The purposes of conservation developments are:

(1)

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

(2)

To preserve historical and archaeological resources;

(3)

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 paving required for residential development;

(4)

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;

(5)

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

(6)

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

(7)

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

(8)

To protect areas of the town with productive agricultural soils for continued or future agricultural use by conserving blocks of land large enough to allow for efficient farm operations;

(9)

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;

(10)

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

(11)

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

(12)

To provide a buffer between new development and existing streets and neighborhoods.

(Ord. No. 06-06, § 4, 4-10-2006)

(a)

The planning commission may approve, as a land development project, a conservation development only in the following zoning districts: VLDR200, LDR12O, RR8O, NR4O, VR2O and PVD.

(b)

Administrative subdivisions and subdivisions that create lots which are not for the purpose of present or future development shall not be required to be developed as a conservation development.

(c)

In accordance with the standards set forth in article IX of the zoning ordinance, the planning commission may not require that any major or minor subdivisions or land development projects be developed as a conservation development, whether a subdivision or not. Applications for a major or minor conventional subdivision shall be at the discretion of the applicant.

(d)

The planning commission shall not require an application for a residential compound to be submitted as a conservation development. Applications for approval of a residential compound shall be at the discretion of the applicant, subject to the provisions of article XVII of this chapter, and in accordance with the procedures and standards set forth herein for minor or major land development projects.

(Ord. No. 06-06, § 4, 4-10-2006)

The following uses are permitted (P) in a conservation development:

(1)

Single-family dwellings.

(2)

Two-family dwellings.

(3)

Townhouses, up to a maximum of four (4) dwelling units per building.

(4)

Uses customarily accessory and subordinate to residences.

(5)

Community centers, recreation facilities and similar structures designed for the use of the residents of the conservation development, and their guests.

(Ord. No. 06-06, § 4, 4-10-2006)

The maximum density for a conservation development shall not exceed the number of lots (or dwelling units) which could reasonably be expected to be developed upon the conservation development site under a yield plan as defined in section 21-22 herein. The planning commission shall make this determination in accordance with the following procedure.

(1)

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 dwelling units that could reasonably be expected to be developed as a conventional subdivision upon that parcel under a yield plan as defined herein. The applicant for approval of a conservation development 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 commission's determination of the basic maximum number shall be conclusive.

(2)

Yield plans shall be prepared by the applicant as conceptual layout plans in accordance with the pre-application checklist (checklist B, subdivision and land development regulations). Yield plans shall show proposed streets, lots, rights-of-way, land unsuitable for development and other pertinent features. Although the yield plan must be drawn to scale, it need not be based on a field survey, nor shall it include field verified wetlands. However, 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 21-22, existing easements or encumbrances and the suitability of soils for subsurface sewage disposal.

(3)

The yield plan shall also reflect the dimensional standards for uses being proposed, as contained in article IV, dimensional regulations, and table 2A-2C, or other applicable dimensional requirement of this zoning ordinance. The yield plan must identify how conventional lots or uses could be developed having the required area not including land unsuitable for development, frontage and other dimensional requirements of the zoning ordinance.

(4)

On sites served by individual sewage disposal systems (ISDS), density shall be further determined by evaluating the number of dwelling units 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 dwelling units proposed to be serviced by an ISDS that requires the granting of a variance by the state department of environmental management. The planning commission 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 mad during the site visit to the property, and/or upon other evidence available to the commission at any time during the development review process.

(5)

At the pre-application stage of review, the planning commission shall discuss the basic maximum number of lots/dwelling units permitted in a development. This initial determination shall not be binding upon the commission or applicant, but shall provide guidance and direction to the applicant regarding the maximum number of lots or dwelling units that appear to be feasible, taking into account the physical constraints to development present on the site. 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 commission 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 made at the final stage of review.

(6)

In developments that require alteration to be made to freshwater wetlands, the commission may establish an initial basic maximum number contingent upon confirmation by the state department of environmental management that such alterations are permitted under the provisions of the Freshwater Wetlands Act.

(7)

Accessory dwelling units shall be excluded from the determination of the number of dwelling units allowed under a yield plan and shall not be counted as dwelling units in the determination of development to subsequently be permitted, whether the conservation development was approved before or after adoption of this provision. Provided, however, that the maximum number of permitted dwelling units in the conservation development site shall not be increased by a factor of more than 1.5 above the basic maximum number where granted a zoning incentive as provided in section 21-215.

(Ord. No. 06-06, § 4, 4-10-2006; Ord. No. 07-23, § 5, 9-24-2007)

The planning commission may award a zoning incentive so as to increase the number of dwelling units in a conservation development beyond the basic maximum number; provided, however, that the maximum number of permitted dwelling units in the conservation development site shall not be increased by a factor of more than 1.5. An incentive may be awarded in the following circumstances:

(1)

The number of single household dwelling units in townhouses only having one or fewer bedrooms, including so-called "studio units" may be increased by a factor of 1.5 for the purpose of calculating the basic maximum number; and/or,

(2)

The number of single household dwelling units in townhouses only having a maximum of two bedrooms may be increased by a factor of 1.5 for the purpose of calculating the basic maximum number; and/or

(3)

Where the planning commission determines that occupancy of the dwelling unit in the conservation development is limited to adults 55 years of age or older, subject to the exceptions set forth in the Federal Fair Housing Act, the Basic Maximum Number of permitted dwelling units in the development may be increased by a factor of 1.5; and/or,

(4)

Where the planning commission 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:

(5)

The planning commission 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 commission 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 commission as a condition of approval. This dwelling may contain more than two bedrooms.

(6)

Zoning incentives pursuant to this section shall not be permitted in a groundwater overlay district.

In computing the number of incentive dwelling units, all figures shall be rounded down. Except as provided in subsection 21-215(e) above, dwelling units qualifying as incentives herein shall be subject to deed restrictions approved by the planning commission's legal counsel limiting the number of bedrooms to two or less.

(Ord. No. 06-06, § 4, 4-10-2006; Ord. No. 07-23, § 6, 9-24-2007)

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.

Lots utilizing town water shall meet the following minimum requirements:

Lots not utilizing Town Water shall meet the following minimum requirements:

Accessory structures in a conservation development.

Lots utilizing town water shall meet the following minimum requirements:

*No accessory structures shall be located in front of the principal structure except by special use permit.

Lots not utilizing town water shall meet the following minimum requirements:

*No accessory structures shall be located in front of the principal structure except by special use permit.

Note: The density and dimensional requirements for conservation developments in the planned village district shall be as provided in section 21-64 of this chapter.

(Ord. No. 06-06, § 4, 4-10-2006; Ord. No. 07-12, § 7, 6-11-07; Ord. No. 07-23, § 7, 9-24-2007)

The open space in a conservation development shall be devoted only to conservation purposes or for park, recreation and agricultural purposes. Stormwater drainage areas and well placement may also be allowed if permitted by the planning commission in accordance with the subdivision and land development regulations.

(1)

Uses permitted within the open space of a conservation design subdivision shall be in accordance with the development restrictions placed in the conservation easement that is to be granted to the town.

In addition, the following specific uses are permitted:

a.

Conservation of land and other natural resources;

b.

Agricultural uses, as provided in article III, land use table of this chapter. The prohibition of any such use (N) or the requirement to obtain a special use permit (S) as provided in this table shall apply;

c.

Privately owned and maintained wells for individual uses within the Conservation Development;

d.

Privately owned and maintained community wells for uses within the Conservation Development;

e.

Subdivision parks; and,

f.

Community centers, recreation facilities and similar structures designed for the use of the residents of the conservation development

Placement of individual sewage disposal systems (ISDS) within the open space shall be permitted only by the granting of a waiver from the requirements of the subdivision and land development regulations by the planning commission. The only grounds for such a waiver shall be where the literal enforcement of one or more of the provisions of the regulations is impractical and will exact undue hardship because of peculiar conditions pertaining to the land in question or where such waiver is in the best interest of good planning practice or design as evidenced by consistency with the comprehensive plan and this chapter.

Where ISDS and/or wells are proposed to be located within the open space area of a conservation development, the planning commission may, as a condition of approval, require that a capital fund be established to cover future maintenance of these utilities. The commission shall set the requirements for this capital fund to be administered by a home owners' association, by individual lot or dwelling unit owners, or other organization approved by the commission.

(Ord. No. 06-06, § 4, 4-10-2006)

(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 include land unsuitable for development as defined in article I, section 21-22.

(c)

This minimum required area shall be in addition to any open space used for stormwater drainage facilities. Provided, however, that the planning commission may allow stormwater 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, streambelts 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 article 13.2 of the subdivision and land development regulations, or with the general purposes of these regulations.

Where stormwater drainage facilities are approved by the commission to be located within common open space areas, the commission shall require legal documents to be recorded along with the approved plat that clearly specify maintenance responsibilities. In addition, the applicant shall prepare for approval by the commission a maintenance plan for the facilities as part of the open space use and management plan as provided in article 13.12.a of the subdivision and land development 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 commission may limit 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 RIGL tit. 34, ch. 39, 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 RIGL tit. 34, ch. 39, as amended. 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, 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."

(Ord. No. 06-06, § 4, 4-10-2006)

The planning commission may require a vegetated buffer between new development and existing streets, neighborhoods, active farmland, adjacent park or conservation land, or other surrounding uses or areas in accordance with the following standards:

If property abutting the proposed conservation development contains developed residential building lots, or if there are existing residential structures within 100 feet of the perimeter of the conservation development, the following conditions shall apply:

(1)

Structures in the conservation development must be located to meet at least the minimum rear yard setback as provided in section 21-216, and,

(2)

A permanent buffer along the perimeter of the conservation development shall be established, providing for the preservation of existing trees or other vegetation or for the planting of new vegetation having adequate density, height and type of vegetation, in order to provide an all-season visual and audio screen between the conservation development and adjacent land uses. This buffer may be provided in either of two alternative forms, to be determined by the planning commission:

a.

A separate open space lot or lots as provided in section 21-218 above, entitled "open space in conservation developments;" or,

b.

A permanent easement along the perimeter of the conservation development to be located along the rear or side property line of the proposed lot or lots that abut the perimeter of the conservation development. Said easement shall run in favor of the town and shall be for conservation or open space purposes only. Where such easements are located on privately owned lots, they shall not be counted toward the minimum required open space area.

(3)

The width of the required perimeter buffer shall be at least 50 feet provided, however, that the planning commission may reduce this width to a minimum often ten feet. In making this determination, the planning commission shall consider the following factors:

a.

The nature of adjacent land uses existing at the time of master plan review (or preliminary review for a minor subdivision or land development project);

b.

The nature of proposed or projected future land uses on adjacent property;

c.

The physical characteristics of adjacent property (e.g., wetlands, slopes, stone walls, etc.);

d.

The ownership of adjacent property (e.g., private, public, non-profit conservation, etc.);

e.

The zoning of adjacent property;

f.

The land use classification of adjacent property as provided on the comprehensive plan land use plan map.

If lots on the outer perimeter of the proposed conservation development are not contiguous to developed residential building lots outside the conservation development, the planning commission shall determine if a buffer is required.

Lots on the outer perimeter of the proposed conservation development, which are directly adjacent to a public street, must be separated from said public street by a thickly wooded buffer or screen of at least 100 feet in depth along the entire street frontage, except for any necessary access streets. On sites where there is little or no existing vegetation along an existing public street, consideration shall be given to creation of a new parallel street separated from the existing public street by a foreground meadow as described in the subdivision and land development regulations.

If development within the conservation development is such that individual building lots are not being created (i.e., subdivision) but that buildings are proposed to be located on a single lot (i.e., condominium) or combination thereof, the provisions stated above with regard to buffer areas shall be interpreted to apply to the setback, screening and location of individual buildings.

(Ord. No. 06-06, § 4, 4-10-2006)

Nothing contained in this article shall affect the validity of any cluster development which was given final approval by the decision of the planning commission prior to January 11, 1982, and the validity of and uses permitted within such a cluster development shall be governed by the ordinances that were in effect on the date that such final approval was given only if the approved plat or plan and legal documents concerning such development were or are recorded in the records of land evidence of the town no later than six months after January 11, 1982. Furthermore, nothing contained in this article shall prevent the planning commission from giving final approval to any cluster development to which the planning commission gave preliminary approval prior to November 23, 1981. If such final approval is given by the planning commission, the validity of and the uses permitted within such a cluster development shall be governed by the ordinances that were in effect on the date that such preliminary approval was given only if the approved plat or plan and legal documents concerning such development or compound are recorded in the records of land evidence of the town no later than one year after January 11, 1982.

(Ord. No. 06-06, § 4, 4-10-2006)

(a)

Density. The total number of residential dwelling units permitted on any cluster development shall be equal to the number of units allowed at the time of approval by the planning commission. Accessory structures including accessory dwelling units shall be permitted in accordance with article III, land use table, and section 21-325(7) and (16) as applicable.

(b)

Dimensions. The minimum lot dimensions shall be in accordance with the following table:

(Ord. No. 10-06, § 3, 4-26-2010)