ARTICLE VIII. - RURAL RESIDENTIAL DEVELOPMENTS
Part of the Code of Ordinances of Tiverton, RI.
The text
Sec. 23-75. - Introduction.#
a.
Rural residential developments are alternative residential subdivisions designed to protect rural character through the use of flexible zoning, different engineering and design standards and/or decreased site density as compared to conventional subdivisions. Design flexibility is allowed so that the character defining features of a site may be preserved. These features include forests, farmland, historic and archeological sites, scenic vistas and ecologically sensitive resources. Rural residential developments also result in less storm water runoff than conventional subdivisions by reducing the amount of impervious surfaces. At a maximum, overall site density is limited to what would be allowed for a conventional subdivision on the same site. To maximize design flexibility, planning board input is encouraged during the early stages of project planning.
b.
There are three types of rural residential developments:
(1)
Rural compounds are minor subdivisions (five or fewer lots) that may use flexible zoning and where the maximum density is half that allowed for a conventional subdivision. Common driveways and frontage on unpaved, privately maintained roads constructed to modified town design standards are allowed. No common open space is required, but may be provided.
(2)
Rural subdivisions are subdivisions that use flexible zoning. New lots must have frontage on paved roads constructed to town design standards. A minimum of 50 percent of the total land available for development (land area remaining after the exclusion of unsuitable land as defined in article II of the town zoning ordinance) must be permanently protected as open space.
(3)
Rural frontage subdivisions are minor subdivisions that are located along existing public roads and may use flexible zoning and/or common driveways to preserve scenic character by minimizing curb cuts and creating roadside buffers. No common open space is required, but may be provided.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-76. - Purposes.#
Rural residential developments are intended to achieve the following purposes: a.
Encourage creative and flexible site design that is sensitive to the land's natural features.
b.
Protect environmentally sensitive areas of the development site and permanently preserve open space, prime agricultural land, unique habitat, and areas of cultural, historical, wildlife, archeological or scenic significance.
c.
Promote interconnected greenway development and encourage quality recreational facilities.
d.
Minimize non-point source pollution impacts by reducing the amount of impervious surfaces in the development.
e.
Promoting variety and quality in housing type and site design.
f.
Reduce public expenditures for infrastructure maintenance by reducing utility and road lengths.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-77. - General provisions.#
a.
Rural residential developments are reviewed as either major or minor subdivisions in accordance with these regulations, and article IX of the town zoning ordinance.
b.
Per article IX of the town zoning ordinance, rural residential developments are required in the watershed protection overlay district. Where rural residential developments are required, the planning board may permit a conventional subdivision when the applicant can demonstrate, to the satisfaction of the board, that a rural residential development is inappropriate due to environmental conditions or the configuration of the land.
c.
Alternative road and design standards described herein shall apply.
d.
The planning board may approve a project that contains a combination of the three types of rural residential developments defined herein, if the individual design elements are consistent with their respective requirements and the overall plan achieves the purposes of this article.
e.
The planning board shall not approve a rural residential development project if, in their determination, the plan as proposed will have a detrimental effect on the neighboring properties or the town in general, or is otherwise inconsistent with the town comprehensive community plan, the purposes of this article, and/or the design requirements of these regulations.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-78. - Density.#
a.
As required by the town zoning ordinance, the density for rural residential developments shall not exceed that which would be allowed for a conventional subdivision on the same site.
b.
The density for a rural compound shall be restricted to 50 percent of the density allowed for a conventional subdivision.
c.
The density for a rural subdivision which is also a major subdivision shall be based on the planning board's evaluation of an informal concept plan for a conventional subdivision on the same site. The planning board will evaluate the conventional plan for suitability in all of its design aspects including septic systems, wells, wetlands, traffic circulation and potential satisfaction of findings required by these regulations. Preliminary review of the conventional plan by the town engineer to determine the adequacy of any design aspect of the plan may also be done. Such review will be conducted at the applicant's expense.
d.
All rural residential developments must include a restriction on all impacted property deeds that prevents further subdivision of the land. This restriction must also be noted on the recorded plan.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-79. - Design standards.#
a.
The planning board shall evaluate all design aspects of a rural residential development, including lot configuration, building envelope location, circulation, roadway design and pavement width, stormwater management, erosion and sedimentation control, utilities, and landscaping. Except as otherwise described herein, this evaluation shall be based upon the design criteria contained in the current edition of Rural Design Manual published by the RI Department of Environmental Management and available for viewing in the office of the planning board. The design criteria detailed in the Rural Design Manual is adopted by the planning board as an addendum and integral portion to these regulations. Design aspects not addressed in the Rural Design Manual shall be governed by those contained in article X, Site Requirements.
b.
Performance guarantees and inspection requirements specified in the following articles of these regulations, and as modified in this article, shall apply to rural residential developments.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-80. - Open space design standards, management plan and performance guarantees.#
I.
Open space design standards.
a.
A rural residential development that achieves the stated purposes of this article is contingent upon a design that protects the character defining and environmentally important features of the land. For rural subdivisions this is achieved by the permanent dedication of these features as common open space. The design process for open space must begin at the informal concept plan review stage. Central to the design is the site analysis map produced for this review and described in attachment 3. This map identifies those site features most worthy of preservation through their inclusion in the common open space portion of the development or subdivision.
b.
At each step in the approval process, the planning board will evaluate the proposed development to determine whether or not it meets the purposes of a rural residential development and the required open space design standards.
c.
The following general standards shall be applied in defining the locations of and allowable uses in the proposed common open space:
(1)
Wherever possible, open space within a rural residential development should be integrated with and provide access to the town's open space network.
(2)
The open space may be one or more parcels separate from house lots and street rights-of-way, but it should be reasonably contiguous, readily accessible by residents of the development and well integrated into the overall design in a way that preserves the land's character defining features.
(3)
The number of lots with direct access to recreation and open space lots should be maximized. Strips of common land shall be permitted only as drainage areas, buffers or as usable access paths between residences and open space.
(4)
Open space left in its natural state or used for active recreation shall be accessible to at least all owners of the lots in the development. Open space preserved for agricultural use may have access restrictions, if approved as part of the open space management plan.
(5)
The intended use of the open space shall be compatible with and designed in accordance with the natural characteristics of the land.
(6)
Up to 20 percent of the required open space may be used for active recreation.
II.
Open space management plan.
a.
No later than the master plan stage, the applicant must submit an open space management plan for all rural residential developments with common open space. The plan, which must be approved by the planning board, shall identify the location, design, uses and maintenance provisions for all open space within the development. At a minimum, the plan must contain the following:
(1)
Features of environmental, agricultural, historic, cultural, or scenic importance identified in the site analysis map (see attachment 3) that have been designated for preservation.
(2)
Description of any planned alteration to topography, vegetation, soils or existing structures within the proposed open space.
(3)
Description of any planned improvements or construction within the proposed open space.
(4)
Designation of any area to be reserved for agricultural use and its ownership/management concept.
(5)
Concept for ownership and long-term maintenance, as specified in article IX of the town zoning ordinance.
b.
At the time of preliminary review and where applicable, the open space management plan shall contain specific re-vegetation and landscaping plans, construction drawings and legal agreements for the ownership and long-term maintenance of the open space.
c.
After final approval of the development, any proposed change to the open space management plan shall require planning board approval following a public hearing. Approved changes shall be recorded by deed and plan in the land evidence records. All hearing fees, advertising costs and recording fees shall be paid by the owner/applicant.
III.
Open space performance guarantees. Prior to planning board approval of a rural residential development, any landscaping, construction or improvement called for in the open space management plan shall be included in the overall surety agreement that covers roads and other improvements in the development. In addition to the performance guarantee and inspection requirements specified in the following articles of these regulations, final release of the surety is contingent upon the following:
a.
Recording of the open space deed that establishes ownership, use and maintenance responsibilities for the common open space.
b.
Restoration of any environmental degradation in the open space area from the construction process such as soil removal, fill, refuse disposal and harvesting of trees.
c.
Final inspection and approval by the director of public works, or the town engineer, of any required improvements in the common open space.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-81. - Road design standards and performance guarantees.#
I.
Road design standards. The following describes the alternative road standards allowed in rural residential developments. For any proposed alternative road the planning board may require additional design specifications based upon a recommendation from the director of public works or town engineer.
a.
Common driveway. A common driveway is a private accessway shared by no more than three homes, and is allowed within all three types of rural residential developments, although it would be more commonly used within rural compounds and rural frontage subdivisions. In no case shall a common driveway be used to satisfy frontage requirements under zoning. Each landowner served by a common driveway shall be liable and responsible for maintenance and repair, in whole of that portion which they have exclusive use, and in part of that portion which they have joint use.
(1)
Minimum right-of-way width (private): 30 feet;
(2)
Minimum travel width: one 15-foot lane;
(3)
Minimum curvature (centerline radius): 50 feet;
(4)
Construction standards: 3 inches of compacted processed permeable material with an aggregate no greater than ¾ inch that is suitable for road travel, maintenance, plowing etc. over 15 inches of compacted bank run or processed gravel per appendix A construction specifications.
b.
Rural compound lane. A rural compound lane is a private road serving no more than five house lots within a rural compound, and which provides frontage for the individual lots. Each landowner served by a rural compound lane shall be equally liable and responsible for maintenance and repair of the road.
(1)
Minimum right-of-way width (private): 40 feet;
(2)
Minimum travel width: two 10-foot lanes, 20 feet total;
(3)
Minimum curvature (centerline radius): 90 feet;
(4)
Construction standards: 3 inches of compacted processed permeable material with an aggregate no greater than ¾ inch that is suitable for road travel, maintenance, plowing etc. over 15 inches of compacted bank run or processed gravel per appendix A construction specifications.
c.
Rural residential lane. A rural residential lane is a public road within a rural subdivision. It shall comply with the design requirements for a local street as contained in section 23-57 of these regulations.
II.
Private road performance guarantees.
a.
An acceptable surety must be posted for all private roads. The planning board shall determine the amount of the surety based upon a recommendation from the director of public works or town engineer.
b.
In addition to the performance guarantee and inspection requirements specified in article XI guarantee of performance and inspection of improvements, final release of the surety is contingent upon the following:
(1)
A restriction on the deed for each lot fronting on the private road or driveway that the town is not liable for maintenance, and that the owners of the road cannot petition the town to make it a public road. The restriction must also be noted on the recorded plan.
(2)
An easement on the deed for each lot fronting on the private road or driveway that permits the town to either maintain, or contract to be maintained, the roadway in the event the responsible owners have not done so and the condition of the roadway would hinder the passage of emergency vehicles. The town shall either assess the homeowner's association for the full cost of the work or may proportionately assess each individual owner. Unpaid assessments shall result in property liens.
(3)
Final inspection and approval of road construction, drainage and all other improvements by the director of public works or town engineer.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-82. - Alternative utility design.#
a.
Community septic disposal systems and wells, when approved under applicable state regulatory procedures, will be permitted where they are found to enhance the purposes of rural residential developments, and where ownership and maintenance are clearly and legally delineated to the satisfaction of state and local authorities. A maintenance contract must be submitted and approval as part of the final plan.
b.
Underground utilities are preferred and may be required by the planning board.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-83. - Development standards.#
In reviewing proposed rural residential developments, the planning board shall apply the following site standards where appropriate: a.
All floodplains, wetlands and steep slopes should be protected from clearing, grading, filling and building, except as may be approved for essential infrastructure or site amenities such as trail crossings.
b.
A minimum 100-foot undisturbed upland buffer is required from all wetlands, as defined by state law.
c.
Soil constraints should be considered in the design and layout of the roads and dwellings.
d.
Wildlife habitat areas of species listed as endangered, threatened or of special concern by either the Environmental Protection Agency, or state department of environmental management should be protected.
e.
Impact to fields, pastures and agricultural areas should be minimized. If development must be located on open fields and pastures because of greater constraints in other parts of the site, dwellings should be sited on the least prime agricultural soils, or in locations at the far edge of a field as seen from the road.
f.
Historic, archeological or cultural sites and their environs, such as stone walls, spring holes, burial grounds, cellar holes and foundations, should be incorporated into the design of the development insofar as needed to safeguard the character of the feature.
g.
Common areas such as community greens, cul-de-sacs and both sides of new streets should be landscaped with native species of sustainable shade trees and flowering shrubs with high wildlife conservation value.
h.
A pedestrian circulation system should be designed to ensure that pedestrians can walk safely and easily on the site and between properties, activities or special features within the common open space system.
i.
Active recreation areas should be provided in suitable locations that offer convenient access by residents and adequate screening from adjacent house lots.
(Reg. No. 2026-1, 1-6-26)