Restrictions and required conditions of approval

A. Further subdivision of all house lots and common open space created as part of a conservation design development, including homestead lots, shall be prohibited.
B. The required open space shall be restricted in perpetuity from future development, except in accordance with an approved open space management plan.
C. Changes in the use of the open space shall be in accordance with those uses allowable within the open space in a conservation design development, as governed by this chapter, and shall be approved by the Planning Board as an amendment to the plan.
D. No disturbance shall be made to the natural contours of the land nor shall any existing natural vegetation be removed or any natural or man-made features altered in any way. Clearing and excavation of open space areas shall be permitted only for the installation of stormwater drainage facilities, or for permitted disturbance associated with implementing an approved open space management plan.
E. Open space land shall not be eligible for transfer to another party except for transfer to another method of ownership permitted under § 400-195 below.

F. A conservation restriction in the form of a conservation easement is required for all open space, whether privately, publicly, or commonly owned, and regardless of any other conservation easement, and shall incorporate the following requirements:

(1) All open space shall be protected against further development and unauthorized alteration in perpetuity by appropriate deed restrictions through the grant of a conservation restriction to the Town of West Greenwich, the West Greenwich Land Trust, or other nonprofit conservation group, pursuant to Title 34, Chapter 39 of the Rhode Island General Laws, as amended.

(2) In addition, the perpetual maintenance of all open space shall be guaranteed by appropriate deed restrictions. The Planning Board (legal counsel) shall approve the form and content of all deed restrictions at the time of final approval of the subdivision. Every deed restriction providing a perpetual maintenance guarantee shall contain the following provision:

"If the owners, or their successors or assigns, fail to maintain the open space, the restriction holder may perform any necessary maintenance and enforce the payment for such costs, including reasonable attorney's fees, by an action at law or in equity against the owners or their successors or assigns."

(3) The permanent conservation restriction shall be duly recorded in the Land Evidence Records, and shall define the range of permitted activities, as approved by the Planning Board, and include all restrictions as noted in this § 400-194.
(4) In the event that the Town of West Greenwich is the proposed owner of the open space, the conservation restriction shall be held by both the Town and either the West Greenwich Land Trust or other nonprofit conservation organization.