Basic Maximum Number of Dwelling Units

ARTICLE H. BASIC MAXIMUM NUMBER OF DWELLING UNITS The Basic Maximum Number of dwelling units allowed on a parcel of land proposed for development as a Conservation Development is defined as the maximum number of single family detached dwellings that could reasonably be expected to be developed as a conventional subdivision upon that parcel under a Conventional Yield Plan as defined herein. The applicant shall have the burden of proof with regard to the reasonableness and feasibility of the design and of the engineering specifications for such Conventional Yield Plan; provided, however, that the Planning Board's determination of the Basic Maximum Number shall be conclusive. Conventional Yield Plans shall be prepared as conceptual layout plans in accordance with the Pre-application Checklist (Checklist C). Conventional Yield Plans shall show proposed streets, lots, rights-of-way, land unsuitable for development and other pertinent features. The Conventional Yield Plan must be drawn to scale, and it must be a realistic layout reflecting a development pattern that could reasonably be expected to be implemented, taking into account the presence of land unsuitable for development (as defined in Section 6.8 of the Zoning Ordinance), existing easements or encumbrances and the suitability of soils for subsurface sewage disposal. The Conventional Yield Plan shall also reflect the dimensional standards for uses being proposed, as contained in Table 1 - Dimensional Regulations in Section 5.4 of the Zoning Ordinance, or other applicable dimensional requirement of the Zoning Ordinance. The Conventional Yield Plan must identify how conventional lots or uses could be developed having the required area, frontage and other dimensional requirements of the Zoning Ordinance. Although lots shown in the Conventional Yield Plan may contain land unsuitable for development, this area shall be counted towards the minimum lot area only as provided in Section 6.8 of the Zoning Ordinance.

On sites served by Individual Sewage Disposal Systems (ISDS), density shall be further determined by evaluating the number of dwellings or other uses that could be supported by ISDS on lots in a conventional subdivision. Lots or dwelling units shown on a Conventional Yield Plan shall not include dwellings proposed to be serviced by an ISDS that requires the granting of a variance by the RI Department of Environmental Management. The Planning Board shall determine the suitability of the parcel to be developed as a conventional subdivision, based on the soils information provided by the applicant, upon observations made during the site visit to the property, and/or upon other evidence available to the Board at any time during the development review process. Upon completion of their review, the Planning Board shall determine the initial Basic Maximum Number of lots/dwelling units permitted in a development. This initial determination shall be made at the master plan stage of review for major subdivisions and major land development projects, and at the preliminary stage of review for minor subdivisions and minor land development projects. The applicant shall use this initial determination as the basis for submission of more detailed information during subsequent stages of review. Upon further investigation and upon receipt of more detailed soils and environmental information as may be provided in subsequent stages of review, the Planning Board may increase or reduce the number of lots/dwelling units contained in the initial Basic Maximum Number. For all developments, the final Basic Maximum Number shall be established by the Planning Board at the final stage of review. In developments that require alterations to be made to freshwater wetlands, the Board may establish an initial Basic Maximum Number contingent upon confirmation by the RI Department of Environmental Management that such alterations are permitted under the provisions of the Freshwater Wetlands Act.