Conservation Developments

5.6 CONSERVATION DEVELOPMENTS

5.6.1 Purpose.

The purposes of this section entitled Conservation Developments, are:

1. To protect natural resources, including but not limited to those areas containing woodlands, unique vegetation, streams, floodplains, wetlands, aquifers to their recharge areas, agricultural lands, wellheads and vernal pools, by setting them aside from development;
2. To preserve cultural, historical and archaeological resources;
3. To protect recreational resources;
4. 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;
5. 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;
6. To implement adopted municipal policies to conserve a variety of irreplaceable and environmentally important resources as set forth in the Comprehensive Plan,
7. To provide reasonable incentives for the creation of a contiguous greenway system within the Town;
8. To implement adopted land use, transportation and community service policies, as set forth in the Comprehensive Plan,
9. 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;
10. To create neighborhoods with direct visual and/or physical access to open land, with amenities in the form of neighborhood open space, and with a strong neighborhood identity;
11. To provide for the maintenance of open land set aside for active or passive recreational use, stormwater drainage or conservation lands;
12. To conserve and create scenic views and preserve the rural character of the Town; and,
13. To provide a buffer between new development and existing streets, neighborhoods, active farmland and adjacent park or conservation land.

5.6.2 Approval procedure.

The Planning Board shall require, as a land development project, a conservation development in the following residential zoning districts: Medium Density, Residential R-Med, Low Density, Residential R-80 and Residential Conservation R-200 unless the Board approves a waiver authorizing a conventional subdivision. Application for all conservation development land development projects shall be made in accordance with the procedures of the Town's Land Development and Subdivision Review Regulations, whether a subdivision or not.

5.6.3 Permitted Uses.

Permitted uses in a conservation development include:

1. The following residential uses are permitted (P) or may be authorized by a Comprehensive Permit in a conservation development: Use Category as provided in Table 4.3, Section B. Residential Uses

   1. Dwelling, single family detached.
   2. Accessory family dwelling unit as provided in section 4.4.B-1.
   3. Dwelling, two-family, if approved by the Zoning Board, in conformance with the requirements of the Low & Moderate Income Housing Plan.
   4. Dwelling, multifamily up to four (4) dwelling units per structure, if approved by the Zoning Board, in conformance with the requirements of the Low & Moderate Income Housing Plan.
   5. Home occupations
2. 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.
3. Regardless of the form of ownership, the open space shall be used only for conservancy in its natural state, grazing agriculture, walking, horseback riding, and/or bicycle riding, playing fields and courts, swimming pools, and other recreational facilities and structures for use of lot owners of the building lots and their guests with general public access provided. Other provisions of this Ordinance notwithstanding, no structure contained within the permanent open space or accessory to it shall exceed a height of fifteen (15) feet nor shall it be nearer than fifty (50) feet to the property line of the development. The restrictive agreement shall be in such form and contain such facts and provisions that, so far as possible under then existing law, the restrictions will not terminate by operation of law. The restrictions shall be governed by the following:
   • Such restrictions shall be for the benefit of and enforceable by the Town, and, if the applicant so requests, shall also be enforceable by the applicant and/or by the owners of the building lots shown on such plan. The applicant may specify, subject to the approval of the Planning Board, that such restrictions be established for the benefit of the Town by a trust enforceable by the Zoning Official.
   • The restrictions provided for the above shall include an agreement that the recreation facilities not owned by the Town shall be maintained by the non-profit organization or corporation or trust created in accord with §5.6.6 and that the permanent open space not owned by the Town shall be maintained in accordance with standards established by the Smithfield Planning Board.
4. The following uses listed in Table 4.3 of the Zoning Ordinance shall be permitted within the open space areas: Use Category as provided in Table 4.3, Section A. Agricultural Uses Raising of crops and trees, noncommercial (P) Conservation (P) Use Category as provided in Table 4.3, Section E. Outdoor Recreation Golf Course, Country Club (S) In addition, subdivision parks, playgrounds, community centers, recreation facilities and similar uses and structures of a non-commercial nature designed for the use of the residents of the conservation development and their guests are permitted (P) in a conservation development. Public access must be provided to all open space unless waived by the Smithfield Planning Board. 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 Smithfield Land Development and Subdivision Review