Open Space

ARTICLE L. OPEN SPACE

Every Conservation Development shall provide protected open space lot or lots in accordance with the standards set forth below, and in Section 5.6.6 of the Zoning Ordinance.

1. Open space provided by a Conservation Development for public or common use, shall either
   1. be conveyed to the Town and accepted by the Town for park, open space, agricultural, or other permitted use or uses; or
   2. be conveyed to a nonprofit organization, the principal purpose of which is the conservation of open space or resource protection; or
   3. be conveyed to a corporation or trust owned or to be owned by the owners of lots or units within the Conservation Development or owners of shares within a cooperative development. If such a corporation or trust is used, ownership shall pass with conveyances of the lots or units; or
   4. remain in private (non-common) ownership if the use is limited to agriculture, habitat or forestry, and, in accordance with the Comprehensive Plan and Zoning Ordinance, that private ownership is necessary for the preservation and management of the agriculture, habitat or forest resources. In such cases, the Planning Board, as part of its review of a conservation development, shall make positive findings as part of the record, setting forth the basis for such ownership.
2. The Planning Board may limit or restrict the amount of open space that may remain in private ownership where necessary to contribute to a connecting greenway system or to provide public access to open space, as provided in the Comprehensive Plan.
3. In any case where the land is not conveyed to the Town, a restriction, in perpetuity, enforceable by the Town and by any owner of property in the land development project in which the land is located shall be recorded providing that the land shall be kept in the authorized condition(s) and not be built upon or developed.
4. 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 five (5) percent of the total open space area of the Conservation Development.
5. All open space, regardless of whether it is conveyed to the Town, shall be protected against further development and unauthorized alteration in perpetuity by appropriate deed restrictions, and by the grant of a conservation or preservation restriction to the Town, pursuant to Title 34, Chapter 39 of the Rhode Island General Laws, as amended to at least one entity other than the Town, which entity shall be a nonprofit organization, the principal purpose of which is the conservation of open space or resource protection.
6. The perpetual maintenance of all open space shall be guaranteed by appropriate deed restrictions, and by the grant of a conservation or preservation restriction to the Town, pursuant to Title 34, Chapter 39 of the Rhode Island General Laws, as amended. The Planning Board or Administrative Officer shall approve the form and content of all deed restrictions at the time of final approval of the subdivision. Every deed restriction providing a maintenance guarantee shall contain the following provision: Page 71 Land Development and Subdivision Review Regulations Town of Smithfield, RI "If the owners, or their successors or assigns fail to maintain the open space, 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."
7. The Planning Board shall specifically authorize plans for the use, ownership, management and maintenance of all open space areas within any Conservation Development. Areas proposed to fulfill the minimum open space requirement within a Conservation Development shall not be excavated or regraded, except as permitted by the Planning Board. Disturbance to the natural contours of the land shall be minimized to the greatest extent possible. Existing natural vegetation and any significant natural or man-made features shall be preserved except as permitted by the Planning Board to create or enhance areas of landscaping, parks, recreation, conservation, forestry or wildlife habitat. These disturbances shall be specifically shown on the open space use plan. At the time of Master Plan review by the Planning Board for major subdivisions or land development projects, or preliminary review for minor subdivisions or land development projects, the applicant shall submit a separate open space use plan containing:
   1. the general location and area of all proposed open space;
   2. the general proposed use(s) of the open space;
   3. existing topography and existing ground cover of open space areas;
   4. the location and nature of any existing buildings, structures, stone walls or other unique natural and/or historic features;
   5. areas of open space from which existing vegetation will be removed or altered and areas which are proposed to be disturbed or otherwise graded, excavated or altered from their existing natural state;
   6. generalized proposals for the regrading, revegetating and/or landscaping of proposed disturbed areas;
   7. the location and nature of any proposed buildings, structures, parking areas or roadways, impervious areas recreation areas and,
   8. areas proposed to be left in their existing natural states without any disturbance.
   At the time of preliminary review by the Planning Board, a more detailed management plan that specifies the use of the open space shall be submitted for review and approval, which may be combined with any required grading plans, landscaping plans, soil erosion plans or drainage plans required for preliminary approval. The Planning Board shall require final construction plans to show proposed open space use(s) and alterations required as a condition of final approval.
8. Clearing and excavation of open space areas may be permitted only for the installation of stormwater retention or detention facilities, other drainage facilities, or for permitted utilities, park, open space, recreational, agricultural or forest management uses in accordance with a plan approved by the Planning Board. In addition, no commercial earth removal, even if permitted by the Zoning Ordinance, in the zoning district in which the development is proposed, shall be permitted within any open space areas. In approving an open space use plan, the Board may permit grading that includes removal of earth materials. The Board shall, however, clearly indicate, as a condition of preliminary approval, the approximate quantities of material and the general areas from which earth removal is authorized, and shall only authorize the minimal amount of earth removal required to grade the land for the intended purpose. Page 72