Purpose. 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.

(Ord. No. 2024-0008, 6-24-24)

1.

Conservation development is required for any subdivision or land development project of four lots or more or any subdivision or land development project of four units or more in any zone, excluding mixed use residential developments and rural residential developments as defined in article IX of this ordinance.

2.

The Tiverton Planning Board may, at its discretion, permit a conventional development where conservation development would otherwise be required if the applicant can prove to the satisfaction of the planning board:

a.

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.

b.

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 development.

(Ord. No. 2024-0008, 6-24-24)

1.

Approval of a conservation development project shall be by the procedure required for a minor or major subdivision or land development project, as the case may be, as set forth in appendix B, Land Development and Subdivision Regulations of the Town of Tiverton Code of Ordinances.

2.

Other than for purposes of water, soil, wetlands or similar testing, no clearing of vegetation, land disturbance, or construction within a subdivision shall begin until the preliminary plan has been approved by the Tiverton Planning Board and said approval is recorded in the land evidence records.

a.

Land that has been environmentally disturbed or damaged, for example, by removal or excavation of soil or mineral resources, prior to recording preliminary plan approval must be restored to a condition satisfactory for redevelopment prior to final plan approval and the applicant may be subject to fines not to exceed $500.00 per day.

b.

The administrative officer shall have the authority to make the final determination of whether land has been restored to a condition satisfactory for redevelopment. The administrative officer may engage the assistance of the town building and zoning officer, the town engineer, the consulting engineer to the planning board, or any other expert necessary. All reasonable costs incurred by the town in connection with determining whether the land has been restored to a condition satisfactory for redevelopment shall be borne by the applicant.

(Ord. No. 2024-0008, 6-24-24)

1.

The maximum number of developable lots allowed in a conservation development subdivision or land development project shall be the number of lots or units which would be allowed under a conventional subdivision or land development application, determined by the submittal of a yield plan, as defined in the Tiverton Subdivision and Land Development Regulations, and accepted by the planning board.

2.

The maximum density permitted for multifamily conservation development applications are to be calculated on the basis of the requirements set forth in the dimensional table (article V, section 1) for those districts in which multifamily development is permitted. The density calculation shall be based on that provided within the dimensional table (article V, section 1) for the underlying zoning district. The permissible lot size(s) in a multifamily conservation development are determined by that provided within the dimensional table (article V, section 1) for conservation development, multi-family structure or apartment house.

3.

On sites served by individual OWTS systems, maximum density shall be further determined by evaluating the number of dwelling units or other uses that could be supported by conformance with RI Department of Environmental Management (RIDEM) On-site Wastewater Treatment System (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. 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.

4.

No requirement or standard contained in this ordinance or the subdivision and land development regulations shall be applied in a manner that reduces the number of lots otherwise permitted under a conventional subdivision.

5.

When calculating the maximum number of allowable lots on any parcel constraints to development, as defined in the land development and subdivision regulations, shall be deducted from the total acreage of the entire parcel. Such land may be included in any yield plan lot in a subdivision or land development project, provided, however, that such land shall not be counted toward meeting the minimum lot size.

(Ord. No. 2024-0008, 6-24-24)

1.

Permitted uses in a conservation development include:

a.

Residential dwelling units as provided in this article and article IV, section 2, and permitted accessory uses customarily incidental and subordinate thereto; and

b.

Open space, particularly forestland, which is set aside for conservation use or for preservation of valuable sensitive features or structures.

2.

The forms of subdivision and land development projects available include:

a.

All single-family dwellings;

b.

All two-family dwellings;

c.

All three-family dwellings;

d.

All multi-family dwellings (four or more units);

e.

Any combination of single-, two-, three- or multi-family dwellings.

3.

Lot requirements.

a.

Lot area: The minimum lot area in a conservation development subdivision or land development project is set forth in the table below. The minimum lot area shall not be reduced by use or dimensional variance of article XVII of the zoning ordinance.

b.

Yard setbacks: The minimum front, side and rear yard setbacks for a lot in a conservation development subdivision or development project are set forth in the table below and may be varied only by meeting the standards for a dimensional variance as set forth in article XVII of the zoning ordinance.

c.

Lot frontage, internal streets: The minimum lot frontage in a conservation development subdivision or land development project is set forth in the table below. If requested or agreed to by the applicant, the planning board is authorized to reduce the lot frontage of newly created lots, on internal streets, to a minimum of 20 feet, if doing so achieves the purposes of this ordinance and those set forth in the land development and subdivision regulations.

d.

Lot frontage, existing streets: Any primary structure constructed on a lot with frontage on an existing public street or approved private street that meets the Standards for unaccepted streets (zoning ordinance article VI, section 8) shall conform to the required lot frontage dimensional standards of the underlying zoning district. Lot frontage may be reduced by meeting the standards for a dimensional variance as set forth in article XVII of the zoning ordinance.

e.

Impervious lot coverage: The minimum impervious lot coverage in a conservation development subdivision or land development project is set forth in the table below. The minimum impervious lot coverage shall not be reduced by use or dimensional variance of article XVII of the zoning ordinance.

f.

Where multi-family conservation developments are permitted, the additional requirements set forth in section 6 are applicable.

g.

Where a combination of single-, two-, three- or multi-family dwellings are proposed, the additional requirements set forth in section 7 are applicable.

h.

For developments of three lots or less proceeding under this article, the permitting authority may permit the use of common driveways and frontage on unpaved, privately maintained roads constructed to modified town design standards (see Code of Ordinances, appendix B, section 23-42) if at least one lot meets the lot frontage dimensional standard of the underlying zoning district.

4.

Water and wastewater.

a.

Where public water and sewer are not available, individual private wells and OWTS are to be located on the house lots they serve. Shared or public wells are not permitted.

b.

Cisterns, or other alternative approved by the Tiverton Fire Department, for fire protection are required for any subdivision where public water is not available.

(Ord. No. 2024-0008, 6-24-24)

Where multi-family developments are proposed in a zoning district where such a use is permitted, the following additional requirements shall apply in addition to those provided for herein. If there is a conflict between this subsection and another section of this ordinance, the stricter interpretation shall apply.

1.

Permitted uses are limited to: two-, three- and multi-family units in the style of duplexes, townhouses with or without attached garages, apartment houses, open space and forestland preserved within open space. Permitted accessory uses include, but are not limited to, a community building, sports and exercise courts and fields, swimming pool, and shared gardens and parks.

a.

The number of residential units per structure shall be limited as shown in the table below:

2.

Subject to planning board approval, a multi-family conservation development project may have greater than one primary residential structure on each lot, without the necessity of obtaining a dimensional or use variance.

3.

Density. The density calculation for the number of units permitted in a multi-family conservation development shall be calculated as required in section 4 of this article.

4.

Lot requirements.

a.

The project shall maintain a 75-foot no cut buffer around the perimeter of the entire project excepting for entrance and fire/emergency access points approved by the planning board or other cleared area as required by easement benefiting a utility company, the State of Rhode Island or Town of Tiverton and recorded in the Tiverton Land Evidence Records. This standard may not be reduced by dimensional variance.

b.

The minimum front yard setback of any structure from an internal street shall be ten feet. The minimum setback between any two structures shall be 20 feet. The minimum setback from the no cut buffer shall be 20 feet.

(1)

These setbacks are subject to approval by the town engineer and Tiverton Fire Marshal for safe access and operation of vehicles, emergency vehicles, and pedestrians. The planning board, based on competent evidence, may require plan modification including an increased setback to achieve public safety requirements.

(2)

This standard may not be reduced by dimensional variance.

5.

Water and wastewater. All multi-family conservation development subdivisions and land development projects of four units or more must be served by public water and public sewer.

6.

Sidewalks shall be required along at least one side of all internal streets. Where there are existing sidewalks on the primary road, a sidewalk shall be required to connect.

(Ord. No. 2024-0008, 6-24-24)

Where developments with a combination of single-, two-, three- and multi-family dwellings are proposed in a zoning district where such dwellings are permitted, the following additional requirements shall apply in addition to those provided for herein. If there is a conflict between this subsection and another section of this ordinance, the stricter interpretation shall apply.

1.

Permitted uses are limited to: single-, two-, three- and multi-family units. Two-, three- and multi-family uses shall be in the style of duplexes, townhouses with or without attached garages, apartment houses, open space and forestland preserved within open space. Permitted accessory uses include, but are not limited to, a community building, sports and exercise courts and fields, swimming pool, shared gardens and parks and those customarily incidental to a single-family home.

a.

The number of residential units per structure shall be limited as shown in the table below:

2.

Subject to planning board approval, this form of conservation development project may have greater than one primary residential structure on each lot, without the necessity of obtaining a dimensional or use variance, unless the dwelling is a single-family dwelling.

3.

Density. The density calculation for the number of units permitted in this form of a conservation development project shall be calculated as required in section 4 of this article.

4.

Lot requirements.

a.

This form of a conservation development project shall maintain a 75-foot no cut buffer around the perimeter of the entire project excepting for entrance and fire/emergency access points approved by the planning board or other cleared area as required by easement benefiting a utility company, the State of Rhode Island or Town of Tiverton and recorded in the Tiverton Land Evidence Records. This standard may not be reduced by dimensional variance.

b.

The minimum front yard setback of any single-, two-, or three-family structure from an internal street shall be 30 feet; for a multi-family structure the minimum front yard setback shall be ten feet. The minimum setback between any two structures shall be 20 feet. The minimum setback from the no cut buffer shall be 20 feet.

(1)

These setbacks are subject to approval by the town engineer and Tiverton Fire Marshal for safe access and operation of vehicles, emergency vehicles, and pedestrians. The planning board, based on competent evidence, may require plan modification including an increased setback to achieve public safety requirements.

(2)

This standard may not be reduced by dimensional variance.

5.

Water and wastewater. All projects of this form that include multi-family dwellings of four units or more must be served by public water and public sewer.

6.

Sidewalks shall be required along at least one side of all internal streets. Where there are existing sidewalks on the primary road, a sidewalk shall be required to connect.

(Ord. No. 2024-0008, 6-24-24)

Maintenance standards are applicable to both single-family and multi-family conservation development projects.

1.

As determined by the planning board, where improvements including, but not limited to, cisterns, lighting, common driveways, streets, stormwater attenuation, or other unique features require ongoing maintenance not provided by the town, the applicant shall provide for and establish a homeowners' association or request planning board approval of an alternate method for the care and maintenance of any improvements thereon.

2.

If maintenance is the responsibility of a homeowner's association, the homeowner's association shall be created, registered and remain active with the Rhode Island Secretary of State, membership in the homeowners' association shall be mandatory for all landowners within the conservation development project, the declaration and creation of the homeowners association shall include a copy of this ordinance, shall be recorded in the land evidence records prior to the sale of any lots and shall be referenced in the deed conveying every lot. In the event the homeowner's association becomes or is declared inactive or defunct, the homeowners shall automatically become individually and severally liable for the maintenance of the improvements. Absent an express acceptance by the town council, and none shall be implied, the town shall not become responsible for maintenance of any improvements.

3.

If a homeowner's association is created, the applicant shall submit the declaration creating the association, as well as the by-laws, as part of the final plan application.

(Ord. No. 2024-0008, 6-24-24)

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 50 percent 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 50 percent 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 75-foot no-cut buffer, and up to 25 percent 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:

a.

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

b.

Be conveyed to a nonprofit organization, the principal purpose of which is the conservation of open space or resource protection; or

c.

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.

a.

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, or by any owner of property in the land development in which the open space is located, shall be recorded by the applicant providing that the land shall be kept in open space and not built upon or developed for accessory uses such as parking or roadway. 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 be 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.

(Ord. No. 2024-0008, 6-24-24; Ord. No. 2025-0008, 4-21-25)