ARTICLE XVIII. - CONSERVATION DEVELOPMENT
Part of the Code of Ordinances of Tiverton, RI.
The text
Sec. 23-196. - Purpose.#
a.
The purpose of Conservation Development subdivision or land development projects is to allow the flexibility to design residential development to achieve the following objectives, not listed in any order of priority, pursuant to the Tiverton Comprehensive Community Plan as it relates to resource protection, land use and community services:
1.
To conserve and link sensitive natural resources, including, but not limited to, forests, waterbodies, riparian areas, groundwater resources, reservoirs and habitat areas;
2.
To protect the quality and quantity of the town's groundwater drinking water sources and surface waters for public health and environmental quality;
3.
To develop a greenway system of connected areas of protected open space to be used for natural habitat and wildlife corridors;
4.
To protect historical and archaeological resources, and to conserve and create scenic views and preserve the rural character of the town;
5.
To more effectively apply low impact development site design and stormwater management practices as the required standard to avoid, reduce and manage runoff to the maximum extent practicable;
6.
To provide greater design flexibility and efficiency in the siting of services and infrastructure, including the opportunity to reduce length of roads, utility runs and the amount of impervious surfaces required for residential development;
7.
To allow for and encourage a diversity of lot sizes 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;
8.
To encourage more sustainable and resilient development;
9.
To create neighborhoods with direct visual and/or physical access to open space land; and
10.
To provide for the appropriate management of protected open space.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-197. - Applicability.#
a.
Conservation Development applications are authorized by Article XXVI of the Tiverton Zoning Ordinance and subject to the provisions of this section. Conservation Development is required for any subdivision or land development project that results in the creation of four units and/or lots for development. The application shall be processed as a minor or major land development or subdivision as determined by these regulations.
b.
The Planning Board may permit a conventional development where Conservation Development would otherwise be required if the applicant can prove to the satisfaction of the Planning Board the following:
1.
That a conventional subdivision will serve the best interests of the town, and where such conventional subdivision is found to be consistent with the intent and purposes of these regulations, is not based on economic considerations, and will provide the best site layout and design.
2.
In addition, for single-family developments lacking public water and/or sewer, the applicant must prove that conformance with Rhode Island Department of Environmental Management ("RIDEM") On-site Wastewater Treatment System ("OWTS") standard setbacks would yield less units than a conventional subdivision.
c.
Conservation Developments that are under the authority of the Administrative Officer, as determined by these regulations, shall only be permitted to proceed as a conventional development if the Planning Board has expressly authorized such an application as follows:
1.
The applicant shall submit to the Planning Board a written explanation for why the project should proceed as a conventional development. At its next scheduled meeting after receipt of the written explanation, the Planning Board shall hold a public meeting to determine whether the project may proceed as a conventional development.
2.
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 a site visit to the property, and/or upon other evidence available to the Planning Board at any time during the development review process.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-198. - Uses and dimensional regulations.#
a.
The permitted uses and dimensional regulations applicable to a Conservation Development shall be a provided in the Tiverton Zoning Ordinance under the provisions of Article V and Article XXVI.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-199. - Lot dimensions and modifications of lot requirements.#
a.
The minimum lot size for a Conservation Development shall be as contained in Article V and Article XXVI of the Tiverton Zoning Ordinance.
b.
At the request of the applicant, lot area, shape, and other dimensions permitted for a lot under a Conservation Development can be modified from those required for a conventional lot, however, the minimum lot dimensions are contained in Article XXVI of the Tiverton Zoning Ordinance.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-200. - Maximum density.#
a.
The maximum number of lots or units permitted in a Conservation Development shall be the number of lots or units which would be allowed under a conventional development application.
b.
The number of lots or units permitted in a Conservation Development shall be determined by the submittal of a yield plan, as defined in these regulations under Article X, Section 23-53 II(V) and accepted by the Planning Board. The yield plan shall be informed by evaluating the number of dwelling units or other uses that could be supported by conformance with RIDEM OWTS standards. Lots or dwelling units shown on a yield plan shall not include lots or dwelling units proposed to be serviced by an OWTS that requires the granting of a variance or other deviation from published OWTS standards by RIDEM.
c.
The permitting authority shall complete their initial review of a yield plan and maximum number of lots and/or units at the first stage of review for all applications. The applicant shall use this initial determination as the basis for submission of more detailed information during subsequent phases of review.
d.
Upon further investigation and review of more detailed information as may be provided in subsequent phases, the number of lots may be increased or be reduced based on an updated yield plan submitted by the applicant.
e.
An accurate yield plan, as determined under Article X, Section 23-102.II of these regulations, shall be submitted at each phase of the subdivision unless otherwise determined by the appropriate permitting authority.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-201. - Conservation development design process.#
a.
Pre-Application Meeting. The Administrative Officer will schedule a pre-application meeting at which the applicant and the permitting authority may informally discuss the proposed subdivision. During the pre-application conference, a site walk with the applicant may be scheduled so the Planning Board members and other applicable municipal officials can become more familiar with the property. For pre-application meetings, the applicant shall submit the information required by the pre-application checklist.
b.
Site Walk. Prior to the submission of a formal application, a site walk with the Planning Board may be undertaken at the determination of the permitting authority to reach a consensus on the sensitive noteworthy natural, cultural and potential recreational resources on the parcel, and to determine the best options for development which include identifying areas to be preserved or incorporated into the common open space. The site walk shall be held and noticed as a public meeting, permitting public attendance.
c.
Ten Step Process. The design of a Conservation Development shall follow the design process specified in the following steps. Some steps can be done simultaneously, and all are integrated into the review process for a major or minor subdivision. The applicant can use existing RI Geographic Information System data for conceptual designs to be supplemented with site specific field verification of wetlands, other constraints to development and other natural, cultural and recreational site features that may be located on the parcel. 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 application is submitted for the first stage of review, the applicant shall demonstrate to the permitting authority that this design process was considered in determining the layout of proposed streets, building locations, and open space.
Step 1 - Analyze the site. The first step is to identify and map all the constraints to development as defined herein. Next is to inventory existing noteworthy natural, cultural and recreational site features, and determine the connection of these important features to each other, adjacent parcels and priority for protection. For the master plan phase, this information shall be submitted in the form of an existing resources and site analysis map, as specified in subsection 23-202 below.
Step 2 - Evaluate site context. The second step is to evaluate the parcel in its larger context of the neighborhood and town by identifying natural, cultural and recreational resources that may be impacted by the development of the parcel. This information shall be submitted in the form of a site context map, as specified in subsection 23-202 below.
Step 3 - Determine maximum number of house lots. At the master plan phase for a major subdivision, or at the preliminary plan phase for a minor subdivision, the applicant and permitting authority shall agree upon a number of house lots that will be permitted in the conservation development, using the yield plan approach as described in Article X, Section 23-102.II of these regulations. This number shall not be greater than what would be permitted under a conventional subdivision.
Step 4 - Designate potential conservation areas. The fourth step is to identify the areas on the site to be preserved as open space. The open space shall at a minimum include portions of the site that have constraints to 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 community plan.
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 concept plan overlain on appropriate site mapping, as described in subsection 23-202 below. These alternative plans shall be substantially different and avoid or minimize development impacts, to the extent possible, to the potential conservation areas identified in step 4. The permitting authority shall review how each alternative impacts the viability of the development plan, versus the benefits to the town of each approach. This concept plan shall be further refined for re-submission and discussion between the permitting authority and applicant during subsequent phases of review, as an overlay to the existing resources and site analysis map.
Step 6 - Locate the house sites. The sixth step is to locate the most suitable location(s) for house 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 house sites, a street plan shall be designed to provide vehicular access to each house, complying with the standards herein and bearing a logical relationship to topographic conditions. Detailed information regarding low impact development stormwater management, water supply and wastewater treatment, trails, sidewalks and other infrastructure are also provided during this step.
Step 8 - Draw in the lot lines. Upon completion of the preceding seven steps, the next step is simply to draw in the lot lines to delineate the boundaries of individual residential lots.
Step 9 - Design and program open space. Details regarding the use, design, ownership and management of proposed open spaces shall be developed throughout 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 permitting authority and input from other interested and relevant parties, these concepts shall be clarified during the approval process to establish as clear an approach to the use and maintenance of open space as it does for development areas.
Step 10 - Establish ownership and management of open space and other community elements. At the preliminary plan phase for a major subdivision, or at the final plan phase for a minor subdivision, a more detailed open space use and management plan as described in subsection 23-203 below shall be submitted.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-202. - Mapping requirements.#
a.
Concept plans. The design process described above shall be documented by the applicant and presented to the permitting authority. To expedite this process, conceptual plans for development shall be presented as overlays superimposed on top of more detailed site surveys and environmental data (at the same scale).
1.
The concept plan should not be an engineered site plan.
2.
The concept plan shall be submitted both electronically and in hard copy as determined by the Planning Department.
3.
At the pre-application phase of review, the initial concept plans may be presented as overlays to survey plans, topographic maps or aerial photographs of the parcel(s) proposed for development.
4.
At the first stage of review, the concept plan of the development shall be presented as an overlay to the existing resources and site analysis map.
b.
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 meet the following requirements:
1.
Drawn to a scale of 1 inch = 400 feet, or as necessary to show the area within two miles of the subdivision parcel;
2.
Location of all streets, existing lot lines, and zoning district boundaries;
3.
Existing developed areas, open spaces, conservation areas, parks, wetlands, rivers and streams, agricultural areas, RI conservation opportunity areas, floodplains or flood hazard areas, aquifers, and significant public facilities; and
4.
Topography at two-foot contour intervals.
c.
Existing resources and site analysis map. All Conservation Development applications shall be required to prepare an existing resources and site analysis 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.
d.
The Planning Board shall review the map to assess its accuracy, conformance with local regulations, and likely impact upon the natural and cultural, and recreational resources on the property. Unless otherwise specified by the Planning Board, such plans shall generally be prepared at the scale of 1 inch = 100 feet or 1 inch = 200 feet, 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. Upon review and approval by the Planning Board, a composite map of all resources may be requested. The following information shall be included in this mapping:
1.
Topography and slopes. Topographic mapping determined by photogrammetry or on-site survey prepared by a professional land surveyor, showing contours at two-foot intervals. Slopes between fifteen percent (15%) and twenty-five percent (25%) and exceeding 25% shall be clearly indicated by distinct shading on the map, and the area in acres indicated within each category of slope.
2.
Natural Resources Inventory.
i.
Sensitive natural resources as identified on the site analysis map that will need a buffer from development such as cold-water streams, vernal pools, bogs and special aquatic sites, as well as sensitive or endangered plant and animal habitats.
ii.
Conservation opportunity areas, existing agricultural uses, prime farmland soils and soils of statewide importance, ground water reservoirs and recharge areas, well head protection areas, drinking water supply watersheds and floodplains.
iii.
Vegetative cover conditions on or adjacent to the property, according to general cover type including cultivated land, agricultural land, grassland, meadow, pasture, old-field, unfragmented forest of 100 acres or greater and dominant forest type such as mixed oak, oak/pine, red maple etc.
iv.
Soils as classified by the hydrologic soil group, depth to seasonal high-water table, and presence of restrictive layers such as hardpan and bedrock. RIGIS soil maps or other current digital soil surveys should be used (in place of the outdated 1981 Soil Survey of Rhode Island). Where on-site soil evaluation is required for OWTS suitability determination or where soil permeability and infiltration is required for stormwater treatment systems, results for seasonal high-water table, depth to restrictive layer, and hydrologic soil group shall be compared with the digital soil survey. Where the soil survey is inconsistent with the field data, the applicant shall be required to obtain a field verification of the site-specific soils by a professional soil scientist.
v.
Other unique natural resources as may be determined by the Planning Board during the site visit.
3.
Cultural Resources Inventory.
i.
Location of all historically significant sites or structures on the parcel, including, but not limited to, cemeteries, stone walls, cellar holes, foundations and known archaeological resources.
ii.
A viewshed 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.
iii.
All existing man-made features including, but not limited to, driveways, farm roads, logging roads, buildings, foundations, walls, wells, dumps and excavated areas.
4.
Recreational Resources Inventory.
i.
Location of trails that have been in public use, as well as historic trails (pedestrian, equestrian, bicycle, etc.).
ii.
Boat launches, stream access locations and water trails.
iii.
Existing play fields and recreation areas.
5.
Utilities and Infrastructure.
i.
Location of all easements and other encumbrances of property, which are or have been filed on record with the land evidence records of the town.
ii.
Location of all streets and utilities.
6.
Other Resources.
i.
Other unique resources that may be identified by the Planning Board.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-203. - Open space requirements.#
a.
Open space protection space required. Every conservation development subdivision shall provide protected open space in accordance with Article XVII of the Tiverton Zoning Ordinance.
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 fifty percent (50%) 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 fifty percent (50%) 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 seventy-five (75) foot no-cut buffer, and up to twenty-five percent (25%) 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:
i.
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
ii.
Be conveyed to a nonprofit organization, the principal purpose of which is the conservation of open space or resource protection; or
iii.
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.
i.
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 shall be recorded by the applicant providing that the land shall be kept in open space. 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 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.
(Reg. No. 2026-1, 1-6-26)