Proposed Zoning Amendments Explained
On June 24th , the Tiverton Town Council will hold a public hearing to vote on two important zoning amendments, the outcome of which will impact Tiverton for years to come. Tiverton is facing development pressure unlike any in recent history. It is critical that we do not develop beyond our water and wastewater infrastructure as well as the land’s capacity to support both future and existing development.
Background
In the 2023-24 cycle alone, a combined 841 single and multi-family family units have been approved or are in the pipeline for approval under the current zoning code. Tiverton has some 5,200 acres of buildable land remaining; this does NOT include many developed and/or farm parcels that could be further subdivided. Conservative estimates range from 4,000 to 6,000 additional housing units that could be permitted by right.
The South Coast Commuter Rail project linking Fall River with Boston has enticed developers to pursue projects in Tiverton. Tiverton is the last remaining East Bay community with significant available land.
Tiverton has two independent water districts that provide piped public water to portions of north Tiverton and the Stone Bridge area. At this time, the future capacity of both is uncertain, with one district indicating that they are very near capacity output.
The majority of the land area of Tiverton is served by private well water. Tiverton has no aquifer, i.e., no significant underground reservoir. Wells rely on drawing groundwater from fractures in the bedrock. Especially during periods of drought, many wells are slow to recharge. New draws on the same vein(s) can adversely affect existing wells.
Tiverton has very limited public sewer with the majority relying on septic systems. Almost all of Tiverton’s soil is categorized in RI DEM’s two worst Hydrologic Soil Groups (C & D). These are poor soils for handling septic leachate, and oversaturation can result in untreated septic leachate entering the groundwater supply.
Tiverton’s eight major fresh-water bodies are listed on RI DEM’s impaired waters list. The impairments vary by water body but include excessive phosphorus, enterococcus, and fecal coliform. This indicates we are already overtaxing and not managing our water resources well.
Zoning Amendments
The first amendment would create a new residential zone, R-120. This zone would require 120,000 s.f. (2.75 acres) for any new single-family home. The new zone would convert all of the existing R-80 (80,000 s.f.) zone (south of Bulgarmarsh Road), that portion of the R-60 (60,000 s.f.) zone in the northeast quadrant, and a carve out from the R-40 zone (40,000 s.f.) between Fish and Highland Roads.
These areas are predominantly reliant on septic systems and groundwater/private wells. This proposed zoning would decrease the density allowed to help ensure that future development in this zone would have adequate safe drinking water for not only new construction but existing homes as well.
Question: Would my existing property lose status or could it not be expanded if I have less than 120,000 s.f. in the new zone?
Answer: Residential properties continue to be a permitted use in the new zone. In terms of expansion, the setback required from the property boundary or lot coverage may change. Rhode Island state law, however, grants that by whatever proportion a lot is undersized for the zone, that lot is entitled to the same proportional reduction in required setbacks and lot coverage. This generally eliminates the need for zoning relief based on an undersized lot.
The second amendment would require that any subdivision of four or more lots/units in any residential zone, single family or multi-family, would require Conservation Development. Conservation Development is a model endorsed by RI DEM, RI Statewide Planning and Grow Smart RI. Tiverton’s proposed Conservation Development ordinance includes these features:
Question: Is Conservation Development required if I want to subdivide a lot or two from my property?
Answer: No, Conservation Development is only required for a single family subdivision of four (4) lots or more or a multi-family development of four (4) units or more in a residential zone.
Together, these two proposed zoning changes will allow Tiverton to grow in such a way that protects our resources and infrastructure. Please consider lending your support at the public hearing on June 24, 2024, to be held at the Tiverton High School Auditorium, 7:00 p.m.
The full text of the amendments can be found on this page:
https://www.tiverton.ri.gov/publichearings/index.php
The proposed zoning map can be found here:
Background
In the 2023-24 cycle alone, a combined 841 single and multi-family family units have been approved or are in the pipeline for approval under the current zoning code. Tiverton has some 5,200 acres of buildable land remaining; this does NOT include many developed and/or farm parcels that could be further subdivided. Conservative estimates range from 4,000 to 6,000 additional housing units that could be permitted by right.
The South Coast Commuter Rail project linking Fall River with Boston has enticed developers to pursue projects in Tiverton. Tiverton is the last remaining East Bay community with significant available land.
Tiverton has two independent water districts that provide piped public water to portions of north Tiverton and the Stone Bridge area. At this time, the future capacity of both is uncertain, with one district indicating that they are very near capacity output.
The majority of the land area of Tiverton is served by private well water. Tiverton has no aquifer, i.e., no significant underground reservoir. Wells rely on drawing groundwater from fractures in the bedrock. Especially during periods of drought, many wells are slow to recharge. New draws on the same vein(s) can adversely affect existing wells.
Tiverton has very limited public sewer with the majority relying on septic systems. Almost all of Tiverton’s soil is categorized in RI DEM’s two worst Hydrologic Soil Groups (C & D). These are poor soils for handling septic leachate, and oversaturation can result in untreated septic leachate entering the groundwater supply.
Tiverton’s eight major fresh-water bodies are listed on RI DEM’s impaired waters list. The impairments vary by water body but include excessive phosphorus, enterococcus, and fecal coliform. This indicates we are already overtaxing and not managing our water resources well.
Zoning Amendments
The first amendment would create a new residential zone, R-120. This zone would require 120,000 s.f. (2.75 acres) for any new single-family home. The new zone would convert all of the existing R-80 (80,000 s.f.) zone (south of Bulgarmarsh Road), that portion of the R-60 (60,000 s.f.) zone in the northeast quadrant, and a carve out from the R-40 zone (40,000 s.f.) between Fish and Highland Roads.
These areas are predominantly reliant on septic systems and groundwater/private wells. This proposed zoning would decrease the density allowed to help ensure that future development in this zone would have adequate safe drinking water for not only new construction but existing homes as well.
Question: Would my existing property lose status or could it not be expanded if I have less than 120,000 s.f. in the new zone?
Answer: Residential properties continue to be a permitted use in the new zone. In terms of expansion, the setback required from the property boundary or lot coverage may change. Rhode Island state law, however, grants that by whatever proportion a lot is undersized for the zone, that lot is entitled to the same proportional reduction in required setbacks and lot coverage. This generally eliminates the need for zoning relief based on an undersized lot.
The second amendment would require that any subdivision of four or more lots/units in any residential zone, single family or multi-family, would require Conservation Development. Conservation Development is a model endorsed by RI DEM, RI Statewide Planning and Grow Smart RI. Tiverton’s proposed Conservation Development ordinance includes these features:
- Flexible design process with high quantity and quality protection of environmental resources
- Variable lot sizes and setbacks that allow for creative and divergent siting and sizing
- Accommodates growth while protecting environmental resources and community character
- Sets aside fifty percent (50%) of the subdivision land as permanent open space
- Prevents clear cutting of the entire parcel, preserving upland and groundwater recharge
- Slightly increases the amount of land required for multi-family developments
- Requires a sustainable public water and public sewer commitment for any multi-family development of four units or more
Question: Is Conservation Development required if I want to subdivide a lot or two from my property?
Answer: No, Conservation Development is only required for a single family subdivision of four (4) lots or more or a multi-family development of four (4) units or more in a residential zone.
Together, these two proposed zoning changes will allow Tiverton to grow in such a way that protects our resources and infrastructure. Please consider lending your support at the public hearing on June 24, 2024, to be held at the Tiverton High School Auditorium, 7:00 p.m.
The full text of the amendments can be found on this page:
https://www.tiverton.ri.gov/publichearings/index.php
The proposed zoning map can be found here:
If you can’t attend in person, email town councilors and the town clerk indicating your support.
Email addresses for the council members can be found here:
https://www.tiverton.ri.gov/towncouncil/index.php
