Applicability

A. The Planning Board may allow a proposed land development project or subdivision to be developed in the form of a conservation development only in R-40, R-20 and R-15 Zoning Districts.
B. The option of developing land in the form of a conservation development shall be that of the applicant. The Planning Board may not require any subdivision or land development project to be developed as a conservation development without the written consent of the applicant.
C. No dimensional or use variances may be granted for conservation developments. If dimensional variances are required, the project may not proceed as a conservation development and must be developed as a conventional subdivision.
D. Authority to disallow conservation development.
- (1) If an applicant requests approval of a conservation development, the Planning Board shall have the authority to disallow a conservation development and require a conventional form of development. In such an instance, the Board shall require the applicant to submit alternative plan(s) of a conventional development for the property proposed for development as a comparison, following the requirements and procedures for conventional developments provided in the Land Development and Subdivision Regulations. If the Board finds that the conventional subdivision alternative better meets the general purposes of the Subdivision Regulations and is not consistent with the purposes of conservation developments as set forth in § 340-140 herein, the Board may require the application to be reviewed as a conventional development.
  Editor's Note: The most current regulations are on file in the Town offices.
- (2) For major subdivisions or land development projects, the Board may make this determination at the preapplication meeting, but no later than the Master Plan stage of review. For minor subdivisions or land development projects, the Board shall make this determination at the initial concept review meeting.
E. Administrative subdivisions and subdivisions that create lots which are not intended for future development (e.g., open space lots) shall not be required to be developed as a conservation development.
F. In R-15 Zoning Districts, all conservation developments shall be provided with public water and public sewer services. Privately owned individual or community wells, sewage treatment systems, or on-site wastewater treatment systems (OWTS) shall not be allowed for individual lots in a conservation development in these zoning districts.
G. In R-20 zoning districts, all conservation developments shall be provided with either public water or public sewer service, or both.