[Added 10-11-2011 by Ord. No. 2011-3]
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.
A.
The Planning Board may allow a proposed land development project
or subdivision to be developed in the form of a conservation development
only in R-40, R-20 and R-15 Zoning Districts.
B.
The option of developing land in the form of a conservation development
shall be that of the applicant. The Planning Board may not require
any subdivision or land development project to be developed as a conservation
development without the written consent of the applicant.
C.
No dimensional or use variances may be granted for conservation developments.
If dimensional variances are required, the project may not proceed
as a conservation development and must be developed as a conventional
subdivision.
D.
Authority to disallow conservation development.
(1)
If an applicant requests approval of a conservation development,
the Planning Board shall have the authority to disallow a conservation
development and require a conventional form of development. In such
an instance, the Board shall require the applicant to submit alternative
plan(s) of a conventional development for the property proposed for
development as a comparison, following the requirements and procedures
for conventional developments provided in the Land Development and
Subdivision Regulations.[1] If the Board finds that the conventional subdivision alternative better meets the general purposes of the Subdivision Regulations and is not consistent with the purposes of conservation developments as set forth in § 340-140 herein, the Board may require the application to be reviewed as a conventional development.
[1]
Editor's Note: The most current regulations are on file in
the Town offices.
(2)
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 initial concept review meeting.
E.
Administrative subdivisions and subdivisions that create lots which
are not intended for future development (e.g., open space lots) shall
not be required to be developed as a conservation development.
F.
In R-15 Zoning Districts, all conservation developments shall be
provided with public water and public sewer services. Privately owned
individual or community wells, sewage treatment systems, or on-site
wastewater treatment systems (OWTS) shall not be allowed for individual
lots in a conservation development in these zoning districts.
G.
In R-20 zoning districts, all conservation developments shall be
provided with either public water or public sewer service, or both.
A.
Permitted residential uses in a conservation development are as follows:
(1)
Single-family dwelling;
(2)
Two-family duplex dwelling in R-15 Zoning Districts only;
(3)
Accessory family dwelling units are permitted in a conservation
development by special use permit only. These units do not count toward
the maximum number of dwellings allowed in a conservation development;
and
(4)
Community residences.
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)
Any use listed in the Table of Use Regulations in Subsection
1, Agricultural uses.[1] Uses marked with a "P" are permitted by right; uses marked
with an "S" are permitted by special use permit; uses marked with
an "N" are prohibited in a conservation development.
[1]
Editor's Note: Said table is included at the end of this chapter.
(2)
In all conservation developments, the uses listed below shall
be permitted by right within the open space areas:
(3)
In all zoning districts where conservation developments are
permitted, stormwater drainage areas may also be allowed in open space
areas subject to the approval of the Planning Board in accordance
with the applicable provisions of the Subdivision Regulations and
the Rhode Island Stormwater Design and Installation Manual.
(4)
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 2,000 square feet or 2% of the total open
space area of the conservation development, according to whichever
is less.
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.[1]
[1]
Editor's Note: The most current Subdivision Regulations are
on file in the Town offices.
A.
Land unsuitable for development means land which has environmental
constraints or physical constraints to development. The following
regulations shall apply to proposed future residential lots and open
space in a conservation development only. Land unsuitable for development
includes the following areas:
(1)
Land under water bodies or surface water area, as defined by
the Rhode Island Department of Environmental Management;
(2)
Freshwater wetlands, including that area of perimeter wetland
within 50 feet of the edge of any bog, marsh, swamp, or pond (also
referred to as the wetland buffer), but excluding any applicable one-hundred-foot
or two-hundred-foot riverbank wetlands, as defined by § 2-1-20
of the General Laws of Rhode Island (1987), as amended;
(3)
Existing or proposed streets or rights-of-way, public or private;
(4)
Land within any publicly or privately held easement in which
aboveground electric transmission lines greater than 69 KV, gas lines,
or Town drainage easements are existing or proposed;
(5)
Areas of steep slope in excess of 8%;
(6)
Lands located within an area of special flood hazard as defined
by the most current Flood Insurance Rate Maps and Flood Hazard Boundary
Maps prepared by the Federal Emergency Management Agency for the Town,
except where the Planning Board determines that an engineering design
for the proposed development will overcome or mitigate the constraint
without adverse environmental impact.
B.
Land unsuitable for development defined in Subsection A(1) to (6) above may be included as part of any lot in a conservation development but may not be included in the calculation of minimum lot area as provided in Table 1—Lot Dimensional Requirements in a Conservation Development incorporated herein. In addition, land unsuitable for development may be included as part of any open space area, but may not be included in the calculation of minimum required open space as provided in Table 2 below.
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.
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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.
|
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.
| ||
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:
|
"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."
|
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).
