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Exeter
Town of Exeter Zoning Ordinance
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§ 4.8

Exeter and North Kingstown transfer of development rights

  • A. Purpose. The transfer of development rights program, TDR, is a tool for the preservation of farmland and/or open space. It allows a community to encourage development toward land that is appropriate for development, and away from land that should be preserved. The purpose of the TDR sending area is to further the preservation of open space and/or farmlands located in Exeter. As the Towns of Exeter and North Kingstown have already taken extraordinary steps to preserve the farm land now or formerly known as the Bald Hill Nursery, and as this property serves as a gateway, it is the intent of Exeter to secure the development rights of the so called "retained ten acre parcel" (see attached Appendix A) by the use of this ordinance.

  • B. Applicability. This section, 4.8, applies to any properties targeted for preservation in Exeter which are included in the Exeter Zoning Map Transfer of Development Rights Sending Area(s) Overlay zone. The intent and purpose of this ordinance is set forth in the memorandum of agreement (Appendix B).

  • C. Process. The process identified and defined under this section allows for the transfer of development rights from the sending area in Exeter, to a receiving area in North Kingstown. As such, this process is also subject to the requirements of the North Kingstown Ordinance XXIII Transfer of Development Rights (TDR). The Town of Exeter may issue a letter of yield certification.

  • D. Definitions.

    • 1. Sending area(s). This is the area identified on the TDR overlay of the Exeter Zoning Map as sending area(s).

    • 2. Certificates of development rights. Upon the approval of a master plan by the Exeter Planning Board, the North Kingstown Planning Commission may authorize the issuance of a certificate of development rights from the director of planning provided that no appeal is filed during the appropriate appeal period.

    • 3. Receiving area. This is the area(s) in North Kingstown identified by the North Kingstown Code of Ordinances Article XXIII, chapter 21-622(2) as the North Kingstown receiving area(s).

    • 4. Receiving parcel. The parcel or parcels of land within the receiving area that development rights are being transferred to, except however, under this ordinance, no receiving parcel is to be located within 1,000 feet of the sending parcel.

    • 5. Deed restrictions. Restrictions placed on the sending parcel deed as part of the transfer of development rights process.

    • 6. Retained rights. These are the rights and/or the uses of the sending area parcel that are retained by the land owner after transferring the development rights of the parcel. These retained rights shall be defined in the deed restrictions submitted with the master plan application.

    • 7. Sending parcel. The parcel of land within the sending area from which development rights are being transferred from.

    • 8. Transfer of development rights. This is the process of selling or otherwise transferring the development rights of one parcel (sending parcel) to another parcel (receiving parcel) to allow for greater or more intense development of the receiving parcel and to provide for preservation of the open space/farmland at the sending parcel. As part of this process, the sending parcel agrees to restrict future development to the retained rights as defined in the deed restrictions.

    • 9. Yield. The maximum number and size of buildings, building lots, or dwelling units that could reasonably be built on a parcel of land under current zoning, taking into account physical constraints to development such as wetlands.

    • 10. Letter of yield certification. A letter from the Exeter Planning Board certifying the potential yield of a sending area parcel.

  • E. Procedure.

    • 1. Application. An application for TDR under this section shall be received by the planning board in the Town of Exeter for confirmation of consistency to this section and procedural and substantive relevant sections of the land development and subdivision regulations. Said application shall contain a plan that meets the requirements for a master plan for the sending parcel as defined in the Town of Exeter Land Development and Subdivision Regulations for conventional major land developments. A pre-application meeting is required.

    • 2. Deed restrictions. In addition to the other requirements spelled out in the Exeter Land Development and Subdivision Regulations, the master plan application shall include draft copies of the deed restrictions defining the retained rights and prohibitions for the sending parcel after the transfer of development rights. All deed restrictions shall, at a minimum, meet the requirements of the North Kingstown Ordinance XXIII Transfer of Development Rights (TDR). Approval of the deed restrictions shall be within the discretion of the Exeter Planning Board.

    • 3. Yield. The Exeter Planning Board will review the master plan application and determine a practical yield plan based on current zoning, the requirements of the Exeter Land Development and Subdivision Regulations, and the Exeter Zoning Ordinance. Once the yield plan and the draft restrictive covenants are approved, the Exeter Planning Board will provide a letter of yield certification to the applicant. The letter of yield certification is valid for a period of one year, but can be extended due to good cause.

    • 4. Certificate of development rights. The applicant shall submit the letter of yield certification from the Exeter Planning Board to the North Kingstown Planning Commission for review and possible approval, and for issuance of a certificate of development rights by the North Kingstown Planning Director. Approval of the certificate of development rights is at the discretion of the North Kingstown Planning Commission and the planning director. No certificates may be issued until and unless, deed restrictions approved by the Exeter Planning Board and the planning board solicitor, have been recorded in the North Kingstown and the Exeter Town Halls.

    • 5. Sale and/or development. Sale of the development rights and/or development using the development rights shall follow all regulations and procedures specified for TDR in the North Kingstown ordinances and the North Kingstown Subdivisions and Land Development Regulations.

    • 6. Appeals process. Appeal of any decision from the Exeter Planning Board with regard to this ordinance shall be done in the manner specified in the Land Development and Subdivision Regulations Section 10.0.

(Ord. of 12-6-10)