Local/Municipal Tools

Sutton's Open Space Residential ( 26KB / 12 pages )
Sutton’s bylaw provides for clustering via flexible lots sizes and other dimensions, requires 40% protected open space, and allows consideration of a 15% density bonus.

Cumberland Residential Cluster Overlay ( 8.2KB / 2 pages )
Cumberland’s regulation allows Agricultural Cluster Development (50 acres minimum) and Residential Cluster Development (20 acres minimum) by right, requiring a special use permit by the Planning and Zoning Boards only in cases where a density bonus is sought in an A-1 zone. Both overlays require 50% of the overall land be preserved for agricultural us or as open space.

Cluster By Right Ordinance (Mattapoisett)
Applicable to 8+ acres tracts, this incentive-based bylaw allows up to a 25% density bonus for the provision of acres of open space in excess of the 40% requirement, or for inclusion of affordable units. In addition, a project may be granted another 10% increase in density by special permit if circumstances address exceptional resources, critical public need, or maximum public benefits.

Weston Flexible Development Bylaw
Via a Special Permit issued by the Planning Board, any project in the Single Family Residence zone may be exempt from all dimensional requirements listed in Weston’s zoning ordinance in favor of rules set within the Flexible Development bylaw. The bylaw has been successfully implemented in several instances, advancing the preservation-related purposes contained in its mission statement.

State Tools

RI DEM South County Watershed - Model Ordinances ( 716KB / 118 pages )
Written by land use Attorneys Mark Bobrowski and Andy Teitz, this compilation published by the Department of Environmental Management includes flexible design and conservation subdivision ordinances.

RI DEM South County Design Manual
Not just for Rhode Island! This award-winning publication illustrates how methods to control suburban sprawl (“smart growth, sustainable design,” etc.) can be implemented in local towns, and depicts projected results.

Open Space/Conservation Subdivision "How To" Manual
Completed in July 2000 by the Metropolitan Area Planning Council, this widely-distributed booklet documents the use of conservation design in Massachusetts, and reviews selected community’s bylaws.

Transfer of Development Rights (TDR) ( 699KB / 58 pages )
Everything you ever needed to know about TDRs! This 58-page report published by the RI Department of Environmental Management details how TDR’s work, where they have been successful, how to develop a TDR ordinance, and examples from Acton, MA, the Cape Cod Commission, the NJ Pinelands, and Bounder County, CO.

Cape Cod Commission: Model Bylaws
Several models that target the preservation of the Cape’s community character and natural resources. Background analysis and explanation of model components introduces each bylaw. Including an Open Space Residential Development.

National Tools

EPA Model Ordinances to Protect Local Resources
Examples from throughout the nation focused on water resource protection, including open space development and transfer of development rights.

 

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[ top, right photograph by R.Christopher Noonan, Preservation Services, Inc.]