Land development projects—Resource conservation and creative development overlay
(a) Purposes. As stated in the comprehensive plan and in conformance with the RIGL §§ 45-24-30 and 45-24-47, the purposes of this section are as follows:
(1) To conserve open land, including those areas containing unique and sensitive natural features such as woodlands, steep slopes, streams, coastal areas, flood plains and wetlands, by setting them aside from development.
(2) To provide greater design flexibility and efficiency in the siting of services and infrastructure, including the opportunity to reduce length of roads, utility runs, and the amount of paving required for residential development, and to offer an alternative to conventional subdivision development.
(3) To reduce erosion and sedimentation by the retention of existing vegetation, and the minimization of development on steep slopes.
(4) To provide for a diversity of lot sizes, building densities, and housing choices to accommodate a variety of age and income groups, and residential preferences, so that the community's population diversity may be maintained.
(5) To implement adopted municipal policies to conserve a variety of irreplaceable cultural and historical resources and environmentally sensitive resource lands as set forth in the comprehensive plan.
(6) To implement adopted land use, transportation, and community policies, as identified in the comprehensive plan.
(7) 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.
(8) To create neighborhoods with direct visual access to open land, with amenities in the form of neighborhood open space, and with a strong neighborhood identity.
(9) To provide for the conservation and maintenance of open land within Bristol to achieve the above-mentioned goals and for active or passive recreational use by residents.
(10) To provide options for landowners in order to minimize impacts on environmental resources (sensitive lands such as wetlands, floodplain, and steep slopes) and disturbance of natural or cultural features (such as mature woodlands, hedgerows and tree lines, critical wildlife habitats, historic buildings, and fieldstone walls).
(11) To provide standards reflecting the varying circumstances and interests of individual landowners, and the individual characteristics of their properties.
(12) To conserve scenic views and elements of Bristol's New England character, and to minimize perceived density, by minimizing views of new development from existing roads.
(b) Resource conservation and creative development land development project ("RCCD-LDP"). RCCD-LDPs are intended for the purpose of promoting the conservation of open space, scenic views, unique natural, cultural and historical resources and the efficient use of land in harmony with its natural features. This is accomplished by allowing reduced lot sizes and locating lots on part of the overall parcel with the remaining area to be maintained as open space. The plans and design standards for the development shall be such as to create architecture and landscaping which are attractive and outstanding, and are in harmony with the open space. These developments may include limited commercial uses to serve the residents of the land development project and reduce the need for automobile travel.
(c) Zones where required and optional.
(1) Required. The following development options are required:
a. In the R-80, R-40 and in any resource conservation and creative development overlay (the RCCD overlay zone) a conservation development land development project shall be required.
(2) Reserved.
(3) Process for review. A RCCD-LDP shall be reviewed in accordance with the subdivision and development review regulations under the following classifications:
a. Uses in accordance with subsection 28-283(f)(1) with five or less units and where a new street creation or extension is not required shall be a minor land development project and without a public hearing being required.
b. Uses in accordance with subsection 28-283(f)(1) with not more than five units where a new street creation or extension is required shall be a minor land development project with a public hearing.
c. Uses in accordance with section 28-283(f)(1) or (2) with more than five units, or where a waiver or modification is required or where phasing is proposed shall be a major land development.
(4) Waiver. In accordance with the provisions of the town subdivision and development review regulations, the planning board may grant a waiver from such regulations where such waiver is in the best interest of good planning practice and/or design as evidenced by consistency with the town's comprehensive plan and this chapter. Pursuant to section 8.6 of the regulations, and only with the appropriate findings as set forth therein, such waiver may include provision for a so-called "conventional" subdivision, but only in accordance with the aforementioned standards. The planning board shall make such decision no later than master plan approval.
(d) Minimum size of development and minimum percentage of open space. There shall be at least 50 percent open space. Only half of the required open space may be wetlands.
(e) Computation of maximum number of dwelling units. Computation of the maximum number of dwelling units shall be as follows:
(1) Density does NOT equate to minimum lot size. The initial maximum density shall be determined by calculating the number of dwelling units (or households) which could reasonably be expected to be developed upon the site under a plan of a conventional subdivision or land development project that depicts the number of dwelling units on a parcel of land, taking into account physical constraints to development (known as a yield plan). The maximum number of dwelling units on the yield plan, as approved by the planning board as part of master plan approval, shall be known as the "initial maximum number".
(2) The applicant shall have the burden of proof with regard to the reasonableness and feasibility of the design and of the engineering specifications for such yield plan. Yield plans shall be prepared as conceptual layout plans in accordance with the pre-application checklist of the regulations. Yield plans shall show proposed streets, lots, rights-of-way, stormwater management facilities, land unsuitable for development and other pertinent features. Although the yield plan must be drawn to scale, it need not be based on a field survey. However, it must be a realistic layout reflecting a development pattern that could reasonably be expected to be implemented, taking into account the presence of lands unsuitable for development and specific area required for preservation as defined in the regulations, existing easements or encumbrances and the suitability of soils for subsurface sewage disposal.
(3) The yield plan shall meet all conventional zoning and subdivision requirements, including minimum buildable area requirements, and shall not assume that any waivers or variances will be granted.
(4) The initial maximum number determination shall be made during the master plan stage of review. The applicant shall use this initial determination as the basis for submission of more detailed information during subsequent stages of review. Upon further investigation and upon receipt of more detailed soils and environmental information as may be provided in subsequent stages of review, the planning board may increase or reduce the number of lots/dwelling units contained in the initial maximum number. In developments that require alterations to be made to freshwater wetlands, the board may establish an initial maximum number contingent upon confirmation by the Rhode Island Department of Environmental Management that such alterations are permitted under the provisions of the Freshwater Wetlands Act. For all developments, the final initial maximum number shall be determined as part of the master plan stage of review.
(5) In addition to the initial maximum number, the planning board may grant zoning incentives, pursuant to the RIGL § 45-24-47, to adjust the maximum density for the entire development; provided, however, that the maximum number of permitted new dwelling units shall not be increased by a factor of more than 1.3 above the initial maximum number where granted multiple zoning incentives as provided below. The initial maximum number of units plus any units allowed as zoning incentives shall equal the "basic maximum number" or units.
a. Reserved.
b. If the planning board determines that the amount of open space area provided in the entire RCCD-LDP exceeds the minimum required 50 percent, the initial maximum number of permitted dwelling units in the development may be increased by a factor in accordance with the following table:
Amount of Open
Space ProvidedIncrease in
Density Factor60%—67% 10% 67%—75% 20% 75% or greater 30%
c. If the planning board determines that at least one-third of the provided open space area is suitable for dedication to public use (including active and passive recreation areas) and such dedication to the public is made in perpetuity, the initial maximum number of permitted dwelling units in the development may be increased by a factor of 20 percent. The decision whether to accept an applicant's offer to dedicate open space land to public usage within a proposed subdivision shall be at the discretion of the planning board, which shall be guided by the comprehensive plan, particularly those sections dealing with active and passive recreational facilities.
d. Notwithstanding the maximum density increase factor of 30 percent, the planning board may determine that an existing dwelling which is currently located on the property being developed should be preserved for any of the following purposes: maintenance of historic or traditional development patterns; preservation of streetscape features; maintenance of building placement, setback and alignment on the site; preservation of historic structures that contribute to the character of an area; design of public or common open space. In such cases, the planning board may allow the applicant to exceed the basic maximum number of permitted dwelling units in the development by this one additional dwelling unit. Any dwelling unit granted a zoning incentive under the provisions of this section shall be subject to deed restrictions prohibiting the removal or alteration of the dwelling.
(f) Permitted uses. Permitted uses shall be as follows:
(1) Underlying zone. Any uses permitted in the underlying zone shall be permitted in the CD-LDP.
(2) Additional uses. The following uses shall be permitted, subject to the planning board's determination that such uses as proposed form a harmonious mixture for the subject site:
a. Agricultural: Gardening and raising of crops, raising of animals for profit or consumption.
b. Institutional and governmental services: Family day care home with six or less persons, day care, cemetery, church, synagogue or religious educational building, monastery/convent, library, museum, fire station, schools: K-12.
c. Service business: Restaurant, cafe, or deli without liquor sales, laundry, self-service dry cleaning without on-site plant. Such use shall only be allowed where each individual use contains not more than 1,000 square feet of gross floor area. Such use shall be accessible only from an interior street or driveway, and shall not be accessible from any collector or arterial street.
d. Retail business: Bakery, book store, book store/cafe, convenience store, florist, general merchandise store, gift shop, grocery store, newsstand, pharmacy, variety store. Such use shall only be allowed where each individual use contains not more than 1,000 square feet of gross floor area. Such use shall be accessible only from an interior street or driveway, and shall not be accessible from any collector or arterial street.
e. Recreation: Camp for boys or girls, riding stable, golf course, playground/park, open space (in addition to the mandatory open space), nonprofit community center, yacht club/marina.
(g) Minimum lot area. The minimum lot area shall be as follows:
Where individual lots are created, the following minimum lot sizes shall be maintained.
(1) Community water and sewage service. Where a public water system or a community well, and a public sewer system or community sewage disposal system (SDS), is connected to each principal structure, the minimum area of each building lot shall be 7,500 square feet.
(2) Community water or sewage service. Where a public water system or a community well, or a public sewer system or community sewage disposal system (SDS), is connected to each principal structure, the minimum area of each building lot shall be 10,000 square feet.
(3) Neither community water nor sewage service. Where neither a public water system or a community well, nor a public sewer system or community sewage disposal system (SDS), is connected to each principal structure, the minimum area of each building lot shall be 40,000 square feet.
(4) Notwithstanding the foregoing, if the condominium form of ownership is utilized, no minimum lot (or unit) size need be established, provided all other health and safety requirements (such as minimum distance between wells and septic systems) and dimensional requirements (such as the dimensional requirements set forth elsewhere in this article IX) are met.
(h) Minimum frontage. The minimum frontage on a public road of the parcel for development proposals shall be at least 50 feet in all residential districts. Additional frontage may be required if more than one access road is deemed necessary by the planning board.
(i) Design standards. In addition to the general requirements for land development projects in section 28-282, the following design standards are required.
(1) See section 28-282(d) for the multi-family development standards:
The following setbacks are required for all residential units and the following uses: From cropland or pasture land 100 feet From buildings or barnyards housing livestock 300 feet From active recreation areas such as tennis courts or playing fields (not including tot-lots) 150 feet
(2) Views of house lots from exterior roads and abutting properties shall be minimized by the use of changes in topography, existing vegetation, or additional landscaping.
(3) House lots shall generally be accessed from interior streets, rather than from roads bordering the tract.
(4) Streets may be publicly or privately owned and maintained. Streets and sidewalks shall be designed to conform with the standards of the town in the Subdivision and Development Review Regulations 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 planning board.
(5) At least 50 percent of the lots shall directly abut, or face unobstructed across a street open space.
(6) No portion of any house lot may be used for meeting the minimum required open space. However, where the open space is used for active agricultural use, a dwelling unit may be provided for a live-in caretaker/manager of such active use, and such area may still be used to meet the minimum required open space.
(7) Pedestrian and maintenance access, excluding those lands used for agricultural or horticultural purposes, shall be provided to open space.
(j) Protection, management and ownership of buffer and open space.
(1) The open space that is required to be reserved and created shall be subject to permanent conservation easements prohibiting future development and defining the range of permitted activities.
(2) The following methods may be used, either individually or in combination, to own common facilities. However, open space shall be initially offered for dedication to the Town of Bristol. Common facilities shall not be transferred to another entity except for transfer to another method of ownership permitted under this section, and then only when there is no change in the common facilities or in the Conservation Land ratio of the overall development. Ownership methods shall conform to the following:
(3) Fee simple dedication to Bristol. The Town of Bristol may, but shall not be required to, accept any portion of the common facilities, provided that there is no cost of acquisition to the town and the town agrees to and has access to maintain such facilities.
(4) Condominium association. Common facilities may be controlled through the use of condominium agreements. Such agreements shall be in accordance with relevant Rhode Island law. All open land and common facilities shall be held as "common element".
(5) Homeowners' association. Common facilities may be held in common ownership by 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 a description of the organization of the proposed association, including its by-laws, and all documents governing ownership, maintenance, and use restrictions for common facilities.
b. The proposed association shall be established by the owner or applicant and shall be operating (with financial capitalization by the owner or applicant, if required by the planning board) before the sale of any dwelling units in the development.
c. Membership in the association shall be automatic (mandatory) for all purchasers of dwelling units therein and their successors in title.
d. The association shall be responsible for maintenance and insurance of common facilities.
e. The by-laws shall confer legal authority on the association to place a lien on the real property of any member who falls delinquent is his dues. Such dues shall be paid with the accrued interest before the lien may be lifted.
f. Written notice of any proposed transfer of common facilities by the association or the assumption of maintenance for common facilities must be given to all members of the association and to the town no less than 30 days prior to such event.
(6) Private conservation organization. With permission of the planning board, a developer may transfer either fee simple title of the open space or easements on the open space to a private nonprofit conservation organization provided that:
a. The conservation organization is acceptable to the planning board and is a bona fide conservation organization intended to exist indefinitely;
b. The conveyance contains appropriate provisions for proper reverter or re-transfer in the event that the organization becomes unwilling or unable to continue carrying out its functions;
c. The open space is permanently restricted from future development through a conservation easement and the town is given the ability to enforce these restrictions; and,
d. A maintenance agreement acceptable to the planning board is established between the owner and the organization.
(7) Dedication of easements to Bristol. The town may, but shall not be required to, accept easements for public use of any portion of the common land or facilities. In such cases, the facility shall remain in the ownership of the condominium association, homeowners' association, or private conservation organization while the easements shall be held by the town.
(8) Maintenance.
a. Unless otherwise agreed to by the planning board, the cost and responsibility of maintaining common facilities and open space shall be borne by the property owner, condominium association, homeowners' association, or conservation organization.
b. The applicant shall, at the time of preliminary plan submission, provide a plan for maintenance of conservation lands and operation of common facilities (the "plan") in accordance with the following requirements:
1. The plan shall define ownership;
2. The plan shall establish necessary regular and periodic operation and maintenance responsibilities for the various kinds of open space (i.e. lawns, playing fields, meadow, pasture, cropland, woodlands, etc.);
3. The plan shall estimate staffing needs, insurance requirements, and associated costs, and define the means for funding the maintenance of the open space and operation of any common facilities on an on-going basis. Such funding plan shall include the means for funding long-term capital improvements as well as regular yearly operating and maintenance costs;
4. At the planning board's discretion, the applicant may be required to escrow sufficient funds for the maintenance and operation costs of common facilities for up to one year; and,
5. Any changes to the plan shall be approved by the board.
6. In the event that the organization established to maintain the open space and the common facilities, or any successor organization thereto, fails to maintain all or any portion thereof in reasonable order and condition, the town may assume responsibility for maintenance, in which case any escrow funds may be forfeited and any permits may be revoked or suspended.
7. The town may enter the premises and take corrective action, including maintenance. The costs of such corrective action may be charged to the property owner, condominium association, homeowners' association, conservation organization, or individual property owners who make up a condominium or homeowners' association and may include administrative costs and penalties. Such costs shall become a lien on said properties. Notice of such lien shall be filed by the town in the land evidence records.
(Ord. No. 2015-14, 12-2-15; Amend. of 1-27-21)