lot created as part of a conservation
design development, primarily used for a private residence, with a
secondary use contributing towards one or more purposes of conservation
design development. (An applicant may wish to include a minimum 11
acres for a homestead lot so that it may qualify for the farm, forest
and open space tax program.)
See R.I.G.L. § 45-24-31.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Conservation design development is a type of residential cluster
land development project, as authorized by R.I.G.L. § 45-24-47,
which preserves at least 50% of the suitable land of a property as
meaningful open space, while guiding the development to the most appropriate
areas within the parcel on reduced-size lots such that density remains
neutral. It is an alternative to conventional residential subdivision
for the following purposes:
A.
To preserve the rural character of the Town by preserving the character-defining
features, scenic views, environmentally sensitive features, and the
natural and cultural resources within the site, and by minimizing
the views of new development from existing streets.
B.
To provide for the preservation and promotion of agricultural production,
and forest and timber resource production.
C.
To provide opportunities for both active and passive recreational
facilities to service various neighborhoods in the Town.
D.
To provide public access to and/or to provide for the conservation
and stewardship of noteworthy natural, cultural and recreational resources
within the Town in furtherance of the above three goals.
E.
To provide a means for the Town to develop an interconnected network
of greenway corridors, and to link together and add to already protected
open space and public land.
F.
To provide for greater design flexibility in the siting of dwellings
and other development features than would be permitted by the application
of conventional subdivision regulations in order to minimize the disturbance
of rural landscape elements, scenic quality and overall natural and
cultural values of the landscape.
G.
To reduce road and utility lengths and minimize the need for stormwater
infrastructure in order to reduce disturbance to the environment and
to reduce construction and maintenance costs.
H.
To reduce erosion and sedimentation by retaining existing vegetation
and minimizing the total area of disturbance on the site compared
to a conventional residential development.
I.
To promote a balance of housing choices, for all income levels and
groups, to assure the health, safety and welfare of all citizens and
their right to affordable, accessible, safe and sanitary housing.
J.
To provide for orderly growth and development which recognizes the
natural characteristics of the land, including its suitability for
use based on soil characteristics, topography and susceptibility to
surface water or groundwater pollution; and which recognizes the value
of unique or valuable natural resources and features.
K.
To implement many goals and policies as recommended in the Town of
West Greenwich Comprehensive Plan.
A.
The Planning Board shall have the sole authority to determine whether
a major or minor subdivision or land development shall be developed
as a conservation design development or as a conventional development.
The Planning Board shall make findings of fact in writing supporting
the requirements, based on the value of the site features and the
benefits to the community in furtherance of the purposes of conservation
design development. The Planning Board shall notify the applicant
of such no later than the master plan review stage for a major application
and no later than the preliminary review stage for a minor application.
B.
The Planning Board shall have the authority to review and approve
conservation design developments in accordance with the dimensional
requirements set forth in this article.
C.
The Planning Board shall have the authority to determine if a conservation
design development should consist of a combination of cluster lots
and homestead lots.
D.
All lots created as part of a conservation design development, including
homestead lots and open space, shall be subject to a restriction of
no further subdivision.
A.
The following uses are permitted on residential cluster lots within
a conservation design development; all other uses are prohibited on
residential cluster lots within a conservation design development:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
The following uses are permitted on conservation land within a conservation
design development; all other uses shall be prohibited within the
conservation land:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
Conservation of open land in its natural state (requires an
open space management plan);
(2)
Agriculture - 10 (requires a farmland conservation easement);
including field crops - 101; fruit, tree, nut and vegetable farms
- 102; livestock farms, except piggeries - 103; general farms - 104;
and noncommercial farms - 105. Sale of crops and related products
produced on the farm is allowed on site.
(3)
Agricultural services, hunting and trapping - 11; limited to:
agricultural services - 111 by SUP; animal husbandry - 112; horticultural
services - 113; and hunting and trapping services - 114 by SUP.
(4)
Forestry - 12 (requires a forest management plan); including
timber tracts - 121; forest nurseries and tree seed gathering and
extracting - 122; and forestry services - 123 by SUP.
(5)
Outdoor public recreation, limited to: playgrounds, play fields
and tot lots - 801; major parks (greater than five acres) - 802; minor
parks (less than five acres) - 803; and golf courses - 806 by SUP
(Golf courses may include practice driving areas and practice putting
greens, but shall not include standalone driving ranges or miniature
golf. Golf courses may constitute up to half of the minimum required
open space land. Their parking areas and any associated structures
shall not be included within the 50% minimum open space requirements,
and their parking and accessways may be paved and lighted.) Outdoor
public recreation also includes neighborhood open space uses such
as village greens, commons, picnic areas, community gardens, trail
and similar low-impact passive recreational uses, specifically excluding
motorized off-road vehicles, rifle ranges and other uses similar in
character and potential impact as determined by the Board. Outdoor
public recreation also include active noncommercial recreation areas,
such as play fields, playgrounds, courts and bikeways, provided such
areas do not consume more than half of the minimum required open space
land or five acres, whichever is less. Playing fields, playgrounds
and courts shall not be located within 100 feet of abutting property
lines. Parking facilities for the same shall also be permitted, and
they shall generally be gravel-surfaced, unlighted, and properly drained;
provide safe ingress and egress; and contain no more than 10 parking
spaces.
(6)
Outdoor public water-based recreation - 81, limited to: boating
area - 811; bathing beaches - 812; and fishing sites - 813.
(7)
Outdoor private land recreation, limited to: riding academies
- 834 by SUP (Equestrian facilities may not consume more than 3/4
of the minimum required open space land.), and golf courses - 838
by SUP (Golf courses may include practice driving areas and practice
putting greens, but shall not include standalone driving ranges or
miniature golf. Golf courses may constitute up to half of the minimum
required open space land. Their parking areas and any associated structures
shall not be included within the 50% minimum open space requirement,
and their parking and accessways may be paved and lighted.)
(8)
Easements for drainage, access, sewer or water lines or other
public purposes.
(9)
Aboveground utility right-of-way. Aboveground utility and street
right-of-way may traverse conservation areas but shall not count toward
the minimum required open space land.
C.
The following uses are permitted on homestead lots within a conservation
design development; all other uses are prohibited on a homestead lot
within a conservation design development:
(1)
Single-family residential - 001.
(2)
In-law apartments - 007 (by special use permit).
(3)
Customary home occupations - 008 (including taxidermy - 115
by SUP).
(4)
Community residence - 009.
(5)
Family day-care homes - 010.
A.
Conservation design development provides for two lot size options,
for specific purposes. The Planning Board may require the two lot
sizes to be combined within the development if it finds that such
a combination would better fulfill the purposes of conservation design
development as stated in this chapter than either of the two single-lot-size
options.
(1)
The Conservation cluster option provides for residential uses
at the density permitted by the existing zoning, with a minimum lot
size of one acre. Open space and conservation lands consist of a minimum
of 50% of the suitable land plus 100% of the land unsuitable for development.
House lots are clustered on the most suitable areas for development
in order to preserve the environmentally and culturally sensitive
features, and to create neighborhoods where each home enjoys the benefits
of access and views to the open space. Public access to the open space
may be required.
(2)
The homestead lot option provides for lower density than the
existing zoning, with larger, privately owned lots of a minimum of
10 acres of suitable land, in order to maintain a rural setting and
private use and management of the land. There is no minimum requirement
for commonly owned or publicly owned open space, or public access,
unless otherwise required by the Planning Board, or unless the development
contains a combination of conservation cluster lots and homestead
lots. Further subdivision of homestead lots shall be prohibited.
B.
Conservation design developments provide for two lot configuration
options: frontage lots and interior building lots (also known as "flag
lots"). Frontage lots contain full frontage dimensional requirements
along the public street. Interior building lots have reduced frontage
for the driveway access at the public street, and the building envelope
portion of the lot is situated behind a frontage lot. Frontage for
interior building lots shall be in accordance with the following table,
and all other dimensional requirements shall be met. The front yard
setback for an interior lot shall be measured parallel to the rear
yard setbacks of all the abutting frontage lots.
C.
Dimensional requirements.
|
Conservation Cluster Lots
|
Homestead Lot Option
|
Combination Conservation Cluster Lots with Homestead Lot
Option
| |||
|---|---|---|---|---|---|
|
Minimum amount of open space (suitable land)
|
50% of the suitable land plus 100% of all the land deemed unsuitable
for development
|
Not required
|
50% of the suitable land (A portion of the suitable land on
each homestead lot may contribute towards the required open space,
excluding a two-acre house site of suitable land per lot. A conservation
easement is required.)
| ||
|
Density (maximum)
|
2 acres of suitable land per dwelling unit
|
10 acres of suitable land per dwelling unit
|
2 acres of suitable land per dwelling unit
| ||
|
Minimum lot size
|
1 acre (43,560 square feet)
|
10 acres
|
As dictated by lot type
| ||
|
Frontage (minimum)
|
100 feet for frontage lots; 50 feet for interior lots; 30 feet
for access to open space
|
100 feet
|
100 feet for frontage lots; 50 feet for interior lots; 30 feet
for access to open space
| ||
|
Minimum setbacks
| |||||
|
Front yard
|
50 feet
|
150 feet from existing Town road, 40 feet from new subdivision
street, country lane, or common driveway
|
As dictated by lot type
| ||
|
Side yard
|
15 feet
|
25 feet; 10 feet for accessory buildings under 500 square feet
of floor area
|
As dictated by lot type
| ||
|
Rear yard
|
50 feet
|
50 feet for principal buildings; 10 feet for accessory buildings
under 500 square feet of floor area
|
As dictated by lot type
| ||
|
Perimeter of site
|
75 feet of no-cut buffer
|
N/A
|
75 feet of no-cut buffer
| ||
|
External road right-of-way
|
200 feet
|
150 feet
|
As dictated by lot type
| ||
|
From abutting cropland or pasture
|
100 feet
|
N/A
|
As dictated by lot type
| ||
|
From buildings or barnyards housing livestock
|
300 feet
|
N/A
|
As dictated by lot type
| ||
|
From active recreation areas, (excluding tot-lots)
|
150 feet
|
N/A
|
As dictated by lot type
| ||
|
Minimum lot width (measured from front yard setback to rear
property line)
|
100 feet
|
100 feet
|
As dictated by lot type
| ||
|
Maximum lot depth-to-width ratio
|
5:1
|
5:1
|
5:1
| ||
|
Minimum suitable land per lot (contiguous)
|
1 acre
|
5 acres
|
As dictated by lot type
| ||
|
Maximum impervious surface per lot
|
25%
|
5%
|
As dictated by lot type
| ||
|
Maximum building height
|
35 feet
|
40 feet
|
As dictated by lot type
| ||
D.
Dimensional requirements for open space land. 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 that is not a homestead lot, provided that they
occupy no more than 15% of the total open space area, with the exception
of golf courses as otherwise restricted.
|
Minimum Street Frontage
|
Maximum Lot Coverage Impervious Surface
|
Minimum Front Yard Setback
|
Minimum Side Yard Setback
|
Minimum Rear Yard Setback
|
Maximum Building Height
|
|---|---|---|---|---|---|
|
30 feet
|
15%
|
50 feet
|
25 feet
|
50 feet
|
40 feet
|
Applications for a conservation design development shall be made in accordance with the procedures for review and approval of a minor or major subdivision or land development project, as provided in Chapter 450, Land Development and Subdivision Regulations, and as authorized by R.I.G.L. § 45-23-49. Additional requirements, design standards, and submission checklists are contained within the Land Development and Subdivision Regulations.
A.
Further subdivision of all house lots and common open space created
as part of a conservation design development, including homestead
lots, shall be prohibited.
B.
The required open space shall be restricted in perpetuity from future
development, except in accordance with an approved open space management
plan.
C.
Changes in the use of the open space shall be in accordance with
those uses allowable within the open space in a conservation design
development, as governed by this chapter, and shall be approved by
the Planning Board as an amendment to the plan.
D.
No disturbance shall be made to the natural contours of the land
nor shall any existing natural vegetation be removed or any natural
or man-made features altered in any way. Clearing and excavation of
open space areas shall be permitted only for the installation of stormwater
drainage facilities, or for permitted disturbance associated with
implementing an approved open space management plan.
E.
Open space land shall not be eligible for transfer to another party except for transfer to another method of ownership permitted under § 400-195 below.
F.
A conservation restriction in the form of a conservation easement
is required for all open space, whether privately, publicly, or commonly
owned, and regardless of any other conservation easement, and shall
incorporate the following requirements:
(1)
All open space shall be protected against further development
and unauthorized alteration in perpetuity by appropriate deed restrictions
through the grant of a conservation restriction to the Town of West
Greenwich, the West Greenwich Land Trust, or other nonprofit conservation
group, pursuant to Title 34, Chapter 39 of the Rhode Island General
Laws, as amended.
(2)
In addition, the perpetual maintenance of all open space shall
be guaranteed by appropriate deed restrictions. The Planning Board
(legal counsel) shall approve the form and content of all deed restrictions
at the time of final approval of the subdivision. Every deed restriction
providing a perpetual maintenance guarantee shall contain the following
provision:
|
"If the owners, or their successors or assigns, fail to maintain
the open space, the restriction holder may perform any necessary maintenance
and enforce the payment for such costs, including reasonable attorney's
fees, by an action at law or in equity against the owners or their
successors or assigns."
|
(3)
The permanent conservation restriction shall be duly recorded in the Land Evidence Records, and shall define the range of permitted activities, as approved by the Planning Board, and include all restrictions as noted in this § 400-194.
(4)
In the event that the Town of West Greenwich is the proposed
owner of the open space, the conservation restriction shall be held
by both the Town and either the West Greenwich Land Trust or other
nonprofit conservation organization.
A.
Conservation land within a conservation design development subdivision
shall be doubly protected through fee simple ownership and a conservation
restriction, at the discretion of the Planning Board. The Planning
Board may require two or more conservation easement holders, which
may include a homeowners' association, or any governmental body, or
a charitable corporation, association, trust, or other entity whose
purposes include conservation of land or water areas or of a particular
area. Open space land shall not be transferred to another entity except
for transfer to another method of ownership permitted under this section.
B.
Methods of ownership. Open space shall be owned in fee simple by
any one or more of the following entities, as further described below:
1) homeowners' association; 2) Town of West Greenwich; 3) a land trust
or other nonprofit conservation or recreation group; 4) individual
owners of homestead lots, or other private individual who will use
the land for open space purposes as provided by a conservation easement
and conservation restriction; 5) condominium association.
(1)
Homeowners' association. Open space and related facilities may
be held in common ownership (as undivided proportionate interests)
by (the members of) a homeowners' association, subject to all of the
provisions for homeowners' associations set forth in state regulations
and statutes. In addition, the following regulations shall be met:
(a)
The applicant shall provide the Town with a description of the
organization of the proposed association, including its bylaws guaranteeing
continuing maintenance of the open space and other common facilities,
and all documents governing ownership, transfer of ownership, maintenance,
and use restrictions for the open space, for review and approval by
the Town as part of the preliminary plan. The Homeowners' association
agreement shall be recorded with the final plan. The homeowners' association
bylaws or the declaration of covenants, conditions, and restrictions
of the homeowners' association shall contain the following information:
[1]
The legal description of the common land and a survey map.
[2]
A description of common facilities;
[3]
The restrictions placed upon the use and enjoyment of the lands
or facilities;
[4]
Persons or entities entitled to enforce the restrictions;
[5]
A mechanism to assess and enforce the common expenses for the
land or facilities, including upkeep and maintenance expenses, real
estate taxes, and insurance premiums;
[6]
A mechanism for resolving disputes among the owners or association
members;
[7]
The conditions and timing of the transfer of ownership and control
of land facilities to the association;
[8]
Provisions for proper reverter or retransfer in the event that
the association becomes unwilling or unable to continue carrying out
its functions;
[9]
Any other matter the developer deems appropriate.
(b)
The proposed association shall be established by the owner or
applicant and shall be operating before the sale of any lots or homes
within the development.
(c)
Membership in the association shall be mandatory and automatic
for all purchasers of house lots therein and their successors in title.
(d)
The association shall be responsible for maintenance and insurance
of common open space and facilities. The members of the organization
shall share equally the costs of maintaining and developing the open
space, in accordance with the procedures established by them.
(e)
The association shall be responsible for payment of all property
taxes on any common facilities and open space, if applicable.
(f)
The bylaws shall confer legal authority on the association to
place a lien on the real property of any member who falls delinquent
in dues. Such dues shall be paid with the accrued interest before
the lien may be lifted.
(g)
Written notice of any proposed transfer of common open space
or facilities by the association or the assumption of maintenance
for common facilities by another entity must be given to all members
of the association and to the Town of West Greenwich and all easement
holders no less than 30 days prior to such event.
(h)
The association shall have adequate staff to administer, maintain,
and operate such common facilities.
(2)
Dedication to the Town of West Greenwich. The Town of West Greenwich
may, but shall not be required to, accept the dedication of fee simple
title to any portion of the open space, provided that:
(3)
Nonprofit conservation organization. With permission of the
Town, an owner may transfer fee simple title of the open space to
a private nonprofit conservation organization, provided that:
(a)
The conservation organization is acceptable to the Town and
is a bona fide conservation organization intended to exist indefinitely.
(b)
The conveyance contains appropriate provisions for proper reverter
or retransfers in the event that the organization becomes unwilling
or unable to continue carrying out its functions and responsibilities.
(c)
A maintenance agreement acceptable to the Town is established
between the owner and the organization.
(4)
Non-common private ownership/individual ownership. A private
owner may own the open space land, provided that the following requirements
are met:
(a)
The use of the land is within the purposes of the conservation
development.
(b)
There shall be restrictions that the land shall not be further
subdivided or developed, except in accordance with a Town-approved
management plan for the intended use of the open space.
(c)
The required open space land may be included within one or more
large "homestead" lots, as provided by this chapter.
(d)
The Planning Board may also require a conservation easement
to ensure the use of the property in conformance with an approved
open space management plan.
(5)
Condominium association. Common open space and facilities may
be controlled through the use of condominium agreements. Such agreements
shall be in accordance with relevant state and federal law, and shall
be approved as to form by the Town Solicitor. All open space and common
facilities shall be held as "common elements" in accordance with the
condominium documents. An association of unit owners shall be formed
to govern the affairs of the condominium and membership shall be mandatory.
All additional requirements pertaining to a homeowners' association,
as noted above, shall also apply to a condominium association.
C.
A conservation easement shall also be held by the Town of West Greenwich,
the West Greenwich Land Trust, or other nonprofit conservation group,
as follows:
(1)
Dedication of conservation easements to the Town. The Town of
West Greenwich may, but shall not be required to, accept easements
for any portion of the open space land. In such cases, the open space
remains in the ownership of the homeowners' association, land trust,
private conservation organization, private individual, or condominium
association, while the easements are held by the Town. In addition,
the following regulations shall apply:
(2)
Conservation easement to a land trust or other nonprofit conservation
organization. With permission of the Town, an owner may convey easements
on any portion of the open space to the West Greenwich Land Trust,
or to a nonprofit conservation organization, provided that:
(a)
The conservation organization is acceptable to the Town and
is a bona fide conservation organization intended to exist indefinitely.
(b)
The conveyance contains appropriate provisions for proper reverter
or retransfers in the event that the organization becomes unwilling
or unable to continue carrying out its functions and responsibilities.
(c)
A maintenance agreement acceptable to the Town is established
between the owner and the organization.
The reduced infrastructure requirements and reduced costs inherent
to conservation design developments are hereby provided as a local
municipal subsidy to encourage the creation of housing affordable
to low- and moderate-income residents. Conservation design development
applications shall be subject to the mandatory inclusionary zoning
provision.
