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Cranston City Zoning Code

Chapter

17.104 RPD RESIDENTIAL PLANNED DISTRICTS

§ 17.104.010 Permitted uses.

Single-family dwellings, two-family dwellings, townhouses, residential accessory uses, uses permitted in open space and public lands, community centers, recreation facilities and associated structures designed for the sole use of the residents of the development.
(Prior code § 30-35(a))

§ 17.104.020 Development standards.

A. 
Location of Structures. Where any part of a single-family dwelling or two-family dwelling is proposed to be located within one hundred (100) feet of an abutting property boundary, such building shall be located so as to comply with the minimum yard dimensions for the underlying zoning district as contained in Section 17.20.120. No townhouse in an RPD shall be located within one hundred fifty (150) feet of an abutting property boundary. These requirements may be reduced at the planning commission's discretion where:
1. 
The adjacent land is currently open space and likely to remain so, or
2. 
The planning commission concludes that a substantial and lasting barrier exists which would serve as a buffer to the abutting properties. The buffer need not be buildable land as defined in these regulations.
B. 
Minimum Size of Development: The tract of land proposed for an RPD shall have, in addition to the area requirements of subsection 17.96.100(h), the minimal capacity to support six dwelling units in accordance with the underlying zone district regulations.
C. 
Maximum Number of Dwelling Units. The maximum number of dwelling units allowed in an RPD shall not exceed the amount computed using the following formula:
The number of dwelling units permitted is equal to the gross area of tract-land unsuitable for development divided by the minimum lot size permitted in zoning district (Section 17.20.110).
In no case shall the number of dwelling units permitted in the RPD exceed the number which would be permitted in the zoning district(s) in which the tract lies if developed in the conventional manner.
1. 
Land unsuitable for development shall include:
a. 
Wetlands as defined in Title 2, Chapter 1 of the General Laws of Rhode Island, as amended. As relates to this article, the setback requirements of said title and chapter shall not be considered wetlands.
b. 
Existing water bodies.
c. 
Streets, including all areas proposed for public and/or common vehicular access, whether or not intended to be dedicated to the city.
d. 
Land possessing other physical constraints, including, but not limited to areas with slope in excess of fifteen (15) percent, ledge outcrops, cemeteries, etc., which by their nature and severity would preclude conventional development.
D. 
Townhouse criteria:
1. 
Not more than four contiguous townhouses shall be built in a row with the same or approximately the same front line, and not more than eight townhouses shall be contiguous.
2. 
Each townhouse shall have on its own lot one yard containing not less than four hundred (400) square feet, reasonably secluded from view from streets or from neighboring property. Such yards shall not be used for off street parking, garages, driveways, leachfields or for any accessory building.
3. 
The minimum distance between any two rows of townhouse buildings, substantially parallel to each other, shall be sixty (60) feet.
4. 
The minimum distance between any two abutting ends of townhouse buildings in the same general plane or row shall be thirty (30) feet.
5. 
A townhouse development shall not be permitted which by its design and/or location of structures could conflict with adjacent single-family residences.
E. 
Minimum Lot Requirements. For RPD developments and/or sections of RPD developments proposed for single and two-family dwellings, the following minimum lot and frontage requirements shall supersede those set forth in Section 17.20.110 of this title.
Zone District
Single-Family Dwellings Minimum Lot Area
(sq. ft.)
Single-Family Dwellings Minimum Lot Frontage
(feet)
Two-Family Dwellings Minimum Lot Area
(sq. ft.)
Two-Family Dwellings Minimum Lot Frontage
(feet)
A-80
20,000
125
60,000
150
A-20
10,000
80
15,000
100
A-12
6,000
60
9,000
80
A-8
4,000
50
6,000
60
A-6
4,000
50
Not Allowed
Not Allowed
B-1
4,000
50
6,000
60
B-2
4,000
50
6,000
60
Allowance for these minimum lot sizes shall not confer to the applicant any right to exceed the number of lots which would be permitted in the zoning district(s) in which the tract lies if developed in a conventional manner.
F. 
Open Space. No less than twenty-five (25) percent of the total land area of a residential planned district shall be open space. This figure shall be computed by multiplying the applicant's total adjacent undeveloped land acreage by a factor of .25, exclusive of area covered by existing water bodies and streams. This open space shall not include building lots, street rights-of-way, or land possessing other physical constraints causing it to be unsuitable for residential development.
1. 
At least one-half of the open space of twelve and one-half (12.5) percent of the total land area shall possess no significant constraints to development for active recreation.
2. 
Provisions shall be made to insure that no more than twenty (20) percent of the open space shall be devoted to paved areas and permitted recreation related structures.
3. 
Use of open space shall be subject to site plan review. All physical improvements proposed for the open space area of the project shall be included in the final subdivision plans.
4. 
Minor alterations may be authorized by the planning director after planning commission approval, prior to recording of the plat. Minor alterations include:
a. 
Slight changes in location of physical improvements including accessory buildings, recreation facilities and walkways.
b. 
Slight changes in landscaping and lighting of common areas.
5. 
All other alterations to the open space area of a final subdivision plan shall be considered major alterations and require approval of the planning commission. Major alterations include:
a. 
Relocation of roadways and drainage facilities.
b. 
Addition of new physical facilities.
c. 
Alterations to the natural features or systems.
After conveyance of fifty-one (51) percent of lots, major alterations may be permitted by the planning commission with written concurrence of at least two-thirds of the homeowners association membership. No structure on the open space may be located within fifty (50) feet of a residence.
6. 
Access areas to public open space shall be clearly marked.
7. 
Open space may be in one or more parcels.
8. 
Open space may be used for active recreation, passive recreation, buffers, conservation, agriculture, forestry, utilities and drainage facilities. Where utilities and drainage facilities are to be sited in the open space area, adequate access shall be provided so that they may be serviced by city maintenance vehicles, whether or not said facilities are intended to be dedicated to the city.
9. 
Land which has been environmentally damaged prior to final approval shall not be accepted as common open space unless and until the land is returned to reasonable and appropriate condition, to effect the purpose of this chapter.
10. 
Impact Fee Credit. Open space dedication, as required under this chapter, shall not be applied as a credit to the capital facilities development impact fee requirement of Section 15.04.020 of the code with the following exception:
a. 
Where by virtue of its location and size, the planning commission determines a particular parcel to possess significant public value, and the developer is willing to dedicate all or a significant portion of the open space acreage for public access and use, the planning commission may at its discretion waive all or part of the capital facilities development impact fee in return for said dedication.
G. 
Streets. All streets in the RPD which are intended for dedication to the city shall be improved in accordance with specifications outlined in the "Subdivision and Development Regulations, 1989", as amended. Private roads intended for internal circulation and access shall be designed and constructed to support the weight and allow passage of city fire and rescue vehicles. Such roads shall be maintained to control overgrowth of vegetation and periodically resurfaced to maintain a safe and uniform driving surface.
(Prior code § 30-35(b))

§ 17.104.030 Administration.

The granting of approval of a residential planned district shall take place in the same manner as conventional subdivision approval subject to the specific requirements of this chapter.
A. 
Subdivision Approval. No part of the construction of an RPD shall begin until the plan of such development has been submitted to and granted final approval by the planning commission in accordance with the "Subdivision and Development Regulations, 1989" as amended. The developer shall submit an alternate plan for developing the site as a conventional subdivision at the pre-application and preliminary stages of the subdivision process which shall adhere to all subdivision requirements. This plan shall determine the maximum number of dwelling units allowable in the RPD unless further restricted by the requirements of subsections 17.104.020(C) and (E) of this section. In addition to those outlined herein, the planning commission may establish additional rules and regulations to govern residential planned districts (RPDs).
B. 
Preapplication Conference. The applicant shall request that the city planning department arrange a preapplication conference with the representatives of the planning department, building inspections office and city engineers office prior to submission of the preliminary subdivision. This conference shall be conducted as a working session for the purpose of reviewing the options presented by the applicant and to aid the applicant in refining the plan. Within twenty-one (21) days after the conference the city planning department shall provide the applicant with a written summary of the meeting, including recommendations designed to inform and assist the applicant in preparation of the preliminary subdivision plat.
C. 
Preliminary Submission. In addition to the requirements delineated in the city's subdivision regulations, the applicant shall submit to the planning commission the following:
1. 
Site plan indicating the location and orientation of all structures and their proposed uses. Residential structures shall be identified by the number of dwelling units proposed for each one.
2. 
Proposed location and treatment of any public or private common open areas including open spaces, recreation areas, buffers, pedestrian and automobile access and circulation ways.
3. 
The general treatment proposed for the periphery of the site, including the approximate amount, location and type of buffering and/or landscaping and lighting proposed.
4. 
The boundaries of each proposed construction phase or section, if appropriate.
D. 
Final Submission. In addition to the items listed above and the general requirements of the city's subdivision regulations, the applicant shall submit the following:
1. 
A statement of purpose detailing how the intent of this chapter will be achieved by the proposed RPD, possibly including additional graphics, descriptions and analyses of the proposed development's impact on surrounding land uses and on existing public facilities and services.
2. 
A narrative outline of proposed RPD stating the land use allocation by type including the acreage of land for single-family, two-family and multi-family housing, total number of lots, total dwelling units, total open space and linear footage of public and private roadway. The applicant shall also identify how necessary services will be provided and whether said services will be publicly or privately owned and operated. The applicant shall also submit an explanation of the beneficial aspects of the proposed site layout.
3. 
A narrative explanation and description of all alterations made in the RPD plan since the preliminary submission and the reason(s) for such alterations.
E. 
Ownership of Common Open Space. The required open space shall be owned in common by all landowners in the RPD, with the exception of any land accepted by the planning commission as public open space, park or recreational land. The deed to each lot shall include a fractional interest in the common open space in an amount proportionate to the number of lots in the RPD. The deed shall also include any covenants, restrictions or easements attached to the RPD, each lot, or the common open space and any homeowner's association agreements pertaining thereto.
1. 
Open Space Easement. Open space shall be protected against building development and environmental damage by conveying to the city an open space easement restricting all common open areas against future building and against removal of soil, trees and other natural features, except as is consistent with conservation, recreation, agricultural uses or uses accessory to permitted uses.
F. 
Homeowner's Association.
1. 
The applicant or developer shall provide for and establish a homeowner's association as a nonprofit organization or other legal entity under the laws of Rhode Island for the use, care and maintenance of all such lands and improvements. Membership in the association shall be mandatory for all landowners within the RPD, and each owner shall be entitled to equal representation. The association shall be formed prior to conveyance of the first lot.
2. 
Such organization shall be created by covenants and restrictions running with the land and shall be responsible for the perpetuation, maintenance and function of all common lands, uses and facilities. These covenants shall become part of the deed to each lot or parcel within the development.
3. 
Such organization shall not be dissolved without the prior approval of the planning commission, nor shall such organization dispose of any common open space, by sale or otherwise, except to an organization conceived and organized to own and/or maintain the common open space and approved by the planning commission.
4. 
In the event the association fails to maintain any common open space, recreation area, landscaping area or other improvements, including private roadways, drainage systems and so on, the city may enter into said development and perform the necessary work and charge the costs, including attorneys' fees to the association.
(Prior code § 30-35(c))