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North Kingstown
Town of North Kingstown Zoning Ordinance
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§ 21-625

Preserving sending area parcels

  • (1) Existing agricultural lands. Lands identified for preservation in the sending area that are in agricultural production or are otherwise identified for agricultural activities by the applicant when development rights are purchased may be preserved as conservation lands or for agricultural activities;

  • (2) Existing natural lands. Lands identified for preservation in the sending area that are not in agricultural production or otherwise identified for agricultural activities by the applicant when development rights are purchased shall be preserved as conservation areas;

  • (3) Restrictions on sending area parcels. Restrictions on sending area parcels shall be recorded as deed restrictions upon approval of a TDR sending area land development application. Conservation or agricultural lands preserved through TDR shall either:

    • (a) Remain in private (non-common) ownership if the use is limited to those approved by the planning commission through a binding deed restriction that runs with the land. With agreement of the property owner through the land development or subdivision process, the planning commission may limit the amount of space that remains in private ownership to ensure the protection of natural resources or the maintenance of an established greenway;

    • (b) Be conveyed to and accepted by the town for park, open space, agricultural or other permitted use or uses;

    • (c) Be conveyed to a nonprofit organization the principal purpose of which is the conservation of open space or resource protection; or

    • (d) Be conveyed to a corporation or trust whose principal purpose is the stewardship of said land for uses approved by the planning commission.

  • (4) Deed restrictions for non-agricultural lands. All non-agricultural land preserved through the TDR permit process shall be protected in perpetuity against further development and unauthorized alteration by appropriate deed restrictions, and by the grant of a conservation or preservation restriction to the town, pursuant to RIGL 34-39, as amended. In addition, the perpetual maintenance of open space and any authorized uses shall be guaranteed by appropriate deed restrictions and by grant of a conservation or preservation restriction to the town, pursuant to RIGL 34-39, as amended. Every deed restriction shall require approval by the director of planning before any development rights are sold, landed or otherwise extinguished. Every deed restriction shall contain the following provision:

"If the owners, or their successors or assigns fail to maintain conservation lands in accordance with those restrictions placed upon the property, 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."

  • (5) Deed restrictions for agricultural lands. All land designated for conservation as agricultural land shall be protected in perpetuity against non-agricultural development and shall allow agricultural use in accordance with this ordinance by appropriate deed restrictions. Said restrictions shall be imposed via conservation restrictions for farming and agricultural uses (pursuant to RIGL Title 34, Chapter 39 as amended) to the state agricultural land preservation commission with the division of agriculture chief acting as advisor (pursuant to the Farmland Preservation Act, RIGL Title 42, Chapter 82 as amended) which shall serve as the principal steward and enforcer for any period of time; and to the town which shall serve as the secondary steward and enforcer. Notwithstanding the foregoing, if the agricultural land preservation commission does not agree or fails to serve as principal steward and enforcer, the planning commission may allow, for such period of time, other non-profit entities to hold various stewardship and enforcement rights to supplement those rights held by the town. Said entities shall have missions dedicated to agricultural preservation and a commitment to continuing allowable agriculture use. Any rules or enforcement enacted by said entity shall be consistent with any applicable rules of the department of environmental management, division of agriculture. No restrictions shall be placed upon the property that would preclude agricultural lands that have been left fallow to be cleared, re-cultivated and returned to an active agricultural operation subject to applicable state laws.

  • (6) Allowable uses on conservation lands. Consistent with any applicable local, state or federal regulations, the planning commission shall regulate allowable uses for conservation lands in accordance with the land use table (article III) for the open space and public lands districts, unless specific deed restrictions preclude the allowance of any of those uses. Where a use is allowed by special use permit, the planning commission may approve such use through the TDR sending area land development process.

  • (7) Allowable uses on agricultural lands. Consistent with any applicable local, state or federal regulations, the planning commission shall regulate allowable uses for agricultural lands in accordance with the land use table (article III) for the appropriate underlying district on lands preserved for agricultural use. Where a use is allowed by special use permit, the planning commission may approve such use through the TDR sending area land development process.

(Ord. No. 08-26, § 3, 10-20-2008; Ord. No. 10-06, § 10, 4-26-2010)

Editor's note— Ord. No. 10-06, § 10, adopted April 26, 2010, amended the Code by renumbering and amending former § 21-624 as a new § 21-625.