Lies And Truth About Conservation Development

Conservation Development is a type of Residential Cluster Subdivision that prioritizes the protection of natural resources, open space, and agricultural lands.

Rhode Island law gives a developer the right to submit an application to subdivide land and create new residential lots. The Charlestown Zoning Ordinance, along with Charlestown’s Subdivision Regulations, defines how many lots can be created and how they can be sited on the land.

Conservation Development is a type of Residential Cluster Subdivision that establishes a collaborative, flexible process to encourage development to be located on the areas most suitable to support new houses. It allows lot sizes to be smaller as a trade off to protect more natural resources, especially groundwater. The number of lots is the same as currently allowed in a conventional subdivision. It’s a win/win common sense development. Land owners make greater profits, more valuable natural areas are conserved and Charlestown can maintain our community character. A conservation easement protects the open space from being developed in the future. Charlestown has used a similar cluster ordinance for over 30 years. The proposed conservation development ordinance is simply improving this existing ordinance.

The Planning Commission held public meetings on the Conservation Development Ordinance for over a year and notified hundreds of builders and developers, including the Rhode Island Builders Association of the proposed ordinance. We received no comments or opposition.

Since the Town Council first advertised the proposed Conservation Development in March, our political opposition has spread intentionally false and misleading information about the proposed ordinance. To stop the Planning Commission from responding to questions from the public and explaining the ordinance in a rational way, they resorted to encouraging people to come from out of town to the public hearing in order to shut down the meeting and cause a delay. If chaos was their goal, then they were successful, but denying the public, the Town Council, and the Planning Commission the right to speak is not open or good government.

The public hearing to continue the discussion on amendments to allow Conservation Development will be held on August 22nd at 7 p.m. at the Charlestown Elementary School.

Below is some of the disinformation that is being spread and a response to each.

Disinformation	Facts
Conservation Development applies to single existing house lots.	Conservation Development only applies to new proposals for major residential subdivisions, which range from 6 lots to 30 lots, or more.
Conservation Development applies to all parcels of land 10 acres or greater.	In the R3A zone, a developer would need at least 19 undeveloped acres of land on a public road, exclusive of wetlands or other constraints, to be able to qualify as a major residential subdivision. In the R2A district, you would need at least 13 acres. Conservation Development does not apply to minor subdivisions.
A developer will lose lots; that is, the developer will be forced to divide the property into fewer lots.	The number of lots allowed in the current subdivision regulations and the number allowed under the proposed Conservation Development ordinance is exactly the same. If a developer is now allowed a subdivision of, say, 10 lots, the developer will be allowed 10 lots under the Conservation Development ordinance.
The required open space will result in fewer lots.	Neither the current requirements for open space nor those proposed under Conservation Development reduces the number of lots below what is allowed in a conventional subdivision.
The open space will be taken and given to the Town or a conservation group.	Usually the open space is owned in common by each of the lots in a subdivision. It is the developer’s choice, however. The developer does have the option of transferring the open space to an entity such as the town or a land trust.
Conservation Development already applies to commercial lots.	Conservation Development does not apply to commercially zoned property, nor will it apply to commercially or industrially zoned land when adopted. Conservation Development is for land zoned for residential use only.
Conservation Development is more expensive for developers.	Because the roads can be shorter than they are allowed to be in the current regulations, Conservation Development is less expensive to build. There is an added benefit that shorter roads are less expensive for the town to maintain.
Developers should not be forced to put a conservation easement on their land.	State law—specifically the RI Enabling Act for Zoning—currently requires that open space in Charlestown’s major subdivisions be protected. Without an easement or some other form of protection, the developer could come back and develop the open space. This has been state law for more than 20 years.
Conservation Development will result in smaller lots.	Most developers of major residential subdivisions in Charlestown currently create lots of about an acre in their subdivisions. They will still be able to do this under Conservation Development, but they will have the option to reduce lot size, lot frontage, or other provisions in order to situate the lots so as to protect natural resources.
Smaller lots will mean more lots in a Conservation Development.	By state law, the number of allowed lots under current regulations or under Conservation Development cannot be greater than what is allowed under conventional subdivision.
Conservation Development is a threat to clean drinking water.	Conservation Development requires the same separation distance between wells and septic systems. Because wells can be positioned next to the open space, they can be more protected, and to further protect drinking water, Conservation Development directs houses to the most appropriate areas to avoid placing septic systems in marginal soils.
Conservation Development lots will be worth less money.	Cluster and Conservation Development lots sell for as much as 17% more than conventional subdivision lots due to the added amenities of open space and aesthetics. Moreover, conservation development lots sell faster and hold a greater value over time than conventional lots.
Conservation Development will stop growth.	Because Conservation Developments are less expensive to build they will not stop or slow growth.
Conservation Development will increase growth.	Rhode Island municipalities that have adopted Conservation Development have not experienced an increase in the rate of growth.
Conservation Development is a "taking".	Conservation Development does not constitute “a taking of land without compensation” for landowners or developers. Conservation development allows the same number of lots to be developed as currently and provides the same or greater value to the land owner or developer.
Conservation Development will result in a smaller tax base compared to other types of subdivisions.	Conservation Development lots are assessed at equal or greater value than are conventional subdivision lots. Because of their proximity to open space and other amenities, conservation development lots likely have a greater value than lots in conventional subdivisions do.
Conservation Development will create gated communities.	Roads in a Conservation Development are required to be public roads. You cannot gate a public road.
Conservation Developments will not be affordable.	Developers build to respond to the market and price houses for as much as the market will bear. However, Conservation Development is the most adaptable to mandates for affordable housing.
Conservation Development will take the Cluster Subdivision option away from Minor Residential Subdivisions.	Minor Subdivisions, which are residential subdivisions of 5 lots or fewer, will have the same options they do now. There will be no change as a result of Conservation Development.
The US Constitution gives developers the right to do whatever they want with land they purchase for development.	Following State and Federal Law, Charlestown has had zoning and subdivision regulations for decades to promote the public health, safety, and general welfare and to provide for orderly growth and development that recognizes the natural characteristics of the land, including its suitability for use based on soils characteristics, topography, and susceptibility to surface or groundwater pollution and other reasons.
People who want large lots will not be able to get them.	There are over 5,200 existing dwelling units in Charlestown and many are on existing large lots. There are over 120 potential minor subdivisions in the R3A districts and over 25 potential minor subdivisions in the R2A districts that could result in many hundreds of lots over two to three acres in size. In R40 districts there are about 95 parcels that can be further subdivided into major and minor subdivisions. Buyers could acquire any one of these parcels and not subdivide if they want a large property.
Open space is anti-child.	Open space significantly benefits children's physical, mental, and social development. For children and adults, contact with nature improves overall health and wellness.
Residential Compounds are eliminated.	Charlestown allows residential compounds for up to five lots.
Rear lot subdivisions are eliminated.	Charlestown allows "Rear lot subdivisions", but they are now called "2 lot residential compounds." The name was changed to avoid two redundant ordinances.
Cluster subdivisions are eliminated.	Conservation Development is a type of cluster subdivision.
Conventional subdivisions are eliminated.	Conventional Subdivision is allowed for all subdivisions of 5 lots or fewer. In addition, a major subdivision is allowed to be built as a conventional subdivision if the developer can make the case that the layout is a better choice for a particular parcel than clustering.
The Planning Commission is subtracting perimeter wetlands and slopes from density calculations.	The Planning Commission follows state law and does not subtract slopes or perimeter wetlands from density calculations.
It's unfair to ask developers to remediate a quarry or gravel bank before subdividing.	Not all extraction sites can be remediated for development, but if they can, trees will be needed to buffer the development, top soil will be needed, slopes will have to be stabilized and any damaged wetlands will need to be restored.
Cluster subdivision is a new and untested idea.	Examples of existing cluster subdivisions built with surrounding open space can be found on Cedar Meadows Rd., where there are 10 lots on 9.6 acres and 29 acres of open space; White Pines Trail with 11 lots on 11.21 acres and 35.9 acres of open space; and Hidden Meadows Dr. with 8 lots on 7.82 acres and 25.3 acres of open space. These subdivisions were built under the existing cluster regulations and all would comply with the proposed Conservation Development. But if the developers had access to Conservation Development they would have had the flexibility to pull a lot out of a wetland buffer, to place no-cut areas in the open space rather than putting restrictions on homeowners, and reduce the overall length of the road to reduce maintenance costs to the town, reduce stormwater flows, and provide more protection to groundwater.
Disinformation	Facts

You can read the full ordinance at the Town’s website.

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You can learn more about the author, Planning Commission Chair Ruth Platner, at her profile page.