The Town Council of the Town of Richmond hereby ordains that Ch. 18.38 of the Code of Ordinances is amended to read as follows: 

 

Chapter 18.38

LAND DEVELOPMENT PROJECTS

 

            18.38.010        Definition.

            18.38.020        Procedure for approval.         

            18.38.030        Ownership of open land.

            18.38.040        Use of open land.

 

18.38.010  Definition.  A land development project is a development in which one or more lots, tracts, or parcels are developed or redeveloped as a coordinated site for a complex of uses or structures. Land development projects include, but are not limited to, conservation developments and planned district developments.

(Ord. dated 12-19-94 (part); Ord. dated 9-2-03 (part); Ord. dated 10-21-03 (part); Ord. dated 8-12-14; Ord. dated 5-21-24)

 

18.38.020  Procedure for approval.  Land development projects shall be planned, reviewed and approved in conformance with the land development and subdivision regulations.

(Ord. dated 12-19-94 (part); Ord. dated 10-21-03 (part); Ord. dated 8-12-14)

 

18.38.030  Ownership of open land.  

A.  Areas in a land development project that will remain open and undeveloped may be owned by the owners of the lots or units in the development, by a nonprofit conservation entity, by a governmental body, by an individual or individuals, or by a business entity. 

 

B.  Fee simple ownership of the property and a conservation or preservation restriction on the same property may be conveyed to different entities or individuals.

 

C.  If the open land will be owned by the owners of lots or units in the development, the property shall be conveyed to an association, corporation, or cooperative owned by the owners of lots or units in the development. Ownership of a lot or unit shall not be conveyed separately from the ownership interest in the open land.    

(Ord. dated 8-12-14)

 

18.38.040  Use of open land.

A.  The open, undeveloped land in a land development project shall be used only as open space, as a conservation area, as wildlife habitat, for passive recreation, for water or groundwater resource protection, for agriculture or forestry, for protection of a structure or site significant for its architecture or its archaeological or historical associations, or for stormwater drainage facilities if those facilities are permitted by the land development and subdivision regulations. The use or uses to which the open land is restricted shall be approved by the planning board and shall be shown on the final plat.

 

B.  A perpetual conservation or preservation restriction pursuant to title 34, chapter 39 of the general laws shall be recorded with the final plat. The grantee of the conservation or preservation restriction shall be a nonprofit corporation, association, trust, or other entity whose purposes include conservation; the Richmond rural preservation land trust; or the town of Richmond. The instrument shall state the names of the entities or individuals who have the right to enforce the restriction. If the town of Richmond is not the grantee, the instrument shall state that the town has the right to enforce the restriction. 

(Ord. dated 8-12-14)  

 

REFERENCES

Title 45, chapter 23 of the general laws; R.I. Gen. Laws § 45-24-47; Code ch. § 18.08; land development and subdivision regulations.