Scenic Resources
Region 1
Rhode Island
Preservation and protection of cultural environmental and
Scenic Resources
Scituate
Summary
This ordinance provides protection for natural resources and unique features within
proposed land development projects. It allows the planning commission some control
over new development projects including the flexibility to increase or decrease setback
requirements as well as limit the density of new projects.
Ordinance
Section 12. Land Development -- Preservation and protection of cultural
environmental and scenic resources
In an effort to preserve and protect unique features within proposed land development
projects the plan commission may authorize lot width and yard dimensions other than
those listed in article III of this ordinance. Lots may contain less than minimum frontage
and setbacks than otherwise required under article III for the purposes of preserving and
protecting documented features considered to be unique, historic, scenic or
environmentally sensitive. Areas within the town requiring such design flexibility include
but are not limited to the following: areas listed by the state historical preservation and
heritage commission: areas listed as unique natural areas by the state department of
environmental management: areas of prime agricultural soils and viable farmland as
listed and mapped by the USDA Soil Conservation Service: the Scituate Reservoir:
scenic areas as listed and mapped by the town and the state. In addition land
developments of a scale and complexity which due to their size have the potential to have
a negative impact upon the rural character of the town and the implementation of the
town comprehensive plan may be considered under this section.
A. In no case shall the density of any proposed development project be greater than
the density which a conventional subdivision would yield. The density of a
proposal shall be established by the number of units that a prudent and
responsible configuration, conforming to the standard dimensional criteria, would
yield.
B. Proposals that entail random or extensive alteration of wetlands for building
envelopments or roads and access will not be considered.
C. The plan commission may recommend building envelopes for the location of new
residential constructions and to protect the aforementioned cultural,
environmental and scenic resources through the use of conservation easements,
where appropriate.
D. It shall be the responsibility of the applicant/owner to provide the plan
commission with surveyed plans and engineering data which adequately depict
and define any and all features that may be considered unique or sensitive in
accordance with the standards and application procedures promulgated by the
plan commission.
E. All proposals which are intended to utilize the provisions of this section shall be
in accordance with the Rural Design Manual, as adopted by the plan commission.
F. Any land within a land development project undertaken under this section not
designated a building lot shall be designated as permanent open space. Such land
shall either be conveyed to the town and be accepted by the town for park land
open space agricultural or other specified use or uses or be conveyed to a
nonprofit organization the principal purpose of which is the conservation of open
space or be conveyed to a corporation or trust or to be owned by owners of a lot
or units within the development or owners of shares of a cooperation
development. If such a corporation or trust is used ownership shall pass with
conveyances of the lots or units. In any case where the land is not conveyed to the
town a restriction enforceable by the town shall be recorded providing that the
land shall be kept in the authorized condition(s) and not be built upon or
developed for accessory uses such as parking or a roadway.
(Ord. of 8-8-96(3))