§ 350-105
Open space in conservation developments
- A. Every conservation development shall provide protected open space in accordance with the following requirements and standards:
- (1) 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.
- (2) 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 the table below. None of the minimum required open space area shall be devoted to land unsuitable for development as defined in § 350-58 of this chapter.
Zoning District Minimum Percentage of Land Suitable for Development to be Dedicated as Open Space A-4 70% A-3 60% R-2 50% - (3) Open space provided by a conservation development for public or common use, shall either be conveyed to and accepted by the Town for park, open space, agricultural, or other permitted use or uses; or be conveyed to and accepted by a nonprofit organization, the principal purpose of which is the conservation of open space or resource protection; or 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; or remain in private (noncommon) ownership if the use is limited to agriculture, habitat or forestry. In accordance with the Comprehensive Plan and this Zoning Ordinance, 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.
- (4) 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.
- (5) In any case where the land is not conveyed to the Town, a 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 shall be kept in the authorized condition(s) and not be built upon or developed.
- (6) All open space land provided by a conservation development or other land development project shall be subject to a community-approved management plan that will specify the permitted uses for the open space.
- (7) All open space, regardless of whether it is conveyed to the Town, shall be protected against further development and unauthorized alteration in perpetuity by appropriate deed restrictions, and by the grant of a conservation or preservation restriction pursuant to Title 34, Chapter 39, of the Rhode Island General Laws, as amended, to at least three separate entities, one of which entities shall be the Town, one of which shall be a nonprofit organization, the principal purpose of which is the conservation of open space or resource protection, and one of which shall be an association of owners of lots or units within the development. If no such owners' association is created, then at least two entities shall be nonprofit conservation organizations.
- (8) 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."