Flexible Design Residential Development
§ 402 Flexible Design Residential Development
[Ord. of 8-17-2011, art. 4, § 402]
A. Purpose. The purpose of Flexible Design Residential Development is to allow greater flexibility and creativity in residential development in order to gain:
1. Permanent preservation of open space, particularly in large contiguous areas within the site or linked to off-site protected areas;
2. Protection of natural or cultural resources, including agricultural land and historic and archeological assets;
3. Protection of the character of Block Island through preservation of open space within view from public roads, preservation of stone walls and other historic landscape features, and siting of dwellings at low-visibility locations;
4. Protection of road appearance and capacity by avoiding development close to or egression directly onto such roads;
5. Location of development on sites best suited for development, and avoidance of development potentially damaging to environmentally fragile or historically important locations;
6. Low impact development by minimizing roadway length and width, making use of nonstructural drainage facilities, and siting dwellings to allow efficient use of alternative energy (solar and wind); and
7. Privacy for residents of individual lots.
B. Applicability. Flexible Design Residential Developments (see definition) are approved by the Planning Board under the review and approval procedures contained in the New Shoreham Land Development and Subdivision Regulations. Such developments are permitted in the RA and RB Zones, and can be proposed as an alternative design for either a minor or a major subdivision.
C. Procedures. Flexible Design Residential Developments shall be acted upon in accordance with the procedures established by the R.I. Land Development and Subdivision Review Act, governing the subdivision and development of land, and as contained in § 403 of the Subdivision Regulations.
D. Dimensional Requirements. Development within a Flexible Design Residential Development shall be subject to the following in lieu of the lot area, frontage and lot width requirements of Article 3.
1. Number of Lots. The total number of building lots created from any parcel shall be no greater than the number which could be expected to be built upon that parcel under a conventional subdivision plan. This must take into consideration how much of the land is actually buildable in compliance with all applicable town and state development requirements, based upon review of a concept plan submitted by the applicant showing division in compliance with the dimensional standards of Article 3.
2. Lot Area. While variations in lot size and configuration are encouraged in order to preserve open space and protect important site features, the following minimum lot areas are required:
a. RA Zone - 15,000 square feet
b. RB Zone - 10,000 square feet
In approving the creation of lots, the Planning Board shall ensure that sufficient land area is provided to allow an adequate building envelope, meet off-street parking needs, and locate on-site water supply and sewage disposal facilities.
3. Road Frontage. There is no categorical minimum frontage along either a public or private road required. The frontage provided need only be that necessary to meet building envelope location requirements and to provide for adequate access to the building site. Where shared driveways or other circumstances render frontage on a road to be not necessary for physical access to the lot, none is required.
4. Existing Road Protection. Lots having reduced area or frontage shall not have frontage on a road other than one created by the development involved, unless specifically authorized by the Planning Board where justified by peculiar site circumstances.
5. Building Envelope Dimensions. All existing and proposed buildings shall be located within a building envelope to be designated for each lot on the land development plan, approved by the Planning Board, subject to the following dimensional requirements:
a. The envelope shall include no land within any setback required by Article 3 at any boundary line at the perimeter of the Flexible Design Residential Development, including the existing street line.
b. The envelope shall comply with any minimum setback required under a provision of the Zoning Ordinance other than Article 3 that applies to the parcel or to the use of the parcel, or any setback required as a specific condition of a previous zoning approval.
c. At a minimum, the envelope shall have a fifteen-foot front, side and rear yard setback for a lot in the RA Zone, and a ten-foot front, side and rear yard setback for a lot in the RB Zone.
6. Building Envelope Standards. In addition to the dimensional requirements above, the designation of a building envelope shall be subject to the following site standards:
a. The envelope shall include no land within any wetland, flood plain, or slope in excess of 25%.
b. The envelope shall avoid areas of critical environmental importance, such as habitats of species listed as endangered, threatened, or of special concern by the Rhode Island Natural Heritage Program.
c. The envelope shall be located so as to avoid damage to areas of visual importance, such as ridge lines, open fields, or dense vegetation buffering development from existing roads.
d. The envelope shall be located so as to avoid damage to agricultural land or historic or archaeological assets.
E. Utilities. In order to meet the purposes of this section and to facilitate innovative and sustainable design, the use of shared on-site wastewater treatment systems and shared wells shall be allowed, and, where practicable, individual electrical meters shall be consolidated in one physical location and screened.
F. Open Space. The land permanently protected from development as part of a Flexible Design Residential Development shall be designated as open space. Identification of the open space land shall meet the purposes of this section, and be approved by the Planning Board as part of the subdivision review and approval process.
1. Minimum Open Space Required. Although the amount of open space land may vary depending upon the characteristics of the parcel proposed for Flexible Design Residential Development, a minimum of 50% of the developable land area (See § 202) must be set aside as protected open space.
2. Open Space Design Standards.
a. Wherever possible, open space within a Flexible Design Residential Development should be integrated with and provide access to Block Island's open space network.
b. All open space not dedicated as conservation land shall be accessible to all dwellings in the development and shall be designed to provide passive recreational benefits to all residents of the development.
c. The site plan shall indicate any portion of open space intended as conservation land, the nature of the restrictions to be imposed, and the entity to which the conservation land is to be dedicated. All open space conservation land shall be so restricted in perpetuity.
d. Existing woods, stone walls, fields and wetlands shall be maintained as part of the open space design and plan.
e. Open space shall be of a size, shape and location suitable for the designated uses and shall be comprised of contiguous parcels whenever possible. Narrow parcels or strips of open space shall be allowed only as part of a pathway system open to the public or for residential pedestrian or vehicular access, or as buffer along site perimeters.
3. Allowable Uses in the Open Space. Uses within the open space shall be limited to the following, and must be approved by the Planning Board as part of an open space plan:
a. Conservation, i.e., land in its natural state set aside for wildlife habitat, species preservation or similar purposes, and which has limited access;
b. Passive recreation, i.e., land used for picnicking, or with trails for horse back riding or hiking, or similar non-intrusive uses;
c. Active recreation, i.e., land used as a playground, playing field or gathering spot with temporary facilities, or similar uses, provided such land does not utilize more than 15% of the total open space area;
d. Placement of on-site water supply and sewage disposal facilities, if determined by the Planning Board that such placement is necessary for protection of important site features elsewhere on the parcel or to achieve the best design for the subdivision;
e. On-site drainage facility, provided it meets the standards for Low Impact Design (see Article 10 of the Subdivision Regulations) and does not utilize more than 15% of the total open space area; and
f. Utility, drainage or access easements determined to be necessary to protect a public interest or to provide a clear public benefit.
4. Open Space Ownership and Management Standards.
a. Open space provided for under a Flexible Design Residential Development shall be owned by the owners of the lots or units in the development, appurtenant to their ownership interest, except however this shall not preclude ownership by the Town of New Shoreham, the Block Island Land Trust or a non-profit conservation organization in circumstances where such ownership, of all or part of the open space, is desirable due to the connectivity with land under the same ownership, or due to the presence of unique ecological, habitat or cultural features that make the land better served through ownership by a conservation organization. Ownership of open space by an entity other than the homeowners or the Town of New Shoreham shall be approved by the Planning Board. In the case of an easement restricting development, such easement may be held by either the Town or non-profit organization approved by the Planning Board.
b. When open space is to be privately owned, the following shall be required:
(1) Rights shall be appurtenant to the lots in the development and shall run with the land.
(2) A restriction enforceable by the Town shall be recorded providing that development of such open space, except as provided in this Section, shall be restricted in perpetuity.
(3) A covenant enforceable by the Town shall be recorded providing for maintenance of the open space in perpetuity to standards satisfactory to the Planning Board and further providing that the Town shall have the right to maintain the open space at the cost of the lot owners, payment of which shall be enforceable by liens on the lots.
G. Planning Board Decision. The Planning Board shall approve the Flexible Design Residential Development or approve it with conditions provided that it meets all applicable standards of the Zoning Ordinance and Land Development and Subdivision Regulations, and reflects a good faith effort to satisfy the purposes of this Section. The Planning Board shall not approve a Flexible Design Residential Development, if in their determination, the plan as proposed does not meet said purposes, is not a suitable design according to the desirable development patterns of the surrounding area, or is otherwise inconsistent with the Comprehensive Plan.