The purposes of this section [article], entitled "Conservation Developments," are:

A.

To conserve open land by setting aside from development those areas containing unique and sensitive natural features such as woodlands, steep slopes, streams, floodplains, wetlands, reservoirs and their drainage areas, and agricultural lands;

B.

To preserve historical, agricultural and archaeological resources;

C.

To provide greater design flexibility and efficiency in the siting of services and infrastructure, including the opportunity to reduce length of streets, utility runs, and the amount of paving required for residential development;

D.

To provide for a diversity of lot sizes and layouts;

E.

To provide housing choices for various age and income groups and residential preferences to maintain population diversity in the community;

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 greenway/trail system within the town;

H.

To implement land use, housing, environmental and open space policies as set forth in the comprehensive plan;

I.

To protect areas with productive agricultural soils for 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 strong neighborhood identities;

K.

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

L.

To conserve and create scenic views and preserve the rural character of the town, particularly along existing streets;

M.

To provide buffers between new developments and existing neighborhoods, delicate natural features and habitats; and,

N.

To encourage low impact development (LID) techniques to control and reduce stormwater impacts.

(Ord. of 2-3-2025(1), § 1(Exh. A))

A.

In accordance with the standards set forth in this section, the planning commission shall require all subdivisions or land development projects of five or more residential lots to be developed in the form of a conservation development, whether a subdivision or not, except as provided in subsection B, below, only in the RR-200, RR-80, R-40 and R-20 zoning districts.

B.

If an applicant requests approval of a conventional subdivision, the planning commission shall first require the applicant to submit a plan(s) of a conservation development for the property proposed for development, following the requirements and procedures for conservation developments provided in this section. As a comparison, the applicant shall also submit plan(s) for the conventional type of development requested. If the commission finds that the conventional subdivision meets the general purposes of the subdivision and land development regulations and is consistent with the comprehensive plan, and after consideration of the purposes of conservation developments set forth in section 82-1500 herein, the commission may permit the application to be reviewed in a form other than conservation development. For subdivisions or land development projects, the commission may make this determination at the pre-application meeting, but no later than the master plan stage of review.

C.

The planning commission may not require an application for a conventional subdivision of less than five lots to be submitted as a conservation development. Applications seeking approval of either a conventional subdivision or a minor conservation development if of less than five lots shall be at the discretion of the applicant.

D.

Administrative subdivisions and subdivisions that create lots which are not for the purpose of present or future development (e.g., open space lots) shall not be required to be developed as a conservation development.

(Ord. of 2-3-2025(1), § 1(Exh. A))

In R-20 Zoning Districts, all conservation developments must be provided with public water and sewer service. Privately-owned wells and onsite wastewater treatment systems (OWTS) shall not be allowed for individual lots in a conservation development in this zoning district.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The following residential uses are permitted by right (Y) in a conservation development, unless otherwise noted:

A.

Single-family dwelling (in RR-200, RR-80, R-40 and R-20 Districts);

B.

Two-family dwelling or duplex (in R-20 District only);

C.

Multi-family dwelling structure, 3-4 units (in R-20 District only);

D.

Multi-family dwelling project (in R-20 District only);

E.

Accessory dwelling units shall be permitted per section 82-1201. These units shall not count towards the maximum number of dwellings allowed in a conservation development;

F.

Community residence;

G.

Family day care home.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The maximum number of dwelling units permitted in a conservation development shall be increased for the development of low- and moderate-income housing as provided in article 16. Where a conservation development of four or more dwelling units is submitted to the planning commission for review and approval, the commission shall require at least 20 percent of the units to qualify as affordable housing, as defined in this chapter. All the provisions of section 82-1605 entitled "Inclusionary zoning" shall apply, including density bonus provisions. Lot dimensional requirements and the minimum amount of required open space shall be modified by the planning commission in order to accommodate the increased number of total housing units. Provided, however that any reduction in the minimum amount of required open space shall be the least amount required to accommodate the increase in density.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The open space in a conservation development shall be devoted only to conservation purposes; for park and passive recreation uses; or for the preservation and management of agricultural, habitat or forestry resources. The following provisions shall apply:

A.

Any agricultural use listed in Table 6-1 - Permitted Uses in Subsection III - Agricultural Uses. Uses marked with a Y are permitted by right; uses marked with an S are permitted by special use permit; uses marked with an N are prohibited in a conservation development.

B.

In all conservation developments, the uses listed below shall be permitted by right within the open space areas.

• Reservations for the production or protection of wildlife, including conservation lands, wildlife preserves, forest management activities and woodlots.

• Passive recreation, hiking trails and walking trails.

C.

In all zoning districts where conservation developments are permitted, stormwater drainage areas may also be allowed in open space areas subject to the approval of the planning commission in accordance with the applicable provisions of the subdivision and land development regulations.

D.

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

E.

The required amount of open space in a conservation development shall be as provided in subsection 82-1509 B of this article, below.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The maximum number of dwelling units permitted in a conservation development shall not exceed the number of single-family lots (or dwellings) which could reasonably be expected to be developed upon the conservation development site under a conventional yield plan as defined in section 82-104 herein, and as further described in article IV.A.10 (Basic maximum number of dwelling units) of the subdivision and land development regulations.

(Ord. of 2-3-2025(1), § 1(Exh. A))

Land unsuitable for development as defined in section 82-104 may be included as part of any lot in a conservation development but may not be included in the calculation of minimum lot area as provided in Table 15-2 below. In addition, land unsuitable for development may be included as part of any open space area but may not be included in the calculation of minimum required open space as provided in Table 15-1 below.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The dimensional regulations provided in Table 15-2 below shall apply to all lots in a conservation development proposed as building lots for single or two-family dwellings.

(Ord. of 2-3-2025(1), § 1(Exh. A))

Every conservation development shall provide protected open space in accordance with the following requirements and 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 Table 15-1 below. None of the minimum required open space area shall be devoted to land unsuitable for development as defined herein.

Table 15-1

C.

Open space provided by a conservation development for public or common use, shall either (1) be conveyed to and accepted by the town for park, open space, agricultural, or other permitted use or uses; or (2) be conveyed to and accepted by a nonprofit organization, the principal purpose of which is the conservation of open space or resource protection; or (3) be conveyed to and accepted by 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; or (4) remain in private (non-common) ownership if the use is limited to agriculture, habitat or forestry. In accordance with the comprehensive plan and this zoning ordinance, it shall be determined that private ownership is necessary for the preservation and management of the agriculture, habitat or forest resources. In such cases, the planning commission, as part of its review of a conservation development, shall make positive findings as part of the record, setting forth the basis for such ownership.

D.

The planning commission 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.

All open space land provided by a conservation development or other land development project shall be subject to a management plan approved by the planning commission that will specify the permitted uses for the open space.

F.

In any case where the land is not conveyed to the town, a restriction, in perpetuity, enforceable by the town and 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 except as approved by the planning commission.

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 pursuant to G.L. 1956, tit. 34, ch. 39, as amended.

H.

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 G.L. 1956, tit. 34, ch. 39, as amended and/or homeowner restrictive covenants. the planning commission 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 or any improvements thereon, 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."

Notes:

1. The planning commission may authorize Modifications to the lot width as provided in section 82-602.4 of this chapter.

2. Each lot contains two dwelling units. The total number of permitted two-household dwelling structures in a conservation development would be one-half the number of single family dwelling units. See section 82-1506.

3. Where multifamily dwellings of three or more units per structure are proposed to be developed upon a single lot, including attached townhouse or condominium projects, the dimensional provisions of section 82-1200 shall apply.

(Ord. of 2-3-2025(1), § 1(Exh. A))