Coventry City Zoning Code
ARTICLE XIII
Residential Cluster Development 1
§ 255-1300 Purpose.
A residential cluster development (RCD) may be permitted by the Planning Commission for the purpose of providing attractive neighborhoods that maintain the rural character of Coventry, reducing sprawl, promoting the conservation of open space and other environmental and cultural features, and the efficient use of land in harmony with its natural features. Moreover, this article is designed to encourage creative developments by allowing some flexibility in site design and establish incentives to develop a RCD. All proposals for an RCD shall conform to Coventry's subdivision regulations.
§ 255-1310 Development parameters.
A.
The minimum size for a RCD shall be as set forth on Table 13-1 below, not including land deemed unsuitable for development pursuant to Subsection C.
Table 13-1 | |
|---|---|
Minimum RCD Acreage | |
Zoning District | Minimum Acreage (acres) |
RR-5 | 20 |
RR-2 | 10 |
R-20 | 5 |
B.
The maximum number of dwelling units in a RCD shall not exceed the number computed as follows:
(1)
Land unsuitable for development, as herein defined, shall first be deducted from the tract proposed for development.
(2)
The remaining land in the tract shall be divided by the minimum lot size for the applicable zoning district.
Proposed tract of land - Unsuitable land Minimum Lot Size | = | Maximum number of dwelling units |
(3)
In no case shall the number of dwelling units permitted in the RCD exceed the number of which would have been permitted in the Zoning District(s) in which the tract lies if developed in the conventional manner.
C.
The following land shall be deemed unsuitable for development and shall be subtracted from the total parcel in order to determine the maximum number of dwelling units:
(1)
Wetlands as defined in R.I.G.L. 2-1, as amended. For the purpose of this section, the setback requirements as set forth in R.I.G.L. 2-1 shall be considered wetlands.
(2)
Land located within Zone A as shown on the Federal Emergency Management Administration Flood Insurance Rate Maps for the Town of Coventry.
(3)
Street allowance which shall be that area actually occupied for public and/or common vehicular and pedestrian access and egress.
(4)
Land containing steep slopes in excess of 15%.
D.
The following uses shall be permitted in a RCD:
E.
Restrictions on location of structures.
(1)
If any part of a single-family dwelling or accessory building in a RCD is proposed to be located within 100 feet of the perimeter of such development, such building(s) shall be located so as to comply with the minimum yard dimensions for principal and accessory buildings for the applicable zoning district.
(2)
If any part of a two-family dwelling or accessory building in a RCD is proposed to be located within 100 feet of the perimeter of such development, such building shall be located so as to comply with 1 1/2 times the minimum yard dimensions for principal and accessory buildings for the applicable zoning district. No two-family dwelling shall be built in a RCD within the R-20 District.
§ 255-1320 Dimensional regulations.
B.
Except as specifically provided in this article, structures developed in an RCD shall be in accordance with Tables 13-2 and 13-3.
Table 13-2 | |||||||
|---|---|---|---|---|---|---|---|
Cluster Development Dimensional Regulations with Water or Sewer | |||||||
Minimum Lot Size | Minimum Lot Width Frontage | Minimum Yard | Maximum Lot Coverage | Maximum Building Height | |||
Front (feet) | Side (feet) | Rear (feet) | |||||
Single-family | 15,000 | 100 | 25 | 15 | 30 | 25 | 35 |
Two-family | 20,000 | 125 | 25 | 15 | 30 | 25 | 35 |
Table 13-3 | |||||||
|---|---|---|---|---|---|---|---|
Cluster Development Dimensional Regulations with no Water or Sewer | |||||||
Minimum Lot Size | Minimum Lot Width Frontage | Minimum Yard | Maximum Lot Coverage | Maximum Building Height | |||
Front (feet) | Side (feet) | Rear (feet) | |||||
Single-family | 43,560 | 150 | 25 | 35 | 40 | 25 | 35 |
Two-family | 60,000 | 175 | 40 | 50 | 60 | 25 | 35 |
§ 255-1330 Application requirements.
A.
All RCD plans shall contain, at a minimum, the following information:
(1)
Locus of the proposed development;
(2)
Location, boundaries, and dimensions of each lot;
(3)
Property lines, showing directional bearings and distances, location with reference to identifiable street intersection, land uses, directional arrow, scale, assessor map identifying number(s) of the parcel(s) involved, and zoning district in which located;
(4)
Identification of all abutting property owners;
(5)
Dimensions of property line setbacks to, and dimensions between, each building, structure, or use;
(6)
Location of all proposed and existing as well as adjacent public and private ways;
(7)
Location of all easements on, over, and adjacent to the site, including the location of all existing and proposed utility lines and fire hydrants;
(8)
Existing and proposed topography at two-foot contours;
(9)
Location and description of all natural features including but not limited to wetlands and their one-hundred-foot buffer zones, rivers, streams, lakes, ponds, areas subject to flooding, existing vegetation and proposed removal of vegetation;
(10)
Description of watershed boundaries, aquifer locations, public water supply sites, and one-hundred-year floodplain as defined by the Federal Emergency Management Agency maps;
(11)
Location and description of proposed open space and recreation areas;
(12)
Location and description of cultural features such as old trails, agricultural fields, and historic buildings and sites;
(13)
Location and description of all existing structures and buildings, including those to be demolished, and proposed new structures and buildings showing ground and final elevation(s);
(14)
Location and description of parking and loading areas, driveways, walkways, points of access and egress, traffic safety devices, and general circulation patterns;
(15)
Location and description of the proposed wastewater disposal systems, water supplies, stormwater drainage systems, temporary or permanent erosion control structures, utilities, and any solid and hazardous waste disposal systems;
(16)
Proposed landscaping plans in compliance with Article XVII, showing buffer areas, screening, fencing and plantings, and schedule for landscaping; and
(17)
Location, dimensions, height and characteristics of proposed signs.
B.
The Commission may request a fee for the review of the application in accordance with § 255-1330A, Table 3-1.
§ 255-1340 General requirements.
A.
Cluster developments are permitted only in residential districts. The Commission shall not approve a cluster development in an established single-family neighborhood where in their determination, such land use will be inconsistent with or will have a detrimental effect upon the surrounding property. If the Commission denies a cluster development based on this section, they shall identify this as the reason for denial.
B.
The minimum frontage of the parcel for development proposals shall be at least 75 feet per ingress and egress in all residential districts. Said frontage shall be landscaped in accordance with Article XVII. Additional frontage may be required if more than one access road is deemed necessary by the Commission.
C.
Each lot shall have adequate access on a public or private way.
D.
Each lot shall be of a size and shape to provide a building site which shall be in harmony with the natural terrain and other features of the land.
E.
There shall be an adequate, safe, and convenient arrangement of pedestrian circulation, facilities, roadways, driving, and parking.
F.
Streets, driveways and other paved areas intended to remain in private ownership shall be approved as to design and construction standards by the Commission. At the discretion of the Commission, private roads serving cluster developments may be owned in common by the homeowners and maintained as private rights-of-way, provided that such roads at the time of approval are bonded to guarantee all construction standards as required for public improvements.
G.
A written agreement or contract to be executed between the developer and the Town of Coventry shall be submitted at the final stage of the review process stating:
(1)
That the owner or developer will construct the development and install improvements both public and private in accordance with the approved plan. A performance bond shall be posted to guarantee completion in an amount to be set by the Commission.
(2)
That in the event of failure of the owners, successors, or assigns to maintain any common open space, recreation areas, landscaping features or other required improvements, the Town may enter said development and perform such necessary maintenance work and charge the cost, including attorney fees, to the owner, successor, or assigns.
(3)
That this contract shall be binding upon the heirs, assigns, successors or receivers of the development and shall constitute a lien on the property in the development.
(4)
Any other conditions required by the Commission.
H.
A site plan shall be recorded after the RCD is approved.
§ 255-1350 Criteria for approval.
A.
The proposed project shall, in the opinion of the Commission, provide benefits that cannot have been derived from a conventional subdivision with a similar number of dwelling units. The Commission shall have the authority and flexibility to approve a RCD that provides useful and valuable open space and minimizes impervious surfaces. To gain approval, the developer shall configure lots, and streets, and parking areas to achieve those objectives. The Commission may suggest modifications to the plan if deemed necessary. In reviewing a proposal, the Commission shall consider the following criteria:
(1)
Individual lots, buildings, streets, and parking areas shall be designed and situated to minimize alteration of the natural site features to be preserved.
(2)
The usability of the open space intended for recreation or public use shall be determined by the size, shape, topographic, and location requirements of the particular purpose proposed for the site.
(3)
The open space shall include irreplaceable natural features located in the tract (such as, but not limited to stream beds, significant stands of trees, individual trees of significant size, and rock outcroppings).
(4)
The open space intended for recreation or public use shall be easily accessible to pedestrians, which accessibility shall meet the needs of the handicapped and elderly.
(5)
The suitability of the open space intended for scenic value purposes shall be determined by its visibility from a significant number of units or buildings or length of public or private streets.
(6)
Diversity and originality in lot layout and individual building design shall be encouraged to achieve the best possible relationship between development and the land.
(7)
Individual lots, buildings, and units shall be arranged and situated to relate to surrounding properties, to improve the view from and the view of buildings, and to lessen area devoted to motor vehicle access.
(8)
Individual lots, buildings, units, and parking areas shall be situated to avoid the adverse effects of shadows, noise, and traffic on the residents of the site.
(9)
The open space shall, where applicable, encourage agricultural and forest management activities so long as impacts to the residential community are minimized. Areas in which prime agricultural soils are located shall be preserved to the greatest extent possible.
§ 255-1360 Common open space requirements.
A.
All land not devoted to dwellings, accessory uses, roads, or other development shall be set aside as common land for recreation, conservation, or agricultural uses which preserve the land in essentially its natural condition.
B.
Further subdivision of common open land or its use for other than recreation, conservation, or agriculture, except for easements for underground utilities and septic systems, shall be prohibited. Structures or buildings accessory to recreation, conservation, or agricultural uses may be erected but shall not exceed 5% coverage of such common open land.
C.
All common open land shall be either:
(1)
Conveyed to a community association owned or to be owned by the owners of lots within the development. If such a community association is utilized, ownership thereof shall pass with conveyances of the lots in perpetuity;
(2)
Conveyed to a nonprofit organization, the principal purpose of which is the conservation or preservation of open space;
(3)
Conveyed to the Town, at no cost, and be accepted by it for a park or open space use. Such conveyance shall be at the option of the Town and shall require the approval of the Town Council; or
(4)
If the parcel is located in an agricultural district, farmland owners are not required to convey the part of their property which is to become permanent agricultural open space, provided that they convey the development rights of that open space in a conservation easement prohibiting future development of the property in accordance with § 255-1360C(1) through (3).
D.
In any case where such land is not conveyed to the Town, a restriction enforceable by the Town shall be recorded to ensure that such land shall be kept in an open or natural state and not be built for residential use or developed for accessory uses such as parking or roadways. Such restrictions shall further provide for maintenance for the common land in a manner which will ensure its suitability for its function, appearance, cleanliness, and proper maintenance of drainage, utilities, and the like.
§ 255-1370 Incentives.
At the discretion of the Commission, density bonuses may be permitted which allow projects to be developed at a density greater than permitted by the underlying zoning for the appropriate zoning district. The Commission may grant such a bonus, not to exceed 20%, if any of the following criteria are met:
§ 255-1380 Approval required before improvements.
No street and no public water supply or other improvement shall be constructed and no building permit shall be issued for the construction of any building within any cluster development unless a plat of such development has been approved by the Commission and all infrastructure improvements have been completed, or a security/performance bond has been posted pursuant to § 255-13100, prior to recording the plat in the office of the Town Clerk.
§ 255-1390 Previously approved developments.
Nothing herein contained shall effect the validity of any cluster development which was given final approval by the decision of the Commission prior to the effective date of this chapter.
§ 255-13100 Security/performance bond.
A performance bond, letter of credit or other form of surety shall be posted in an amount to be determined by the Commission to ensure proper development of the project in accordance with this article. After evidence of the nonconformance or nonperformance of the applicant, the Commission will recommend that the bond be defaulted and measures taken to accomplish necessary work in fulfillment of the intent of the regulations. Upon satisfactory completion of the project, the Commission shall issue a written certification that the above requirements have been met. The performance bond letter of credit or other surety shall be released to the landowner upon receipt of the written certification from the Commission.