Town of Johnston
Town of Johnston Zoning Ordinance
§ 340-101

Open space requirements

  • A. If the Planned District includes residential uses, at least 20% of the gross land area of the total tract, exclusive of land devoted to roads or easements, shall be devoted to open land for public or common use.
  • B. Buildings or other uses for noncommercial recreational or cultural purposes compatible with open land objectives may be permitted only after approval by the Planning Board.
  • C. Common open land may be in one or more parcels of a size and shape appropriate for its intended use as determined by the Planning Board.
  • D. Access shall be created at least 25 feet wide to each parcel of such common open land from one or more streets in a Planned District, depending on the size of the development and the surrounding land uses, as determined by the Planning Board.
  • E. A maximum of 20% of the common open land may be devoted to paved areas and structures used for or accessory to active outdoor recreation which is consistent with open land uses of such land.
  • F. All open land provided by land development projects for public or common use shall be conveyed to and maintained by either of the following with the approval of the Planning Board:
    • (1) A corporation or trust owned or to be owned by the owners or lots or units within the development;
    • (2) 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);
    • (3) A nonprofit organization, the principal purpose of which is the conservation of open space; or
    • (4) The Town of Johnston for park, open space, agricultural, or other specified use or uses and open to unrestricted public use.
  • G. A restriction or conservation easement on open space/open land, enforceable by the Town, shall be recorded, providing that the land shall be kept in the authorized condition and not be built upon or developed for accessory uses such as parking or roadway. Said conservation easement shall restrict the area against any future building or use except as is consistent with that of providing landscaped open space for aesthetic and recreational satisfaction of the surrounding residences.
  • H. An operations and maintenance plan shall be developed for the open space.