Open space

• 1. Land permanently protected from development as part of the conservation development subdivision shall be designated as open space. Protected open space, within an approved conservation development, may have zero frontage on a street, as long as the planning board approves access to the open space by easement or other means, which access shall remain in perpetuity.

• 2. The minimum requirement for the open space set aside in a conservation development shall be 50 percent of the total developable land area as identified through the development and approval of a yield plan as required in appendix B, Land Development and Subdivision Regulation. The 50 percent open space required may not be varied by either dimensional or use variance.

• 3. For multi-family conservation development projects and conservation development projects with a combination of dwelling types, the 75-foot no-cut buffer, and up to 25 percent of any pervious area set aside for recreation, community garden or park, may count towards the required open space. Yard areas, setbacks, drainage areas and/or any other buffer areas shall not be included in any calculation for open space regardless of public access.

• 4. Ownership of the open space within a conservation development shall be vested in one or more legally constituted organizations that shall be responsible for the use and maintenance of the open space. Ownership is to be determined by the applicant, with written approval of the receiving entity presented prior to final plan approval, and conveyed as follows with no preference given as to order presented:

  • a. Be conveyed to the Town of Tiverton, if accepted by a majority vote of the Town Council, for use as a park, open space, agricultural, or other similar use; or

  • b. Be conveyed to a nonprofit organization, the principal purpose of which is the conservation of open space or resource protection; or

  • c. Be conveyed to a corporation or trust owned, or to be owned, by the owners of lots or units within the 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.

• 5. Documents specifying ownership shall be submitted to the Planning Board along with the application for Final Plan approval.

  • a. If conveyed to a corporation or trust owned by the owners of the lots or units within the development, or owners of shares within a cooperative development, that entity shall register with, and remain active with, the Rhode Island Secretary of State. Membership in this organization shall be mandatory for all lot and unit owners, and owners of shares. A declaration and creation of the entity shall include a copy of this ordinance, shall be recorded in the Land Evidence Records prior to the sale of any units, lots, or shares and shall be referenced in the deed conveying every lot, unit or share. In the event the entity becomes, or is declared, inactive or defunct, the lot, unit or share owners shall automatically become individually and severally liable for the open space.

• 6. The Planning Board may request, but not require, that specific areas of open space contribute to a connecting greenway system or provide public access to open space, as provided in the Tiverton Comprehensive Community Plan.

• 7. A conservation easement or restriction enforceable by the town, or by any owner of property in the land development in which the open space is located, shall be recorded by the applicant providing that the land shall be kept in open space and not built upon or developed for accessory uses such as parking or roadway. A copy of the proposed conservation easement or restriction shall be submitted with the Final Plan application. Any portion of the open space not designated as a recreation field, garden or park at the time of Planning Board approval shall not be altered, cleared or built upon. The Rhode Island Conservation Easement Guidance Manual (RIDEM 2009 ed.) shall be used to meet the requirements for preparing a conservation easement for the protected open space. No building permit(s) shall be issued until the conservation easement has been recorded in the Town of Tiverton Land Evidence Records.

(Ord. No. 2024-0008, 6-24-24; Ord. No. 2025-0008, 4-21-25)