Conservation Developments

Sec. 6.20. Conservation Developments.

6-41 6.20.1. Purposes. The purposes of this section entitled Conservation Developments, are:

• A. To protect natural resources, including but not limited to those areas containing woodlands, unique or specimen vegetation, streams, floodplains, wetlands, aquifers to their recharge areas, agricultural lands, wellheads and vernal pools, by setting them aside from development;

• B. To preserve cultural, historical and archaeological resources;

• C. To protect recreational resources;

• D. To provide greater design flexibility and efficiency in the siting of services and infrastructure, including wastewater disposal systems and wells, and to reduce length of roads, utility runs, and the amount of paving required for residential development;

• E. To provide for a diversity of lot sizes, building densities, and housing choices to accommodate a variety of age and income groups, and residential preferences, so that the population diversity of the community may be maintained;

• F. To implement adopted municipal policies to conserve a variety of irreplaceable and environmentally important resources as set forth in the Comprehensive Plan,

• G. To provide reasonable incentives for the creation of a contiguous greenway system within the Town;

• H. To implement adopted land use, transportation and community service policies, as set forth in the Comprehensive Plan;

• I. To protect areas of the Town with productive agricultural soils to encourage continued or future agricultural use by conserving blocks of land large enough to allow for efficient farm operations;

• J. To create neighborhoods with direct visual and/or physical access to open land, with amenities in the form of Town open space, and with a strong neighborhood identity;

• K. To provide for the maintenance of open land set aside for active or passive recreational use, storm water drainage or conservation lands;

• L. To conserve and create scenic views, to protect views along scenic roadways, and, where appropriate, to preserve the rural character of the Town; and,

• M. To provide a buffer between new development and existing streets, neighborhoods, active farmland and adjacent park or conservation land.

• 6.20.2. Applicability.

• A. In accordance with the procedure set forth in the Land Development and Subdivision Regulations, the Planning Board may allow a land development project or subdivision to be developed as a 6-42 Conservation Development only in the following zoning districts: RU-20, RS-40, RA-65 and REA-120.

• B. Conservation developments shall only be allowed when specifically requested in writing by the applicant. The Planning Board cannot require an applicant to develop a conservation development.

• C. If an applicant requests approval of a major or minor conservation development, the Planning Board shall, at the pre-application stage of review (major) or informal concept review stage (minor) require the applicant to submit two alternative plans for the property proposed for development as follows:

• A plan(s) of a conventional subdivision • A plan(s) for the conservation development requested. •

• D. At this initial stage of review, the Planning Board shall determine if a conservation development would be consistent with the purposes of the Land Development and Subdivision Regulations, and with the purposes of conservation developments set forth in Section 6.20.1, herein. Based on this determination, the Planning Board may permit the applicant to proceed with a conservation development.

• E. At this initial stage of review, if the Planning Board finds that the conservation development alternative is not consistent with the purposes described in subsection D, above, the Board may disallow the conservation development and require the applicant to proceed with the conventional subdivision.

• F. The applicant shall then submit plan(s) for the development preferred by the Planning Board in either subsection D. or E. above. Plans shall be submitted at the master plan stage of review (major), or preliminary stage of review (minor) in accordance with the procedures and requirements of the Land Development and Subdivision Regulations. Nothing herein shall prevent an applicant from requesting an additional pre-application meeting or informal concept review.

• G. Administrative subdivisions and subdivisions that create lots which are not for the purpose of present or future development are not eligible to be developed as a Conservation Development.

• H. In RU-20 zoning districts, all conservation developments must be provided with public water and sewer service. Privately owned wells and/or sewage treatment systems and/or Individual Sewage Disposal Systems (ISDS) for individual lots in a conservation development shall not be allowed in RU-20 zoning districts. Application for all conservation development land development projects shall be made in accordance with the procedures of the Town's Land Development and Subdivision Regulations, whether a subdivision or not.

• 6.20.3. Permitted Uses. Permitted uses in a conservation development include:

• A. The following residential uses are permitted as a principal use (Y) in a conservation development:

• Use Category as provided in Section 5.4 – District Use Regulations 6-43 5.4.2 (1) Single-family dwelling 5.4.2 (1a) Accessory Family Dwelling 5.4.2 (2) Single-family dwelling with office space (see Section 5.4.3)

• 5.4.2 (3) Two-family dwelling where one unit is deed restricted for affordable housing. Twofamily units are permitted in RU-20 zone, require a Special Use Permit in RS-40 and RA-65 zones and are prohibited in the REA-120 zone.

• B. Accessory uses customarily incidental to a use permitted in the district and located on the same site are permitted by right. Any accessory use customarily incidental to a use allowed by special use permit in the district and located on the same site is permitted by special use permit.

• C. The open space in a conservation development shall be devoted only to conservation purposes or for park, recreation, forest management and agricultural purposes. The following uses listed in Section 5.4 of this Ordinance shall be permitted as a principal use (Y) within the open space areas:

• Use Category as provided in Section 5.4 – District Use Regulations 5.4.1 (2) Non-commercial raising of animals indoors or outdoors (excluding pets, watchdogs and apiary)

• 5.4.1 (5) Non-commercial raising of crops 5.4.1 (6) Commercial raising of crops In addition, the following uses are also permitted as a principal use (Y):

• 1. Conservation area, wildlife refuge, reforestation area or woodlot

  2. Subdivision parks, playgrounds, community centers, recreation facilities and similar structures of a non-commercial nature designed for the use of the residents of the conservation development and their guests In all zoning districts where conservation developments are permitted, the following uses may also be allowed in open space areas if permitted by the Planning Board in accordance with the applicable provisions of the North Smithfield Land Development and Subdivision Regulations:

• 1. Storm water drainage areas;

• 2. Buildings, structures, parking areas or other impervious improvements which are accessory to and subordinate to a permitted open space use, may be located on any open space lot provided that, in all cases, they occupy no more than two (2) percent of the total open space area of the 6-44 conservation development.

• The required amount of open space in a conservation development shall be as provided in Section 6.20.7.

• 6.20.4. Maximum Density for Conservation Development. The maximum density for a conservation development shall not exceed the number of lots intended for single-family dwellings which could reasonably be expected to be developed upon the conservation development site under a Conventional Yield Plan as provided in Section 4-1 (H) of the Land Development and Subdivision Regulations (The Basic Maximum Number of Dwelling Units).

• 6.20.5. Reserved 6.20.6. Lot Dimensional Requirements. Applicants are encouraged to modify lot area, shape, and other dimensional characteristics within a conservation development. A conservation development may be developed with dwelling units on separate lots, a single lot, or a combination thereof. Where dwellings are proposed to be located on individual lots, the dimensional regulations provided in Table 1 below shall be applicable to dwellings within a conservation development.

• 6.20.7. Open Space in Conservation Developments. All conservation developments shall provide 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 lot or 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 the table below.

• • Land deemed unsuitable for development as defined in Section 5.5.3 of this ordinance shall not count towards the minimum required open space area.

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