§ 340-151
Open space
Every conservation development shall provide protected open space in accordance with the following requirements and standards:
- A. 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.
- B. 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 Table 2 below. None of the minimum required open space area shall be devoted to land unsuitable for development as defined in § 340-149.
Table 2
Open Space Requirements
(minimum percentage of total land area*)Zoning District Infrastructure
(water and sewage)Minimum Total Land Area
(acres)Minimum Percentage of Total Land Area Suitable for Development R-40 On-site well and OWTS 50% Public water or public sewer 20 60% Public sewer and public water 70% R-20 Public sewer and public water 6 50% Public water or public sewer 25% R-15 Public sewer and public water Single-family 5 50% Duplex 30% NOTE: *Land area suitable for development. - C. Ownership of open space.
- (1) Ownership of open space provided by a conservation development for public or common use shall be subject to approval by the Planning Board and Legal Department review and approval and either:
- (a) 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;
- (b) Remain in private (noncommon) ownership if the use is limited to agriculture, habitat or forestry. In accordance with the Comprehensive Plan and this chapter, 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;
- (c) Be conveyed to and accepted by a nonprofit organization, the principal purpose of which is the conservation of open space or resource protection; or
- (d) Be conveyed to and accepted by the Town for park, open space, agricultural, or other permitted use or uses; Town Council approval shall be required for any conveyance to the Town, upon recommendation of the Planning Board.
- (2) The open space land in a conservation development may be owned by the Town of Johnston Municipal Land Trust or the Providence Water Supply Board (PWSB), upon approval of the Planning Board. Town Council approval shall be required for any conveyance to the Municipal Land Trust.
- (1) Ownership of open space provided by a conservation development for public or common use shall be subject to approval by the Planning Board and Legal Department review and approval and either:
- D. 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.
- E. In any case where the land is not conveyed to the Town, a conservation 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 be kept in the authorized condition(s) and not be built upon or developed.
- F. All open space land provided by a conservation development or other land development project shall be subject to a management plan approved by the Planning Board that specifies the permitted uses for the open space.
- G. 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." - H. In addition to the conservation restriction granted to the Town in Subsection G above, the development rights and other conservation easements on the open space land shall be held in perpetuity by at least one entity other than the Town, which entity shall be a nonprofit organization, the principal purpose of which is the conservation of open space or resource protection.
- I. The ownership of open space land and the granting of all conservation and preservation restrictions on such land shall be approved by the Planning Board. Prior to their decision, the Planning Board shall request an advisory opinion from the Town Solicitor and the Technical Review Committee, if constituted.
- J. Open space land shall be prohibited from further subdivision or redevelopment/reuse. If Town-owned, land shall not be developed for a municipal purpose other than open space and/or passive recreation (excluding any and all forms of hunting).