[Amended 7-14-1997 by Ord. No. 999; 4-9-2007 by Ord. No.
2006-6]
For the purpose of this chapter, the Town of
Johnston is divided into the following zoning districts:
A.
Residence R-40 District. This district covers a large
portion of the Town into which urban-type development should logically
expand as the need arises. This district is characterized by a commingling
of open land interspersed with residential uses.
B.
Residence R-20 District. This district is composed
of certain quiet, medium-low-density residential areas of the Town
plus certain open areas where similar residential development appears
likely to occur.
C.
Residence R-15 District. This district is composed
of certain medium-density residential areas where similar development
appears desirable.
D.
Residence R-10 District. This district is composed
of certain medium-high-density residential areas that are served by
both public water and public sewers.
E.
Residence R-7 District. This district is composed
of certain high-density areas that are served by both public water
and public sewers.
F.
Neighborhood Business B-l District. This district
is composed of certain land and structures used primarily to provide
for the retailing of commodities classified by merchants as "convenience
goods," such as groceries and drugs, and the furnishing of selected
personal services.
G.
General Business B-2 District. This district is composed
of certain land and structures to provide for the retailing of commodities
and the furnishing of services which depend upon a great volume of
vehicular and pedestrian traffic.
H.
Interchange Business B-3 District. This district is
composed of large-scale, mixed-use development of a regional scale
which may contain high-density residential, retail/commercial, office,
light manufacturing projects and distribution facilities. The district
is located at the highway interchanges within the Town.
[Amended 9-10-2018 by Ord. No. 2018-15]
I.
Industrial I District. This district is composed of
certain land so situated as to be suitable for industrial development.
The purpose of this district is to permit the normal operation of
a large number of industries, subject only to those regulations needed
to control congestion and to protect nearby residential and business
districts.
J.
Industrial I-S District. This district is composed
of certain land and uses which due to the peculiar nature of their
activities require locations remote from classes of land use or require
additional safeguards.
K.
Industrial I-L District. This district is composed
of certain land so situated as to be suitable for light industrial
development. The purpose of this district is to permit the operation
of a limited number of industrial uses and heavy business uses that
will be compatible with nearby residential and business districts.
L.
Planned District (PD). This district is intended to be established from time to time to fit the general pattern of land use established by this chapter for the development of the Town and to further the purposes set forth in § 340-2. Planned Districts are established to encourage development of harmonious, efficient and convenient neighborhoods and business developments by promoting variety in land use, residential density and site design through clustering of buildings and the preservation of unique natural features of the site.
[Amended 2-17-2011 by Ord. No. 2010-27]
M.
Planned Mixed-Use Development District (PMUD). This district is a subcategory of a Planned District. As set forth in § 340-93, a PMUD must have access to all major utilities, including municipal water and sewer service, and not be located adjacent to an R-40 or lower-density residential zone. In addition, a PMUD must be located adjacent to an existing business zone.
[Amended 2-17-2011 by Ord. No. 2010-27]
N.
Continuing
Care Retirement Community (CCRC). This district is a subcategory of
a Planned District with a mix of retirement care uses that may include
assisted, independent and intergenerational living with supportive
services that may include skilled nursing and rehabilitative care,
home health care, adult day care and personalized assistance designed
to respond to the individual needs of those who need help with activities
of daily living.
[Added 2-17-2011 by Ord. No. 2010-27]
[Amended 4-9-2007 by Ord. No. 2006-6]
The boundaries of the above zoning districts
are hereby established as shown on the map filed in the office of
the Town Clerk, entitled "Johnston Zoning Map," which Zoning Map is
hereby adopted and made part of this chapter. The map entitled "Plat
Index Zoning Map, Town of Johnston, Rhode Island," filed at the office
of the Town Clerk, is intended as an index to the boundaries of the
zoning districts established by the aforesaid plats but is intended
to be used as a reference only and is not made part of this chapter.
[Amended 4-9-2007 by Ord. No. 2006-6]
Where uncertainty exists as to the boundaries
of districts as shown on the Zoning Map, the following rules shall
apply:
A.
Boundaries indicated as approximately following the
center lines of a highway, street, alley, railroad, watercourse or
body of water shall be construed to be center line, or middle thereof,
or where such boundaries indicated as approximately following Town
limits shall be construed as following such Town limits.
B.
Boundaries indicated as approximately following platted
lot lines shall be construed as following such lot lines.
C.
Where a district boundary line divides a lot which
was in single ownership at the time of passage of this chapter, the
Zoning Board may permit, as a special use permit, the extension of
the regulations for either portion of the lot not to exceed 30 feet
beyond the district line into the remainder of the lot.
D.
Boundaries indicated as following shorelines shall
be construed to follow such shorelines "at the mean high waterline"
and in event of change in the shoreline shall be construed as moving
with the actual shoreline.
E.
Boundaries indicated as parallel to or extensions
of features indicated in the above subsections shall be so construed.
Distances not specifically indicated on the Zoning Map shall be determined
by the scale of the map.
F.
Where physical or cultural features existing on the
ground are at variance with those shown on the Zoning Map, or in other
circumstances not covered by the above subsections, the Zoning Board
shall interpret the district boundaries.
[Amended 4-8-1996 by Ord. No. 968; 6-9-1997 by Ord. No.
1004; 7-14-1998 by Ord. No. 1039; 5-24-1999 by Ord. No. 1082; 4-9-2007 by Ord. No. 2006-6]
The Table of Use Regulations is located at the
end of this chapter and is fully incorporated herein by reference.
The status of the uses listed in the Table of Use Regulations is indicated
by a letter appearing in the appropriate column headings. The interpretation
of these letters shall be as follows:
P
|
=
|
The use is permitted in the designated zoning
district.
|
---|---|---|
S
|
=
|
The use is permitted only as a special use in the designated zoning district. Such special use may be granted by the Zoning Board under the standards and procedures outlined in § 340-75 and elsewhere in this chapter.
|
N
|
=
|
The use is not permitted in the designated zoning
district.
|
[Added 6-14-2004 by Ord. No. 2004-9]
The Table of Dimensional Regulations is located
at the end of this chapter and is fully incorporated herein by reference.
[Added 11-9-2009 by Ord. No. 2009-17]
A.
Purpose.
(1)
The Redevelopment Overlay District (ROD) regulations are established
in order to encourage and accommodate planned commercial development
when it is compatible with surrounding uses and on land that could
be suitably used as regulated by the underlying zone.
(2)
In order to provide for an area of this type of development,
a Redevelopment Overlay District has been created. The purpose of
the Redevelopment Overlay District (ROD) is to provide areas for economic
development in the Town of Johnston that are well designed and to
provide for a variety of uses.
B.
Intent. The ROD is intended to provide for a diversity of compatible
land uses and development densities in suitable locations throughout
the Town of Johnston. The district may include a mixture of office,
retail, hotel, recreational, open space, and other uses as described
below.
C.
Conformity to Comprehensive Plan. All development within the Redevelopment
Overlay District (ROD) shall conform to the goals, policies and guidelines
as set forth in the Town of Johnston Comprehensive Community Plan.
In order to demonstrate such conformity, the applicant shall be required
to submit a description of all proposed development to the Planning
Board. This description shall be a statement, in text, maps, illustrations
or other media of communication that is designed to provide a basis
for rational decision making regarding the long-term physical development
of the Redevelopment Overlay District.
D.
Applicability. Provisions of this section shall apply only to property
located in the zoning district entitled "Redevelopment Overlay District,"
or ROD, as shown on the Official Zoning Map.
E.
Procedure for approval.
(1)
For new uses on undeveloped land, development within the ROD
shall be reviewed and approved by the Johnston Planning Board as a
major land development project. In order to expedite the review and
approval of major land development projects within the district, the
Johnston Planning Board may combine the stages of review as provided
in the Subdivision and Land Development Review Regulations.
(2)
Existing conforming uses seeking approval for significant expansion
shall be reviewed as new uses. Existing nonconforming uses within
the district may be continued.
F.
Permitted uses. All uses listed below in Table 1, Permitted Uses,
shall be permitted in the ROD. The Johnston Planning Board shall determine,
at the time of review for approval of, or amendment to, a previously
approved land development project within the ROD, that the proposed
use is consistent with the Comprehensive Community Plan; provided,
however, that the Johnston Planning Board may not approve any use
unless listed in Table 1. Changes in use of land or buildings or any
combination thereof to an approved land development project shall
be reviewed by the Administrative Officer as provided in the Subdivision
and Land Development Review Regulations.
Table 1 Permitted Uses
| ||
---|---|---|
Classification
(as per Section D)
|
Use Description
| |
Subsection 1 Agricultural uses.
| ||
7.
|
Commercial greenhouse or nursery
| |
Subsection 2 Residential uses.
| ||
8.
|
Motel, hotel or tourist court
| |
Subsection 4 Public and semipublic uses.
| ||
2.
|
Clubs, lodges, social and community center buildings
| |
3.
|
Charitable institution
| |
4.
|
Municipal and government building
| |
6.
|
Fire or police station
| |
10.
|
Individual instruction
| |
11.
|
Day nursery, nursery school, kindergarten or other agency giving
day care to children
| |
14.
|
School conducted as a private gainful business for teaching
subjects as instrumental music, singing, and dancing
| |
15.
|
Public/semipublic office related use, with drive-through window
and/or exterior (outside) automated service center/facility as a principal
use
| |
16.
|
Public/semipublic office related use, with drive-through window
and/or exterior (outside) automated service center/facility as an
accessory use
| |
Continuing care retirement community (CCRD) (Ordinance No. 2008-13[1])
| ||
Subsection 6 Office uses.
| ||
2.
|
Professional office, real estate, insurance agency, etc.
| |
3.
|
Bank or bank building, credit union or office building
| |
5.
|
Office for wholesale or manufacturing use
| |
6.
|
Office building
| |
7.
|
Office complex for one or more tenants, veterinary clinic, medical
uses, financial institutions
| |
8.
|
Office use, with drive-through window and/or exterior (outside)
automated service center/facility as a main use
| |
9.
|
Office use, with drive-through window and/or exterior (outside)
automated service center/facility as an accessory use
| |
Subsection 7 Transportation uses.
| ||
3.
|
Commercial off-street parking facility
| |
4.
|
Motor or rail freight terminal
| |
5.
|
Bus or rail passenger terminal
| |
Subsection 8 Restaurant and entertainment.
| ||
1a.
|
Lunchroom or restaurant not including entertainment or liquor
| |
1b.
|
Lunchroom or restaurant including entertainment or liquor
| |
2.
|
Tavern or nightclub
| |
3.
|
Theater or concert hall
| |
4.
|
Indoor commercial recreation
| |
5.
|
Drive-in or car-hop restaurant
| |
9.
|
Food service/restaurant use, with drive-through window and/or
exterior (outside) automated service center/facility as a main use
| |
10.
|
Food service/restaurant use, with drive-through window and/or
exterior (outside) automated service center/facility as an accessory
use
| |
Subsection 9 Service business.
| ||
1.
|
Personal convenience service, including but not limited to the
following: barbershop, beautician, shoe repair, cleanser, laundry
pickup
| |
2.
|
Specialty services, including but not limited to the following:
printing and Photostat shop, tailor, photo studio, interior decorating
shop, catering services
| |
5.
|
Veterinary office or animal hospital
| |
6.
|
Gasoline filling station, including the temporary storage of
inoperable vehicles (no major repairs)
| |
7.
|
General automobile repair, including outdoor storage or repairable
vehicles
| |
10.
|
Vehicle rental agency
| |
11.
|
Coin-operated car wash
| |
12.
|
Coin-operated laundromat or dry-cleaning shop
| |
14.
|
Service business use, with drive-through window and/or exterior
(outside) automated service center/facility as a main use
| |
15.
|
Service business use, with drive-through window and/or exterior
(outside) automated service center/facility as an accessory use
| |
Subsection 10 Retail business.
| ||
1.
|
Grocery, bakery, drug, dairy product store, egg and poultry
store, delicatessen store, meat, fish and seafood store
| |
2.
|
Supermarket
| |
3.
|
Fruit or vegetable stand
| |
4.
|
Garden supply store, florist shop
| |
5.
|
Package liquor store
| |
6.
|
Bookstore, card shop, gifts, novelty or souvenir store, hobby
supply store, jewelry store, musical instruments and record store;
newsstand, notions store, tobacco store, toy store
| |
7.
|
General merchandise, department store, furniture and household
goods
| |
8.
|
Apparel and accessories store; dry goods store, luggage store,
sporting goods store and hardware store
| |
9.
|
Automobile accessories store; bicycle store
| |
13.
|
Used furniture
| |
14.
|
Antique sales
| |
17.
|
Retail use, with drive-through window and/or exterior (outside)
automated service center/facility as a main use
| |
18.
|
Retail use, with drive-through window and/or exterior (outside)
automated service center/facility as an accessory use
| |
Subsection 11 Wholesale business and storage.
| ||
1.
|
Wholesale business, storage and distribution of nonflammable
and nonexplosive materials within a structure
| |
4.
|
Storage of flammable or explosive material
| |
6.
|
Retail outlet for a wholesale storage of manufacturing use
| |
7.
|
Storage of heating fuels
|
[1]
Editor's Note: Ordinance No. 2008-13 was repealed 2-17-2011
by Ord. No. 2010-24.
G.
Dimensional and density standards. Developments proposing a subdivision
or existing lots of record within the ROD utilized for a singular
use shall conform to the following table:
Table 2. Dimensional and Density Standards
| |||||||
---|---|---|---|---|---|---|---|
Area Minimum
|
Width Minimum
|
Front Yard Minimum
(feet)
|
Side Yard Minimum
(feet)
|
Rear Yard Maximum
(feet)
|
Maximum Floors
|
Maximum Lot Building Coverage
| |
All uses
|
N/A
|
N/A
|
20
|
10
|
40
|
6
|
100%
|
H.
(Reserved)
I.
Circulation standards. The circulation system shall provide functional
links and shall be connected to existing and proposed external development.
The circulation system shall provide adequate traffic capacity and
promote safe and efficient mobility through the ROD.
(1)
Site access. The intent of the ROD is to limit access onto existing
public rights-of-way to strategically placed locations. In addition,
the location(s) shall be designed to effectively allow for the efficient
and same movement of vehicular traffic in and out of the ROD. The
following shall apply to new and existing uses within the ROD:
(a)
New uses. All new uses constructed after the effective date
of this section shall be provided with vehicular access to a common
internal street(s) or frontage road(s) that shall intersect with a
public right-of-way at a location(s) approved by the Johnston Planning
Board.
(b)
Expanded existing uses. In reviewing applications for expanded
existing uses having existing driveway access on an existing public
right-of-way, the Johnston Planning Board shall determine if such
access to the expanded use would be safe, attractive and otherwise
consistent with the intent and purpose of the ROD and shall make its
findings in writing. Based on these findings, the Board may permit
the expanded use(s) to utilize existing access.
(c)
Existing uses. All existing uses with direct vehicular access
to a public right-of-way shall be permitted to retain such access.
Change of existing uses to other permitted uses in the ROD or additions
or enlargements which do not involve significant expansion of a structure
shall not require new access.
(d)
Approval. All new uses and expanded existing uses must be approved
by the Johnston Fire Marshal.
J.
Parking requirements, standards, and design.
(1)
Parking requirements. The base parking requirements per use
shall be as follows:
Table 3. Parking Requirements
| ||
---|---|---|
Use
|
Minimum Parking Spaces
| |
Hotels
|
1 per room plus 5% for employees
| |
Office
|
3 per 1,000 square feet
| |
Retail/commercial
|
3 per 1,000 square feet
| |
Restaurant
|
1 per 4 seats plus 20% for employees
| |
All other uses
|
3 per 1,000 square feet
|
(2)
Shared on-site parking. As part of the approval process within
the ROD, the applicant may request reductions to minimum requirements
or alternative methods for meeting the required parking based on an
analysis of peak parking demands for the proposed uses.
(3)
Off-site parking. Separate from, or in conjunction with, shared-parking
provisions, applicants may use off-site parking to satisfy their parking
requirements in accordance with the following conditions:
(4)
Service access. When required, loading and other service areas
such as trash dumpsters shall be placed to the rear or side of buildings
in visually unobtrusive locations. Screening and landscaping shall
prevent direct views of the loading areas from adjacent properties
or from public rights-of-way. Loading areas shall be allowed in travel
lanes or parking areas so as long as the loading/unloading occurs
during nonbusiness hours.
(5)
Fire lanes. The ROD must include fire lanes, which shall be
approved by the Johnston Fire Marshal.
K.
Outdoor lighting. Streets, parking areas, pedestrian areas, and other
actively used areas within the ROD shall be provided with adequate
lighting while minimizing adverse impacts, such as glare and overhead
sky glow, on adjacent properties and public rights-of-way.
(1)
Parking lot lighting shall be provided to meet the minimum standards
developed by the Illumination Engineering Society.
(2)
Exterior lighting shall be directed downward in order to reduce
glare onto adjacent properties. Use of minimum-wattage metal halide,
color-corrected sodium light sources, or superior technology is encouraged.
Non-color-corrected low-pressure sodium and mercury vapor lights are
prohibited, except in light industrial areas where access by the public
is restricted.
L.
Landscaping and screening standards. Overall composition and location
of landscaping shall complement the scale of the development and its
surroundings. In general, larger, well-placed contiguous planting
areas shall be preferred to smaller, disconnected areas.
(1)
General screening. Where screening is required by this section,
it shall be at least three feet in height, unless otherwise specified.
Required screening shall be at least fifty-percent opaque throughout
the year. Required screening shall be satisfied by one or some combination
of:
(2)
Parking lot landscaping and screening. All parking and loading
areas fronting on collector streets or abutting a residential use
shall provide:
(3)
Parking area interior landscaping. The corners of parking lots,
"islands," and all other areas not used for parking or vehicular circulation
shall be landscaped. Vegetation can include turf grass, native grasses
or other perennial flowering plants, vines, shrubs or trees. Such
spaces may include architectural features such as benches, kiosks
or bicycle parking. In large parking lots containing more than 100
spaces, an interior landscaped area of at least 300 square feet shall
be provided for each 50 spaces or fraction thereof, containing one
canopy tree. The remainder shall be covered with turf grass, native
grasses or other perennial flowering plants, vines or shrubs.
(4)
Screening from adjacent residential uses. In reviewing any new
use proposed to be developed within the ROD adjacent to existing residential
uses, the Johnston Planning Board may require additional screening,
landscaping or buffering, including, but not limited to, the construction
of fences, walls or other architectural barriers the purpose of which
is to mitigate any adverse impacts upon adjacent residential property.
(5)
Refuse areas. All outdoor refuse storage, collection and recycling
areas shall be enclosed and solidly screened by wood or fence enclosure,
with a minimum height of six feet, and shall extend on three sides
of such an area, with a gate or door on the fourth side. The Johnston
Planning Board may modify this requirement if such area is not visible
from abutting property or streets and, in the opinion of the Board,
is not necessary in order to screen or buffer abutting property or
streets or to otherwise meet the purposes of the Johnston Comprehensive
Community Plan or this Zoning Ordinance.
M.
Signs. The Johnston Planning Board may require the submission of
a comprehensive signage plan for all uses, individual buildings or
complex of buildings and uses as part of its review. The signage plan
may include conceptual drawings and supporting information describing
the proposed signage for all major buildings and uses, including entrance
signs, directional signs, etc. The Board may approve, revise or reject
such plan as required to achieve consistency with the Comprehensive
Community Plan and the purposes of this section. Signs shall comply
with the following:
(1)
Entrance sign. The Johnston Planning Board shall limit the number
of entrance signs to roads or driveways which provide access to major
complexes of uses and buildings within the ROD, and not to individual
uses or buildings. No such entrance sign shall be permitted for individual
uses or buildings. Such entrance signs shall be not more than 1,000
square feet in sign display area per side and no more than 40 feet
in height.
(2)
Wall-mounted signs (per building side). For retail, commercial,
institutional, office and light industrial uses in the ROD there may
be one or more wall-mounted sign(s) for each building side, the total
of which does not exceed one square foot for each lineal foot of the
building frontage on which the sign is located, not to exceed 300
square feet.
(3)
Freestanding signs. In addition to permitted wall-mounted signs,
there shall also be allowed one freestanding sign for each building
not to exceed 50 square feet per side. Such freestanding signs shall
not exceed 30 feet in height above the ground. No such freestanding
sign shall be erected in such a manner as to materially impede vision
or obstruct access to or from any public or private street, sidewalk,
driveway, off-street parking or loading facility or any other access
required by this section.
(4)
Sign allowance variations. In consideration of the comprehensive
sign plan for a building or buildings, the Planning Board may increase
the size of the wall-mounted signs by reallocating, in whole or in
part, the allowable square footage of the freestanding sign to the
wall-mounted sign. Where such consideration is granted by the Johnston
Planning Board, no freestanding sign shall be permitted.
(5)
Sign revisions. Revisions to signs in an approved comprehensive
signage plan shall be reviewed by the Administrative Officer as an
amendment to an approved plan, as provided in the Subdivision and
Land Development Review Regulations.
(6)
Sign lighting. Signs within the ROD may be illuminated or indirectly
illuminated.
N.
Utilities. All proposed new uses in the ROD shall be serviced by
public sewer and water.
O.
Timing of development. The Master Development Plan documents may
contain information on the physical limits of the phases, the schedule
and sequence of public improvement installation, improvement guarantees,
and the work and completion schedules for approvals and construction
of the phases.
[Added 11-9-2009 by Ord. No. 2009-18]
The Johnston Town Council hereby adopts the "Johnston Town Center
Redevelopment and Project Plan" dated October 22, 2009, and attached
hereto and incorporated herein as "340 Attachment 1"[1] after making the following findings:
A.
The properties located in Johnston Assessor's Plat 44, lots 83, 84,
85, 86, 88, 294, 295 and 355, compose a substandard, blighted area
characterized by dilapidation, deterioration of site improvements,
obsolescence, and an inadequacy of utilities;
B.
Said area is of mixed character which may lead to further deterioration
and decline to the point where it may become detrimental to the public
health, safety, morals, and welfare of the inhabitants of the Johnston
community;
C.
Conditions of blight tend to foster the spread of these conditions
to other areas and may become a significant liability for the Town;
D.
The project area herein described would not by private enterprise
alone, and without governmental subsidy or the exercise of governmental
powers, be developed or revitalized in a manner so as to prevent,
arrest, or alleviate the spread of blight or decay;
E.
The plan will afford maximum opportunity to privately financed development
or revitalization consistent with the sound needs of the city or Town
as a whole;
F.
The financing of that portion of the project in accordance with the
plan is in the public interest;
G.
The benefits that will result from the remedying of these conditions
and redevelopment of these blighted areas, including, but not limited
to, expanding the tax base, and generating new businesses and employment
opportunities, will accrue to all of the inhabitants and property
owners of the Town of Johnston;
H.
The project will create new jobs, both construction and nonconstruction,
and provide wages and benefits and an impact on personal income taxes
to the State of Rhode Island as shown in the Tax Increment Financing
Bond Projections and Economic Impact Analysis, dated October 16, 2009,
and incorporated herein and attached hereto as "340 Attachment 2";[2] and
[2]
Editor's Note: Said analysis is on file in the office of the
Town Clerk.
I.
The Johnston Town Center Redevelopment and Project Plan is feasible,
conforms to the Town's Comprehensive Community Plan, and if carried
out, would eliminate the blighted area and replace it, through redevelopment,
with a well-planned, integrated, stable neighborhood conducive to
the public health, safety, morals, and welfare of the community.
[1]
Editor's Note: Said plan is on file in the office of the Town
Clerk.
[Added 7-13-2020 by Ord. No. 2019-23]
These regulations are established to allow the Board flexibility
in approving subdivisions on private roads or with reduced lot frontage.
A.
Purpose. Flexible design residential projects (FDRP) are:
(1)
To encourage the preservation of open space for its scenic beauty
and the appropriate use thereof;
(2)
To preserve historical and archeological resources;
(3)
To protect the natural environment and the varied landscapes
of Johnston;
(4)
To protect the value of real property;
(5)
To promote more sensitive siting of buildings and better overall
site planning;
(6)
To perpetuate the appearance of the Town's traditional New England
landscape;
(7)
To allow landowners a reasonable return on their investment
and to reward landowners with reduced infrastructure costs and density
bonuses;
(8)
To facilitate the construction and maintenance of streets, utilities,
and public services in a more economical and efficient manner; and
(9)
To offer an alternative to conventional subdivision development.
B.
Approval procedure. The Board may approve, in accordance with the regulations, a FDRP in zoning districts where allowed in § 340-8 of this chapter. Application must be made in accordance with the procedures of the regulations.
C.
Lot frontage and width, flexible provisions. The Board may grant
a waiver pursuant to the regulations to permit lot frontage and lot
width variations in all residential zones. In no case may the lot
width and lot frontage be less than 20 feet.
D.
Maximum density for FDRP. A conventional yield plan, as defined,
must be submitted as part of the waiver request. The total number
of lots permitted in FDRP shall not exceed the number of lots shown
in the conventional yield plan.
F.
Streets. Streets within an FDRP may be publicly or privately owned
and maintained. Streets shall be designed to conform with the standards
of the Town where the street is or may be ultimately intended for
dedication and acceptance by the Town, Private streets shall be adequate
for the intended use and vehicular traffic and shall be maintained
by an association of unit owners or such other means or entity as
may be approved by the Board.