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North Kingstown
Town of North Kingstown Zoning Ordinance
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§ 21-623

Determining and certifying development rights

  • (1) General. Development rights may be approved by the planning commission as part of a TDR sending area land development project. Master plan approval is required to officially determine the number of development rights associated with a parcel(s) of land and authorize certification from the director of planning.

  • (2) Identifying the TDR-parcel. TDR-parcel(s) shall be included in the sending area overlay district pursuant to section 21-190. An applicant may choose to establish development rights for a portion of any tract of land in the sending area overlay district in accordance with the limitations established in the subdivisions and land development regulations.

  • (3) Establishing yield. The development rights that may be created on a given parcel of land are determined by either the maximum number of detached single family dwelling units in residential districts or the gross floor area of office space in non-residential districts that could reasonably be expected to be developed on the site as determined by the planning commission. The applicant shall have the burden of proof with regard to the reasonableness and feasibility of the design and engineering specifications for the development plan; provided, however, that the planning commission's determination of the number of development rights, which is based on the review of submitted plans and materials, shall be conclusive. The site yield shall not include the use of any density bonuses or development increases that may be offered elsewhere in the zoning ordinance including, but not limited to, inclusionary zoning or conservation developments. Site plans developed as part of a comprehensive permit application shall not be considered viable yield plans for the purposes of a TDR sending area land development application.

  • (4) Submittal requirements. Applicants for a TDR sending area land development project shall be required to submit plans to the planning commission in accordance with the TDR sending area pre-application checklist and TDR sending area master plan checklist in the subdivisions and land development regulations.

  • (5) Wetland limitations. Neither the pre-application nor the master plan require field-verified wetlands but, in the absence of field verified wetlands, the applicant shall use digital wetland data layers available from the town to depict the location and extent of on-site wetlands. Where an applicant believes (s)he can provide more accurate data relative to the location and extent of wetland areas, said data shall be developed through field reconnaissance by a qualified wetland biologist and verified through a site visit by the planning commission or its designee.

  • (6) On-site wastewater treatment systems (OWTS). For sites that would be served by OWTS, density shall be further determined by evaluating the amount of development that could be supported by these systems. No development shall be shown that would require a variance from the state department of environmental management. The planning commission shall determine the suitability of the parcel for wastewater disposal based on the soils information provided by the applicant, upon observations made during any site visit to the property, and/or other evidence available to the commission at any time during the review process.

  • (7) Transferable and retained development rights. Within the initial application for a sending area land development project, applicants may petition for all development rights associated with a TDR-parcel(s) to be transferable or, instead, may petition to retain a portion of their development rights as buildable on that site.

  • (8) Area for future landing of retained development rights. Where an applicant proposes to retain development rights, the application for a TDR sending area land development project shall include the delineation of a conceptual building envelope showing the general location where the retained development rights may be constructed.

    • (a) The applicant shall bear the burden of proof as to whether the retained development rights can be developed within the designated area. The planning commission shall have the discretion to request further information as is reasonable and necessary to demonstrate the feasibility of future development of retained rights. Information requested by the planning commission shall not exceed those requirements set forth in the sending area land development plan, master plan review checklist.

    • (b) Approval by the planning commission of an area for future development of retained development rights by the planning commission in no way guarantees approval of future plan submittals for this site. Additional information and unforeseen circumstances related to the site may further limit the amount of development that can actually occur.

  • (9) Criteria for retained development rights for non-agricultural restrictions. In the case of proposed non-agricultural lands, the preserved area shall be contiguous and shall be connected with open space on the subject parcel and adjacent parcels to the greatest extent practicable.

  • (10) Criteria for retained development rights for agricultural restrictions. In the case of proposed agricultural lands, the RAV score for the entire site shall not exceed the weighted average RAV score for the proposed retained tract by more than ten percent based on a review of existing soils maps.

  • (11) Certificates of development rights. Upon the approval of a master plan, the planning commission shall authorize the issuance of a certificate of development rights from the director of planning barring any appeals during the appropriate appeal period. The director of planning shall not issue any certificates of development rights until the applicant demonstrates that the appropriate deed restrictions have been placed on the subject property. Where an applicant has received approval for both transferable and retained development rights, the planning director shall issue a certificate for each separate set of development rights. Issuance and maintenance of the certificate(s) shall follow the rules and procedures in the subdivisions and land development regulations.

  • (12) Vesting of development rights. The original number of development rights vested in a certificate of development rights shall be based on the plans approved by the planning commission as described in this section of the zoning ordinance. Changes to the zoning ordinance or any other federal, state or local regulation that occur after the vesting of those rights shall not increase or decrease the number of rights originally approved by the planning commission, unless state or federal law specifically preempts the town's authority in this matter. Development rights shall be considered viable as long as the easement that was established as part of their approval remains intact. However, development rights are the property of the bearer of the certificate and the town bears no responsibility as to the market value of these rights, the feasibility of landing those rights in a receiving area, or the feasibility of developing any retained development rights.

  • (13) In the case of properties in the sending area, as defined in section 21-190, that are located in the Town of Exeter per the memorandum of agreement between the Town of North Kingstown and the Town of Exeter for the "retained ten acre parcel" adopted on December 6, 2010 and December 13, 2010 by the Towns of Exeter and North Kingstown respectively, said property shall receive master plan approval or the equivalent level of approval from the adjacent municipality. A master plan or the equivalent level of approval shall be certified in writing to the town planning commission determining the established yield of buildable lots or commercial square footage in a commercial zone per the zoning designation. The town planning commission will review said approval letter and apply the criteria in this ordinance, specifically article XXIII to determine and certify development rights, to determine the criteria for retaining and landing development rights, and preserving the sending area parcels. A certificate of development rights will be issued by the administrative officer after review by the planning commission and all other rights and requirements of this ordinance and of the subdivisions and land development regulations shall be applicable to said certificates.

(Ord. No. 08-26, § 3, 10-20-2008; Ord. No. 10-06, § 8, 4-26-2010; Ord. No. 11-02, § 4, 1-10-2011)