§ 350-58
Land unsuitable for development
[Added 11-15-2007, effective 12-20-2007]
- 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 in a conventional subdivision; a conservation development; and a residential compound.
- B. Description.
- (1) Land unsuitable for development includes the following areas:
- (a) Land under water bodies or surface water area, as defined by the Rhode Island Department of Environmental Management.
- (b) Fresh water wetlands, including that area of perimeter wetland within 50 feet of the edge of any bog, marsh, swamp or pond; or any applicable one-hundred-foot or two-hundred-foot riverbank wetlands, as defined by § 2-1-20 of the General Laws (1987), as amended.
- (c) Existing or proposed streets or rights-of-way, public or private.
- (d) Land within any publicly or privately held easement in which above- or below-ground utilities are existing or proposed, including but not limited to electric transmission lines less than 69 kilovolts, gas transmission facilities, drainage easements, or easements for access, public access, or scenic areas.
- (e) Historic cemeteries as registered with the Rhode Island Advisory Commission on Historic Cemeteries or as shown on a map of historical cemeteries maintained in the Glocester Town Hall. Native American cemeteries, if identified and located on a proposed subdivision/development site shall also be considered to be land unsuitable for development.
- (f) Areas of steep slope in excess of 20%.
- (g) Lands located within special flood hazard areas as defined by the Federal Emergency Management Agency Flood Insurance Rate Maps for the Town of Glocester except where the Planning Board determines that an engineering design for the proposed development will overcome or mitigate the constraint without adverse environmental impact.
- (2) Land unsuitable for development described in Subsections B(1)(a) through (g) above may be included as part of any lot in any subdivision or land development project, including conservation developments; provided, however, that the provisions in Subsections C through E below are met.
- (1) Land unsuitable for development includes the following areas:
- C. Lots in a conventional subdivision. Lots in any conventional subdivision, in any residential zoning district, shall contain a contiguous area of land suitable for development of not less than 1.5 acres (65,340 square feet) of land suitable for development. This provision shall not apply to any nonresidential development.
- D. Lots in a conservation development. When calculating the maximum number of dwelling units permitted in a conservation development, lots intended for residential use shown on a conventional yield plan as required by the Subdivision and Land Development Regulations shall contain at least the minimum lot area of land suitable for development required by Subsection C above.
- E. Lots in a rural residential compound. The number of dwelling units and the minimum dimensions for lots within a rural residential compound shall be as provided in Article X of this chapter.
- F. Notwithstanding the above, in a B-1 or B-2 Zoning District, land suitable for development as defined in this chapter shall constitute the entire minimum lot size of 0.5 acre.
Editor's Note: This ordinance also provided for the renumbering of former §§ 350-58 through 350-97 as §§ 350-59 through 350-98, respectively.