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52

SECTION 5.0. - CONSERVATION DEVELOPMENT

Part of the Code of Ordinances of Exeter, RI.

Local law · Updated January 5, 2026 · 1,016 sections

The text

Sec. 5.1. - Purpose.#

Pursuant to and consistent with section 1.4.B.D of the zoning ordinance, the purposes of this section, conservation development, are: A.

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;

B.

To preserve cultural, historical and archaeological resources;

C.

To protect recreational resources;

D.

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;

E.

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;

F.

To implement adopted municipal policies to conserve a variety of irreplaceable and environmentally important resources as set forth in the comprehensive plan,

G.

To provide reasonable incentives for the creation of a contiguous greenway system within the town;

H.

To implement adopted land use, transportation and community service policies, as set forth in the comprehensive plan,

I.

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;

J.

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;

K.

To provide for the maintenance of open land set aside for active or passive recreational use, storm water drainage or conservation lands;

L.

To conserve and create scenic views and preserve the rural character of the town;

M.

To provide a buffer between new development and existing streets, neighborhoods, active farmland and adjacent park or conservation land.

Sec. 5.2. - Applicability.#

A.

In accordance with the standards set forth in this section 5.0, the planning board shall allow all major subdivisions and major land development projects be developed as a conservation development, whether a subdivision or not. Major subdivisions and major land development projects shall be required to follow the procedure for review and approval prescribed in section 6.8.

B.

The planning board shall allow a minor subdivision or minor land development project to be developed as a conservation development, if it finds that a conservation development would a better form of development, after consideration of the general purposes and required standards for subdivisions and land development projects set forth in these regulations, and after consideration of the purposes of conservation developments set forth in section 5.1.

Sec. 5.3. - Procedures.#

Applications for conservation development approval shall be made in accordance with the procedures for approval of a major or minor subdivision or land development project based on the number of lots or dwellings in the development as provided in section 6.0 of these regulations.

Sec. 5.4. - Design process.#

The design of a conservation development shall follow the design process specified in the following steps. As a guide in designing conservation developments, applicants are encouraged to review the provisions of the Rhode Island Conservation Development Manual, RIDEM, June 2003 in the preparation of plans. The maps illustrated in this manual will provide graphic examples of what is required of applicants. When the master plan is submitted for major land development projects or subdivisions, or preliminary plans for minor land development projects or subdivisions, applicants shall demonstrate to the planning board that this design process was considered in determining the layout of proposed streets, building locations, and open space. See section 12 for specific requirements.

Step 1 - Analyze the site. The first step is to inventory existing site features, taking care to identify sensitive and noteworthy natural, scenic and cultural resources on the site, and to determine the connection of these important features to each other and strategies for protection. For pre-application meetings, the applicant shall submit the information required by the pre-application checklist. For master plan meetings, this information shall be submitted in the form of an existing resources and site analysis map, as specified in section 5.16.

Step 2 - Evaluate site context. The second step is to evaluate the site in its larger context of the neighborhood and town by identifying physical (e.g., stream corridors, wetlands), transportation (e.g., street and bicycle networks), and cultural (e.g., open spaces, recreational opportunities) connections to surrounding land uses and activities. This information shall be submitted in the form of a site context map, as specified in section 5.6.

Step 3 - Designate potential conservation areas. The third step is to identify the areas on the site to be preserved on the site as open space. The open space shall at a minimum include portions of the site that are unsuitable for development and which constitute the most sensitive and noteworthy natural, cultural and recreational resources of the site. Where appropriate, areas that serve to extend neighborhood open space networks to/from surrounding property shall be identified. The designation of open space shall reflect consistency with the town comprehensive plan.

Step 4 - Determine maximum number of units. At the master plan stage for major subdivisions and major land development projects, and at the preliminary stage for minor subdivisions and minor land development projects, the applicant and planning board shall agree upon an initial number of dwelling units that will be permitted in the conservation development or subdivision, using the yield plan approach as described in section 5.8. The number of units may be changed by the planning board during subsequent stages of review, as more information is provided, until the final basic maximum number of dwelling units is determined.

Step 5 - Locate development areas and explore conceptual alternatives. As part of the pre-application submission, the applicant shall show a minimum of two alternative proposed development layouts in the form of a sketch plan(s), or sketch plan overlay sheet(s), as described in section 5.5. These alternative plans shall be substantially different. The planning board shall review how each alternative impacts the viability of the development plan, versus the benefits to the town of one or another approach. This sketch plan shall be further refined for re-submission and discussion between the board and applicant during subsequent stages of review, as an overlay to the existing resources and site analysis map (section 5.16).

Step 6 - Locate the house sites. The sixth step is to locate building sites, using the proposed open space as a base map as well as other relevant data on the existing resources and site analysis map. The design shall take into account the potential negative impacts of residential development on nearby conservation areas as well as the potential positive benefits of such locations to provide attractive views and visual settings for residences, with emphasis on consistency with the town's rural character.

Step 7 - Lay out streets, trails and other infrastructure. Upon designation of the building sites, a street plan shall be designed to provide vehicular access to each building, complying with the standards herein and bearing a logical relationship to topographic conditions. Detailed information regarding storm water drainage, water supply and sewage disposal, trails, sidewalks and other infrastructure are also provided during this step.

Step 8 - Design and program open space. Details regarding the use, design, ownership and management of proposed open spaces shall be developed during the review process. Starting with conceptual proposals at the early stages of review, the function of open space areas shall be developed and refined. Based on review by the planning board and other reviewers, these concepts shall be clarified during the review process to establish as clear an approach to the use and maintenance of open space as it does for development areas.

Step 9 - Draw in the lot lines. Upon completion of the preceding eight steps, the next step is simply to draw in the lot lines to delineate the boundaries of individual residential lots (if applicable).

Step 10 - Establish ownership and management of open space and other community elements. At the time of preliminary review for major land development projects or major subdivisions, or at the time of final review for minor land development projects or minor subdivisions, a more detailed open space use and management plan as described in section 5.12.H shall be submitted.

Sec. 5.5. - Sketch plan overlay sheet.#

The design process described above shall be documented by the applicant and presented to the planning board. To expedite this process, a conceptual sketch plan(s) for development shall be presented as overlay sheets to be superimposed on top of more detailed site surveys and environmental data (at the same scale).

At the pre-application stage of review, the initial sketch plan may be presented as an overlay to survey plans, topographic maps or aerial photographs of the parcel(s) proposed for development. As an alternative, if detailed site information and surveys are not available, a separate diagrammatic sketch plan(s) may be presented.

At the preliminary stage of review for minor land development projects and subdivisions, and at the master plan stage of review for major land development projects and subdivisions, the sketch plan of development shall be presented as an overlay to the existing resources and site analysis map.

Sec. 5.6. - Site context map.#

A map showing the location of the proposed development within its neighborhood context shall be submitted. The site context map, which may be superimposed on an aerial photograph, shall be drawn to a scale of 1″ = 400′ or as necessary to show the area within two miles of the subdivision parcel. It shall show the locations of all streets, existing lot lines, and zoning district boundaries. Existing developed areas, open spaces, conservation areas, parks, wetlands, rivers and streams, agricultural areas, Rhode Island Natural Heritage Areas, flood plains or flood hazard areas, aquifers, and significant public facilities shall be indicated on this map. Topography at ten-foot contour intervals (from USGS maps) shall be shown.

A separate soils map of the surrounding area shall be prepared. If present, agricultural land (see definition in section 2.0) and any very poorly drained soils shall also be shown on the site context map.

Sec. 5.7. - Modification of lot requirements.#

Applicants are encouraged to modify lot size, shape, and other dimensional characteristics within a conservation development. A conservation development may be developed with dwelling units on separate lots, a single lot, or a combination thereof.

Where dwellings are proposed to be located on individual lots, the following minimum dimensional regulations shall be applicable to dwellings within a conservation development. Use Lot Area (sq. ft.) Lot Frontage and Width (ft.) see Note) Front Yard Depth (ft.) Rear Yard Depth (ft.) Side Yard (each side) (ft.)

Single household dwelling 43,560 150 40 40 20

Two household dwelling (duplex) 65,340 150 40 40 20

Note: The planning board may authorize, through a request for waiver, modifications to the above lot frontage and width as provided in section 2.4.3 of the zoning ordinance.

Sec. 5.8. - 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 dwellings that could reasonably be expected to be developed as a conventional subdivision upon that parcel under a 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 yield plan; provided, however, that the planning board's determination of the basic maximum number shall be conclusive.

Yield plans shall be prepared as conceptual layout plans in accordance with the pre-application checklist (checklist I). Yield plans shall show proposed streets, lots, rights-of-way, land unsuitable for development and other pertinent features. The 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 1.2 of the zoning ordinance), existing easements or encumbrances and the suitability of soils for subsurface sewage disposal.

The yield plan shall also reflect the dimensional standards for uses being proposed, as contained in the dimensional regulations in section 2.4.2 of the zoning ordinance, or other applicable dimensional requirement of the zoning ordinance. The 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 yield plan may contain land unsuitable for development as defined in section 1.2 of the zoning ordinance, each lot shall have at a minimum, one acre of contiguous land that is suitable for development.

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 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.

Sec. 5.9. - Types and location of buildings.#

A conservation development may contain only single household residential structures (permitted by right) or duplexes (permitted by special use permit) and uses customarily accessory thereto. The planning board may require the development plan to show the location of building footprints, and their relation to driveways and streets, and may approve, approve with modification, or deny such locations.

For the purposes of determining the basic maximum number, a single household dwelling shall be counted as one dwelling. Accessory dwelling units shall not count towards the basic maximum number, if constructed in accordance with section 4.3 of the zoning ordinance

Lots having reduced area or frontage shall not have frontage on a street other than on a street created by the conservation development; provided, however, that the planning board may waive this requirement where it is determined that such reduced lot(s) are consistent with existing development patterns in the neighborhood.

Sec. 5.10. - Storm water management.#

The storm water management system for a conservation development shall conform to the town's land development and subdivision regulations, with particular regard for the need to encourage infiltration and groundwater recharge as opposed to detention or retention basins.

Sec. 5.11. - Parking.#

Each dwelling unit shall be served by off-street parking as provided in article V of the zoning ordinance; provided, however, that this requirement may be waived by the planning board where on-street parking, or parking in approved parking lots or structures is determined to be acceptable. Spaces in garages, or in driveways in front of garages may be counted in any computation of required parking.

Sec. 5.12. - Open space.#

Every conservation development shall provide protected open space in accordance with the following standards: A.

The open space shall be established as a lot or lots separate and distinct from the lots intended for residential and accessory uses, and from land dedicated as street rights-of-way.

B.

The minimum amount of required open space area shall be based on a percentage of the land suitable for development in the entire conservation development as provided in the table below. None of the minimum required open space area shall be devoted to land unsuitable for development as defined in section 1.2. of zoning regulations.

Zoning District Minimum Amount

CR-5 75 percent

RU-4 70 percent

RU-3 60 percent

RE-2 40 percent

C.

This minimum required area shall be in addition to any open space used for storm water drainage facilities. Provided, however, that the planning board may allow storm water drainage facilities to count toward the minimum required open space area if it finds that the drainage areas are designed as a fully integrated part of an overall open space landscape plan which incorporates trails, active or passive parks, landscaped site features, stream belts or greenways, and are designed to facilitate infiltration and recharge of water, and that such facilities are not in conflict with the intent and purpose of a conservation development as stated in section 5.1 of these regulations, or with the general purposes of these regulations.

D.

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. 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.

E.

In any case where the land is not conveyed to the town, a restriction, in perpetuity, enforceable by the town or 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.

In addition, in any case where the land is not conveyed to the town, the development rights and other conservation easements on the land may be held, in perpetuity, by a nonprofit organization, the principal purpose of which is the conservation of open space or resource protection.

F.

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 percent of the total open space area of the conservation development.

G.

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. In addition, 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:

"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."

H.

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 re-graded, 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:

a.

The general location and area of all proposed open space;

b.

The general proposed use(s) of the open space;

c.

Existing topography and existing ground cover of open space areas;

d.

The location and nature of any existing buildings, structures, stone walls or other unique natural and/or historic features;

e.

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;

f.

Generalized proposals for the re-grading, re-vegetating and/or landscaping of proposed disturbed areas;

g.

The location and nature of any proposed buildings, structures, parking areas or roadways, impervious areas recreation areas and,

h.

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.

I.

Clearing and excavation of open space areas may be permitted only for the installation of storm water retention or detention facilities, other drainage facilities, or for permitted 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.

Sec. 5.13. - Open space design review standards.#

A.

List of resources to be conserved. The design of open space lands in any conservation development shall reflect the standards set forth in this subsection 5.13 and, to the fullest extent possible, incorporate any of the resources listed below if they occur on the parcel (not listed in order of significance). The applicant should be consulting the greenspace maps for natural, cultural and recreational resources as identified in the comprehensive plan.

1.

Stream channels, floodplains, hydric soils, swales, springs, and other freshwater wetland areas, including adjacent buffer areas that may be required to ensure their protection;

2.

Wellhead protection areas;

3.

Special aquatic sites, vernal pools and significant natural areas of species listed as endangered, threatened, or of special concern, such as those listed in the statewide natural heritage inventory;

4.

Moderate to steep slopes, particularly those adjoining watercourses and ponds, where disturbance and resulting soil erosion and sedimentation could be detrimental to water quality;

5.

Healthy woodlands, particularly those performing important ecological functions such as soil stabilization and protection of streams, wetlands, and wildlife habitats;

6.

Areas where precipitation is most likely to recharge local groundwater resources because of topographic and soil conditions affording high rates of infiltration and percolation;

7.

Hedgerows, groups of trees, location and species of large individual trees of botanic significance, specimen vegetation and other vegetation features representing the site's rural past;

8.

Active agricultural uses, pastures, croplands;

9.

Prime farmland soils and farmland soils of statewide importance;

10.

Historic structures and archaeological sites;

11.

Visually prominent topographic features such as knolls, hilltops and ridges;

12.

Geologic features such as eskers or kettle holes;

13.

Scenic view sheds as seen from public roads (particularly those with historic features);

14.

Existing or potential trails connecting the parcel to other locations in the Town;

15.

Any other natural, cultural or recreational resources determined by the planning board.

B.

Other design considerations. The configuration of proposed open space lands set aside for common use in a conservation development shall comply with the following standards:

1.

They shall be free of all structures except historic buildings or structures, stonewalls, and structures related to open space uses. The planning board may grant approval of structures and improvements required for storm drainage within the open space provided that such facilities would not be detrimental to the purpose for which the open space is proposed.

2.

They shall be directly accessible to the largest practicable number of lots or dwellings within the development. Non-adjoining lots shall be provided with safe and convenient pedestrian access to open space land;

3.

They shall be suitable for active or passive recreational uses to the extent deemed necessary by the planning board, without interfering with adjacent dwelling units, parking, driveways, and roads;

4.

They shall be interconnected wherever possible to provide a continuous network of greenway lands within and adjoining the subdivision;

5.

They shall provide buffers to adjoining parks, preserves or other protected lands;

6.

They shall provide for pedestrian pathways for use by the residents of the development. Consideration shall be given to providing for public access on such trails if they are linked to other publicly accessible pathway systems within the town or region. Provisions should be made for access to the open space lands, as required for land management and emergency purposes;

7.

Whenever possible, they shall be undivided by public or private streets, except where necessary for proper traffic circulation;

8.

They shall be suitably landscaped either by retaining existing natural cover and wooded areas and/or according to a landscaping plan to protect open space resources;

9.

They shall be consistent with the comprehensive community plan.

C.

Uses permitted within open space areas. The open space in a conservation development shall be devoted only to conservation purposes or for park, recreation, forest management, and agricultural purposes.

Sec. 5.14. - Streets.#

Streets within a conservation development may be publicly or privately owned and maintained and shall conform to the standards provided in these regulations. Streets shall be designed to conform to the standards of the town where the street is or may be ultimately intended for dedication and acceptance by the town. Private streets shall be adequate for the intended use and vehicular traffic and shall be maintained by an association of unit owners or such other means or entity as may be approved by the planning board.

Sec. 5.15. - Decision.#

The planning board may approve, approve with conditions, or deny an application for a conservation development upon finding that the conservation development does or does not meet the purposes of these land development and subdivision regulations, after consideration of the general requirements set forth at section 3.5, and after consideration of the purposes set forth in section 5.1, herein.

Sec. 5.16 - Existing resources and site analysis map.#

All subdivisions and land development projects, whether or not proposed to be developed as a conservation development, shall be required to prepare an existing resources and site analysis map. Provided, however that administrative subdivisions and subdivisions that create lots which are not for the purpose of present or future development shall not be required to provide such map. The purpose of this map is to provide the planning board with a comprehensive analysis of existing conditions, both on the proposed development site and within 500 feet of the site. Conditions beyond the parcel boundaries may be described on the basis of existing published data available from governmental agencies, and from aerial photographs.

An existing resources and site analysis map is required to be prepared for the following types of subdivisions and land development projects: •

Pre-application meetings and concept review checklist — Minor or major land developments and minor or major subdivisions (checklist I)

•

Preliminary plat checklist - Minor land developments and minor subdivisions checklist - Creation or extension of a public or private street (checklist J)

•

Master plan checklist - Major land developments and major subdivisions (checklist L)

The checklists referenced above provide guidance to the applicant regarding preparation and use of the map and its components.

The planning board shall review the map to assess its accuracy, conformance with municipal ordinances, and likely impact upon the natural and cultural resources on the property. Unless otherwise specified by the planning board, such plans shall generally be prepared at the scale of 1″ = 100′ or 1″ = 200′, whichever would fit best on a single standard size sheet (24″ × 36″). Where necessary for clarity, the map may be submitted as a series of more than one map. The following information shall be included in this map(s). A.

Topography and slopes.

1.

Topography, the contour lines of which shall generally be at ten-foot intervals, interpolated from U.S.G.S. published maps. More detailed topographic mapping determined by photo-grammetry or on-site survey shall be required in areas proposed for development. The determination of appropriate contour intervals shall be made by the administrative officer, who may require greater or lesser intervals on exceptionally steep or flat sites. Slopes between 15 and 25 percent and exceeding 25 percent shall be clearly indicated by shading on the map, and the area thereof in acres shall be indicated. Topography for major subdivisions shall be prepared by a professional land surveyor or professional engineer from an actual field survey of the site or from stereoscopic aerial photography and shall be coordinated with official U.S.G.S. benchmarks.

B.

Natural resources inventory.

1.

The location and delineation of ponds, streams, ditches, drains, special aquatic sites, vernal pools, natural drainage swales, 100-year floodplains and freshwater wetlands, as defined in the zoning ordinance. Additional areas of wetlands on the proposed development parcel shall also be indicated, as evident from testing, visual inspection, or from the presence of wetland vegetation.

2.

Vegetative cover conditions on the property according to general cover type including cultivated land, agricultural land, permanent grassland, meadow, pasture, old-field, hedgerow, woodland and wetland. Trees with a caliper in excess of 18 inches DBH, if located within an area proposed for disturbance or alteration shall also be indicated. Vegetative types shall be described by plant community, relative age, and condition. Specimen vegetation as defined in section 2.0 shall be identified.

3.

Soil series, types and map units, as mapped by the U.S. Department of Agriculture, Soil Conservation Service in the latest published soil survey for the state, and accompanying data published for each soil relating to its suitability for construction and for septic suitability

4.

Geologic formations on the proposed development parcel, including rock outcroppings, cliffs, kettle holes, eskers, etc. based on available published information or more detailed data obtained by the applicant.

5.

Ridgelines of existing hills and watershed boundaries shall be identified.

C.

Cultural resources inventory.

1.

All existing man-made features including but not limited to streets, driveways, farm roads, woods roads, buildings, foundations, walls, wells, drainage fields, dumps, excavated areas, utilities, and storm and sanitary sewers.

2.

Location of all historically significant sites or structures on the tract, including but not limited to cemeteries, stone walls, cellar holes and foundations, and known archaeological resources.

3.

A view shed analysis showing the location and extent of views both from and within the proposed development parcel as well as views into the property from adjacent public or private streets and properties. See definition in section 2.0.

D.

Recreational resources inventory.

1.

Location of trails that have been in public use (pedestrian, equestrian, bicycle, etc.)

2.

Boat launches, stream access locations and water trails.

3

Existing play fields and recreation areas.

E.

Utilities and infrastructure.

1.

Location of all easements and other encumbrances of property, which are or have been filed of record with the land evidence records of the town.

2.

Location of all streets and utilities.

Sec. 5.17. - Incentives.#

The planning board may award a zoning incentive so as to increase the number of dwelling units beyond the basic maximum number; provided, however, that the maximum number of permitted dwellings in the conservation development site shall not be increased by a factor of more than 1.3. An incentive may be awarded in the following circumstances: A.

Where the planning board determines that the amount of open space area provided in the entire conservation development exceeds the minimum amount as provided in the subdivision and land development regulations, the basic maximum number of permitted dwelling units in the development may be increased by a factor in accordance with the following table:

Amount of Open Space Provided Permitted Increase in Density

5 to 10 percent more than minimum Factor of 1.05

More than 10 to 20 percent more than minimum Factor of 1.1

More than 20-50 percent more than minimum Factor of 1.2

More than 50 percent above minimum Factor of 1.3

B.

The planning board may determine that an existing dwelling which is currently located on the property being developed should be preserved for any of the following purposes: maintenance of historic or traditional development patterns; preservation of streetscape features; maintenance of building placement, setback and alignment on the site; preservation of historic structures that contribute to the character of an area; design of public or common open space; or other design or site planning issues identified in the comprehensive plan. In such cases, the planning board may allow the applicant to exceed the basic maximum number of permitted dwelling units in the development by one. Any dwelling granted a zoning incentive under the provisions of this section shall be subject to deed restrictions prohibiting the removal or alteration of the dwelling except as may be approved by the planning board as a condition of approval. This dwelling may contain more than two bedrooms.

In computing the number of incentive dwelling units, all figures shall be rounded down to the nearest whole number.