Section 514.1 - Conservation Development
The Planning Board shall specifically authorize plans for the use, ownership, management and maintenance of all open space areas within any Conservation Development, pursuant to Section 1905 of the Zoning Ordinance.
The required open space shall be established as a lot or lots separate and distinct from the lots intended for residential or commercial development, and land dedicated as street rights-of-way, and shall comply with the terms of this section.
A. Resources to be conserved
The design of open space lands in any Conservation Development shall reflect the standards set forth in this subsection 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).
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 viewsheds 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. Location
The location of the open space shall be determined during the initial design phase of the project and with the input of the Planning Board. The configuration of proposed open space lands set aside for common use in a Conservation Development shall comply with the following standards:
1. Open space shall be placed in undivided preserves which will be adjacent to the largest number of lots within the development as possible.
2. Open space 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. Required open space shall adjoin open space on adjacent parcels, forming an interconnected network. Areas of open space open to the public in the form of trails and access to significant and natural and cultural features are encouraged. Open space shall be interconnected wherever possible to provide a continuous network of greenway lands within and adjoining the subdivision;
4. Whenever possible, open space shall be undivided by public or private streets, except where necessary for proper traffic circulation;
C. Use & Development
Open Space shall:
1. Be free of all structures except historic buildings or structures, stone walls, and structures related to open space uses. The Planning Board may grant approval of structures and improvements required for storm drainage and privately owned and maintained water supply within the open space provided that such facilities would not be detrimental to the purpose for which the open space is proposed. Placement of individual sewage disposal systems (ISDS) within the open space shall be permitted only by the granting of a waiver by the Board.
2. 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;
3. Be interconnected wherever possible to provide a continuous network of greenway lands within and adjoining the subdivision;
4. Provide buffers to adjoining parks, preserves or other protected lands;
5. Provide for pedestrian pathways for use by the residents of the development.
6. Provisions made for access to the open space lands by municipal personnel, as required for land management and emergency purposes;
7. Be suitably landscaped either by retaining existing natural cover and wooded areas and/or according to a landscaping plan to protect open space resources;
D. Ownership
1. Ownership of open space lots shall be vested in a legally viable entity pursuant to Section 1905(A) of the Zoning Ordinance, which shall be responsible for the use and maintenance of the open space. Documents specifying the form of ownership for the open space parcel(s) shall be submitted to the Planning Board for approval. The Planning Board shall have the right to approve, modify or reject the proposed form of ownership if the proposed form of ownership does not adequately provide for control and maintenance of the open space.
2. If ownership of open space is conveyed to lot owners within the CSD, at a minimum the following standards of ownership and management of open space shall be met:
a. If the required open space is to be owned in common by all the lot owners within the CSD, the deed to each lot shall include a fractional interest in the common open space in an amount inversely proportional to the number of lots or dwelling units in the development. The deed shall also include all covenants, restrictions and easements which shall be imposed upon the use, management or maintenance of the open space in order to provide for the necessary control and requisite upkeep of the open space.
b. The applicant or developer shall provide for and establish a homeowners association or indicate an alternate method for the use, care and maintenance of all open space lands and improvements. Unless otherwise allowed by the Planning Board, membership in the homeowners association shall be mandatory for all landowners within the CSD, and each lot shall be entitled to equal representation. The Planning Board shall review the by-laws of the homeowners association to ensure adequate provision for the maintenance of open space is provided.
c. If the condominium form of ownership is proposed, the open space shall be a common element or a portion of the common elements of the condominium, in accordance with the provisions of Chapter 34 36-1 of the General Laws of Rhode Island.
E. Maintenance
The Planning Board may require specific provisions for maintenance of open space, private streets, drainage systems and utilities including requirements for security and including maintenance bond, as provided in the Rules and Regulation Regarding the Subdivision of Land. At a minimum, a Management Plan for the open space detailing ownership, use and maintenance responsibilities shall be developed for the Open Space and must be approved by the Planning Board; such plan may be modified with Planning Board approval. In the event of failure of a homeowners' association to maintain any common open space, recreation areas, landscaping features, or other required improvements, the Town may enter into said development and perform such necessary maintenance work and charge the cost, including attorney fees, to the owner.
F. Excavation, Grading, and Disturbance
1. Areas proposed to fulfill the minimum open space requirement within a Conservation Development shall not be excavated or regraded, except as permitted by the Planning Board. Clearing and excavation of open space areas may be permitted only for the installation of stormwater retention or detention facilities, other drainage facilities, or for permitted utilities, park, open space, recreational, agricultural or forest management uses in accordance with a plan approved by the Planning Board.
2. 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.
3. 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.
Section 514.2 - Conventional Development
A. The Planning Board may require the applicant to dedicate a portion of the land being subdivided for the purpose of providing recreation areas, open space, conservation areas, or areas of historic significance or natural beauty for the benefit and enjoyment of the present and/or anticipated future residents of the plat. Requirements for the dedication of recreation land are set forth in the Comprehensive Community Plan. The minimum amount of recreation land so dedicated must be at least eleven (11) acres per one thousand (1,000) of the estimated population of the plat.
B. Requirements for the dedication of conservation areas, natural or scenic areas of historic sites shall be based upon the specific features of the land and dedication of land reasonably necessary to accomplish the intended purpose.
C. Land dedicated in accordance with this section may be dedicated to the Town of Middletown, to the State of Rhode Island, to a recognized public, quasi-public, non-profit or private organization, or may be privately
owned. If retained in private ownership, said land shall be covered by an easement granted to the Town of Middletown sufficient to ensure its perpetual maintenance as conservation, open space or recreation land, and to render the land permanently available for the use and enjoyment of the residents of the subdivision. Where land is to be maintained in private ownership, a maintenance plan detailing the ongoing responsibilities for use and maintenance of the land shall be submitted for Planning Board approval, and shall be incorporated by reference in the maintenance easement.
D. Where, by virtue of the location, size or character of the proposed subdivision, such as a dedication of land would not serve the intended purposes, the Planning Board may waive such requirement.