a.

Rural residential developments are alternative residential subdivisions designed to protect rural character through the use of flexible zoning, different engineering and design standards and/or decreased site density as compared to conventional subdivisions. Design flexibility is allowed so that the character defining features of a site may be preserved. These features include forests, farmland, historic and archeological sites, scenic vistas and ecologically sensitive resources. Rural residential developments also result in less storm water runoff than conventional subdivisions by reducing the amount of impervious surfaces. At a maximum, overall site density is limited to that which would be allowed for a conventional subdivision on the same site. To maximize design flexibility, planning board input is encouraged during the early stages of project planning.

b.

There are three types of rural residential developments:

(1)

Rural compounds are minor subdivisions (five or fewer lots) that may use flexible zoning and where the maximum density is half that allowed for a conventional subdivision. Common driveways and frontage on unpaved, privately maintained roads constructed to modified town design standards are allowed. No common open space is required, but may be provided.

(2)

Rural subdivisions are subdivisions that use flexible zoning. New lots must have frontage on paved roads constructed to town design standards. A minimum of 50 percent of the total land available for development (land area remaining after the exclusion of unsuitable land as defined in article II) must be permanently protected as open space.

(3)

Rural frontage subdivisions are minor subdivisions that are located along existing public roads and may use flexible zoning and/or common driveways to preserve scenic character by minimizing curb cuts and creating roadside buffers. No common open space is required, but may be provided.

(Ord. of 6-4-01(7))

Rural residential developments are intended to achieve the following purposes:

a.

Encourage creative and flexible site design that is sensitive to the land's natural features.

b.

Protect environmentally sensitive areas of the development site and permanently preserve open space, prime agricultural land, unique habitat, and areas of cultural, historical, archeological or scenic significance.

c.

Promote interconnected greenway development and encourage quality recreational facilities.

d.

Minimize non-point source pollution impacts by reducing the amount of impervious surfaces in the development.

e.

Promote variety and quality in housing type and site design.

f.

Reduce public expenditures for infrastructure maintenance by reducing utility and road lengths.

(Ord. of 6-4-01(7))

a.

Rural residential developments are a permitted and desirable form of development in all residential districts.

b.

Rural residential developments are required in the Watershed Protection Overlay District. Where rural residential developments are required, the planning board may permit a conventional subdivision when the applicant can demonstrate, to the satisfaction of the board, that a rural residential development is inappropriate due to environmental conditions or the configuration of the land.

c.

Rural residential developments are reviewed in accordance with the Tiverton Land Development and Subdivision Regulations (subdivision regulations) as either a major or minor subdivision, as appropriate. Rural residential developments must meet the alternative dimensional regulations and open space provisions of this article, and the applicable design standards specified in the subdivision regulations.

d.

The planning board may approve a project that contains a combination of any of the three types of rural residential developments defined herein, if the individual design elements are consistent with their respective requirements and the overall plan achieves the purposes of this article.

e.

The planning board shall not approve a rural residential development project if, in their determination, the plan as proposed will have a detrimental effect on the neighboring properties or the town in general, or is otherwise inconsistent with the Tiverton Comprehensive Plan, the purposes of this appendix, and/or the design requirements of the subdivision regulations.

(Ord. of 6-4-01(7))

a.

The density for a rural compound shall be restricted to 50 percent of the density allowed for a conventional subdivision.

b.

The density for a rural subdivision or a rural frontage subdivision shall not exceed that which would be allowed for a conventional subdivision on the same site. The density for a rural subdivision shall be based on the planning board's evaluation of a conventional concept plan as described in the subdivision regulations. Minor rural subdivisions shall be exempt from the requirement of preparing a conventional concept plan.

c.

All rural residential developments must include a restriction on all impacted property deeds that prevents the further subdivision of land.

(Ord. of 6-4-01(7))

a.

The following are permitted uses on the developed portions of a rural residential development site:

(1)

Single-family dwellings.

(2)

All principal and accessory uses that are allowed in the residential district, or applicable overlay district, except as noted in section 6 below.

b.

The following are permitted uses on the open space portions of a rural residential development site:

(1)

Conservation, natural buffer, wildlife management area and forestry.

(2)

Agriculture and farming as permitted in article IV, section 3 of this ordinance.

(3)

Non-commercial active and passive recreation including a community center/recreation facility.

(4)

Approved utilities owned by the homeowners and operated for their own use such as community wells, septic disposal systems and drainage facilities.

(Ord. of 6-4-01(7))

Manufactured homes, mobile homes, multifamily homes and duplexes, as well as any use prohibited in the zoning or applicable overlay district, are prohibited uses within rural residential developments.

(Ord. of 6-4-01(7))

a.

Dimensional regulations for rural residential developments are contained in the following table of flexible zoning standards and shall, except as noted below, replace those regulations contained in article V:

b.

Where a rural frontage subdivision does not provide for the permanent protection of 50 percent of the land suitable for development as open space, the conventional dimensional regulations for lot area and building coverage contained in article V shall apply.

c.

Where a perimeter lot of a rural residential development is contiguous with an existing conventional subdivision, the minimum side and rear yard setbacks for the perimeter lot shall be the same as for a conventional subdivision lot in that district.

d.

The minimum lot width, as measured within the building envelope, shall be 120 feet. The minimum lot depth shall be limited only by the required setbacks and house footprint.

e.

Each lot shall have a minimum driveway access of 12 feet to a public or private street. The access may be shared with other lots pursuant to the minimum requirements of the subdivision regulations.

f.

A permitted accessory structure may cover up to 25 percent of the rear yard area, but may not be placed closer to a property line than the minimum side or rear yard requirements in the table above, unless the structure is on a temporary footing in which case it may not be placed closer than five feet to any lot line.

g.

Minimum road frontages are as follows:

(1)

Rural compounds may be permitted on land comprised of one or more contiguous lots in common ownership having a minimum frontage of 40 feet on a public road. The minimum individual lot frontage shall be 40 feet, which may be on a private road.

(2)

Rural subdivisions shall have a minimum individual lot frontage of 50 feet on a public road.

(3)

Rural frontage subdivisions shall have a minimum individual lot frontage of 50 feet on a public road. The total contiguous frontage of the parcel, however, shall at least equal that required for the number of proposed frontage lots in a conventional subdivision.

h.

Maximum building heights are governed by the regulations contained in article V.

(Ord. of 6-4-01(7); Ord. No. 2024-0009, 6-24-24)

a.

The location, design, use, ownership and maintenance of the common open space shall be subject to planning board approval of a project-specific open space management plan. The developer shall submit the open space management plan as part of the subdivision review process.

b.

The common open space shall be protected from development or alterations not authorized by the open space management plan, by the grant of a conservation or preservation easement to the Town of Tiverton pursuant to G.L. title 34, ch. 39.

c.

Up to 20 percent of the open space may be devoted to active recreation.

d.

The common open space shall be conveyed in one of the following ways:

(1)

To a corporation or trust owned by owners of lots or dwelling units in the development, or owners of shares within a cooperative development. If a corporation or trust is used, ownership of the common open space shall pass with conveyances of lots, dwelling units or shares, as appropriate, and each individual owner shall be responsible for a equal share of the open space maintenance expenses and property taxes. The corporation or trust shall be responsible for open space maintenance and the operation and maintenance of any facilities thereon.

In the event of dissolution of the corporation or trust, the ownership, maintenance, responsibility and tax liability for the common open space will revert to the lot or dwelling unit owners.

(2)

To the Town of Tiverton for community use, if mutually agreed to by the town and the owner and approved by the town council.

e.

The planning board shall approve conveyance and maintenance agreements following review and approval of said agreements by the town solicitor. Conveyances that would remove land from the tax rolls or that would incur liability for ownership or maintenance by the town must be approved by the town council.

f.

Conveyances shall include easements that permit the town to either maintain, or contract to have maintained, the common open space where the responsible party has not done so in accordance with the approved open space management plan. The town shall either assess the homeowners association for the full cost of the work or may proportionately assess each individual owner. Unpaid assessments shall result in property liens. The provisions of this section shall be included in the condominium declaration, homeowners' association by-laws and all similar documents.

(Ord. of 6-4-01(7))

a.

Roads designed and constructed for private use, or as common driveways, shall not be accepted as public roads, nor shall the town be liable for their construction, reconstruction, maintenance or snow removal. Trash pickup shall only be provided at the curbside of the nearest public road. Each lot fronting on a private road or common driveway must be recorded with a deed restriction so stipulating the above.

b.

Deeds for all lots fronting on a private road or a common driveway shall also include easements that permit the town to either maintain, or contract to have maintained, the roadway. The town may elect to do this only when the responsible party has not done so and the condition of the roadway would hinder the passage of emergency vehicles. The town shall either assess the homeowners association for the full cost of the work or may proportionately assess each individual owner. Unpaid assessments shall result in property liens.

c.

Development standards for private roads are contained in the subdivision regulations. The construction of private roads shall be inspected and approved by the director of public works or the town engineer. The planning board shall require a surety during road construction under the provisions of the subdivision regulations.

(Ord. of 6-4-01(7))