(a)

Purpose. The purpose of this article is to permit the review and establishment of land development projects. Land development projects are developments which have been determined to be appropriately implemented through review of the planning board in accordance with R.I.G.L. 1956, § 45-23-1 et seq., due to the impacts associated with the nature of the use; scale of the project; or other unusual conditions which require additional regulations to meet the objectives of this article, the land development and subdivision review regulations adopted by the city planning board and the city comprehensive plan. The types and intensities of uses requiring this procedure are set forth in section 19-362. The review process for land development projects is promulgated to further the following purposes:

(1)

Provide for the orderly, thorough and expeditious review and approval of projects;

(2)

Promote high quality and appropriate design and construction;

(3)

Promote the protection of existing natural and built environment and the mitigation of all significant negative impacts of any proposed development on the existing environment;

(4)

Promote design of land developments which are well integrated with the surrounding neighborhoods with regard to natural and built features and which concentrate development in areas which can best support intensive use by reason of natural characteristics and existing infrastructure;

(5)

Encourage local design and improvement standards to reflect the intent of the city comprehensive plan with regard to the physical character of various neighborhoods and districts of the municipality;

(6)

Promote thorough technical review of all proposed land developments by appropriate local officials;

(7)

Encourage local requirements for dedications of public land, impact mitigation and payment-in-lieu thereof, to be based on clear documentation of needs and to be fairly applied and administered; and

(8)

Encourage the establishment and consistent application of procedures for local recordkeeping on all matters of land development review, approval and construction.

(b)

Subdivision. Where the land development project also constitutes a subdivision, as defined in the land development and subdivision regulations adopted by the city planning board, the two processes shall proceed concurrently in a unified manner. The procedures for review shall be in accordance with this chapter and the land development and subdivision review regulations, including requirements for applications and fees. All information must be submitted, but where there is a duplication of requested information, the application need only provide the information once and make reference to the plans/documents on the other application. At each stage, the subdivision review and action shall take place prior to the site plan review decision on the land development project.

(c)

Objectives. Any decision to approve a land development project or any component thereof shall be consistent with the following objectives where applicable:

(1)

To promote more economical and efficient use of the land while providing harmonious housing choices and opportunities;

(2)

To promote greater flexibility in design and diversification in the location of structures;

(3)

To promote greater flexibility and consequently more creative and imaginative design for the development of residential and mixed use areas than generally is possible under conventional zoning regulations;

(4)

To provide suitable safeguard and consideration for land use and site and architectural design that is compatible with adjacent districts and uses;

(5)

To permit development to an extent commensurate with the availability and capacity of public facilities and services and promote the safe circulation of traffic throughout the city;

(6)

To preserve and protect natural resources and features and encourage consideration of environmental impacts and mitigative measures;

(7)

To encourage the provision of open space and public access and give due consideration to the quality and design of landscaping;

(8)

To encourage adequate consideration for the proper control of erosion, surface and subsurface drainage and pollution;

(9)

To facilitate orderly and harmonious site development including safe and convenient provision and design of egress and ingress, off-street parking, truck loading, internal circulation, emergency access, refuse disposal, outdoor storage, signage and lighting;

(10)

To give developers reasonable assurance of ultimate approval before incurring the cost of final design and engineering while providing assurances to the city and the general public that the approved project will meet with approved objectives and standards;

(11)

To preserve natural, historical and cultural resources to the maximum extent feasible;

(12)

To protect appropriate vistas and environmental qualities of the city; and

(13)

To assure consideration of the various elements of the comprehensive plan of the city.

(d)

Development standards. Any land development project application shall conform to the following standards set forth as well as the city's land development and subdivision review regulations.

(Rev. Ords. 1987, § 19-361; Ch. 453, § XIII, 7-15-08; Ch. 914, § I(Att.), 12-19-23)

Land development projects shall be reviewed in accordance with the land development and subdivision regulations adopted by the city planning board. These regulations shall provide for application requirements, review procedures, findings, amendments and appeals.

(Rev. Ords. 1987, § 19-363; Ch. 533, § IV, 9-6-11; Ch. 914, § I(Att.), 12-19-23)

Editor's note— Ch. No. 914, § I(Att.), adopted December 19, 2023, repealed § 19-362 and renumbered § 19-363 as § 19-362. Former § 19-362 pertained to uses and activities requiring land development project approval and derived from Rev. Ords. 1987, § 19-362; Ch. 457, § VII, adopted October 7, 1997; Ch. 453, § XIV, adopted July 15, 2008; Ch. 533, § IV, adopted September 6, 2011; Ch. 642, § XIII, adopted March 15, 2016; and Ch. No. 914, § I(Att.), adopted December 19, 2023.

As per section 19-55.5, the planning board, as part of its review of land development projects, shall also consider and decide on any related requests for zoning variances or special use permits under the unified development review process. The planning board's consideration of a land development project which requires a variance or special use permit shall be subject to a public hearing meeting the requirements of division 2 of article iI of this chapter and the city's land development and subdivision review regulations.

Land development project applications which require dimensional relief from the zoning regulations which qualifies only as a modification under section 19-45(c) shall proceed by filing a land development project application and a request for a modification to the zoning officer. If such a modification is granted, the application shall then proceed to be reviewed by the permitting authority. If the modification is denied or an objection is received as set forth in section 19-45(c) such application shall proceed under unified development plan review.

(Ch. 914, § I(Att.), 12-19-23)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Affordable housing. The purpose of this section is to increase the supply of affordably priced housing by providing incentives for developers to provide affordable units within market-rate residential or mixed-use developments. An increase in maximum development density of up to ten percent may be permitted commensurate to the number of affordable housing units provided such units meet the definition of "affordable housing" over time as referenced in the city housing action plan.

Business/technology development means a business/technology development as defined in section 19-1 in which the following uses are permitted:

(1)

Uses permitted by right or special use permit within the business/technology floating zone district under section 19-98; accessory or special uses as may be permitted in the BT floating zone district under section 19-98 and section 19-171.

(2)

Other uses when provided as an integral part of the overall development which are consistent with the stated purposes and objectives of this article and which are intended to serve the employees of the business/technology development and which are suitable to the proposed development, consistent with the city comprehensive plan, and compatible with the surrounding areas as determined by the planning board. No use shall be allowed except in conformity with the business/technology development plan approved in accordance with the provisions of this chapter. Other uses may include, but are not limited to, the following:

a.

Employee services located on the same premises as the principal use and which are clearly incidental to and limited to the employees of the principal use. Such services for employees shall be limited to the ground floor only, shall not exceed a maximum of 1,000 square feet per structure housing a principal use and further in aggregate shall not exceed a total of five percent of the gross floor area of the total development. Employee services may include the following: Dry cleaning services (drop off and pick up only with no processing on-site); convenience kiosk (for items such as newspapers, prepackaged food and beverages and coffee); automatic teller machine; coffee/donut satellite business or kiosk (with no baking on-site).

b.

Those uses incidental to the sanitation needs and mechanical operation of the business/technology development, including the following uses which shall be covered, housed or enclosed:

1.

Electric substation and facilities not locatable within principal structures; and

2.

Sewerage treatment, disposal or pumping facilities.

c.

Licensed child day care centers provided for the children of employees of businesses in the business/technology district.

(3)

Notwithstanding any other provisions of this chapter, the following lot regulations shall apply to all business/technology developments: Building heights, setback, yard and lot requirements shall be calculated in the manner set forth in sections 19-131 through 19-145; however, in no case will a business/technology use be permitted on a site less than three acres in area. Off-street parking requirements shall be calculated in the manner prescribed by sections 19-276 through 19-284, and further prescribed by section 19-370. All of the zoning requirements shall be calculated in the manner prescribed and regulated by the underlying zoning district.

(4)

In approving a business/technology development, the planning board, subject to the requirements of this chapter, may allow reasonable variation or modification of certain zoning and land development and subdivision requirements, subject to the following:

a.

An application for a business/technology development shall identify any modification of any standard of the city's zoning and land development and subdivision regulations which would result from approval of such plans as presented, and shall include a written statement explaining the reasons or justification for any such modification as related to the objectives of this chapter.

b.

Except where modification of standards may be approved by the planning board, as set forth in the board's adopted land development and subdivision review regulations, a business/technology development shall meet all requirements set forth in the land development and subdivision review regulations.

c.

Each modification under this article shall be conditioned upon exceeding the stated objectives of this chapter beyond that required by existing laws or regulations. The purpose of granting modifications to zoning or land development and subdivision requirements is to obtain certain benefits for the prospective employees of the development, the abutting property owners or for the public as a whole.

Cluster development means a residential development in which the following are permitted:

(1)

Any use permitted by right in any residential district as well as any accessory and special uses as may be permitted under section 19-56 and section 19-98.

(2)

Other related uses when provided as an integral part of the overall development which are consistent with the stated purposes and objectives of this article, and which are intended primarily to serve the residents of the cluster development, and which are suitable to the proposed cluster development, consistent with the city's comprehensive plan, and compatible with the surrounding area as determined by the planning board. No use shall be allowed except in conformity with a cluster development plan approved in accordance with the procedural and regulatory provisions of this article. Other uses may include, but are not limited to, the following:

a.

Recreation facilities, clubhouses, and meeting halls;

b.

Maintenance, storage and utility buildings;

c.

Parking lot areas;

d.

Those uses incidental to the sanitation needs and the mechanical operation of the cluster development including the following uses which shall be covered, housed, or enclosed:

1.

Electric substation and facilities not locatable within residential structures; and

2.

Sewerage treatment, disposal, or pumping facilities.

(3)

The intent of this article with respect to cluster development is to permit density transfers within a cluster development. Such a density transfer will permit relaxation of the minimum lot requirements of section 19-145 as compensation for reserving an equivalent amount of land as usable open space within the cluster development. In making its determination with respect to any application for a cluster development, the planning board shall follow the following standards:

a.

In no case shall the maximum number of dwelling units permitted in the cluster development exceed the number which would have been permitted on the usable open space as defined above in the underlying zoning district in which the overall tract lies.

b.

Notwithstanding any other provisions of this chapter, the following lot regulations shall apply to all cluster developments:

1.

Density for multifamily housing shall be calculated in the manner prescribed by sections 19-216 through 19-218. Density for one-family, two-family or three-family dwellings, as may be permitted in the underlying zoning districts, shall be calculated on the basis of minimum land or area required per dwelling unit in accordance with the respective underlying zoning district as set forth in section 19-145.

2.

Building heights, setback, yard and lot requirements shall be calculated in the manner set forth in sections 19-131 through 19-145 and off-street parking requirements shall be calculated in the manner prescribed by sections 19-276 through 19-284, for the underlying district. All of the zoning requirements shall be calculated in the manner prescribed and regulated by the underlying zoning district.

c.

In approving a cluster development, the planning board subject to the requirements of this chapter, may allow reasonable variation or modification of certain zoning or land development and subdivision requirements subject to the following:

1.

An application for a cluster development shall identify any modification of any standard of the city's zoning and land development and subdivision regulations which would result from approval of such plans as presented, and shall include a written statement explaining the reasons or justification for any such modification as related to the objectives of this chapter.

2.

Except where modification of standards may be approved by the planning board, as set forth in the board's adopted land development and subdivision review regulations a cluster development shall meet all requirements set forth in the land development and subdivision review regulations.

3.

Each modification under this article shall be conditioned upon exceeding the stated objectives of this chapter beyond that required by existing law or regulation. The purpose of granting modifications to zoning or land development and subdivision requirements to obtain certain benefits for the prospective residents of the development, the abutting property owners or for the public as a whole. It is the intent of this article that usable open space be primarily for the benefit of the residents of the cluster development, and be maintained in private ownership with public assurance provided as necessary. Usable open space may be considered for public donation and maintenance only if it meets a demonstrated public need as identified in the city comprehensive plan. The city council reserves the right to reject any reasonable variation or modification of and all donations of open space as certain zoning or land development set forth in this section. Open space may also be conveyed to a nonprofit organization, the principal purpose of which is the conservation of open space.

4.

Modifications to lot sizes, building dimensions, and building setback requirements may be permitted to accommodate the allowable dwelling unit density of the site as a whole as calculated according to subsection (2) of this definition. Any modification allowed under this article shall be conditioned by transfer of an equal amount of land area as would otherwise be required to common usable open space as defined by this section. The residue areas resulting from the reduction shall be contiguous with one another in order to provide adequate and appropriately sized parcels which shall be devoted to common usable open space as required by this chapter. However, the distance between buildings and properties adjacent to the cluster development, between parking areas and streets, and between parking areas and adjacent properties shall not be less than required in the underlying zoning district, including subsection 19-217(a).

5.

Strips of common land within a cluster development which may be necessary for access paths between residences, streets and open space areas, utility areas, drainage areas and/or buffers; or other required service functions shall not be considered or calculated as common usable open space under this section. Access areas to the common open space shall be clearly identified with appropriate materials to distinguish commonly owned open space area from private property. Common usable open space may be in one or more parcels. The size, location, shape and character of the parcel must be suitable for the designated uses.

6.

Land which has been environmentally damaged prior to final approval of the development by the planning board and acceptance by the city council, as a result of soil and earth removal operations, harvesting of trees or other natural features, refuse disposal, or other alteration of the natural environment, shall not be accepted as common open space unless and until the land is restored to a condition which the planning board and the city council determines to be reasonable and appropriate to reflect the purpose of this chapter.

(4)

Negotiated payment or donation of other acceptable land or facilities may be allowed in lieu of the provisions on-site of amenities required for adjustments to lot density and dimensional standards.

Mixed use residential/commercial development. means a mixture of residential and/or commercial uses which are permitted subject to the following:

(1)

Any use permitted by right in either an R-5 district or a C-1 district as well as any other accessory or special uses as may be permitted under section 19-98 and section 19-171.

(2)

Other uses when provided as an integral part of the overall development which are consistent with the stated purposes and objectives of this article and which are intended primarily to serve the residents of the mixed use residential/commercial development and which are suitable to the proposed development, consistent with the city comprehensive plan, and compatible with the surrounding area as determined by the planning board. No use shall be allowed except in conformity with the mixed use development plan approved in accordance with the procedural and regulatory provisions of this article. Other uses may include, but are not limited to, the following:

a.

Recreation facilities, clubhouses, and meeting halls;

b.

Maintenance, storage and utility buildings;

c.

Parking garage, lots and areas;

d.

Marinas, boat storage and repair facilities;

e.

Retail convenience stores;

f.

Convenience personal services such as hairdressers, laundromats or day care centers;

g.

Restaurants, as defined in section 19-1, without live entertainment;

h.

Professional offices or studios;

i.

Those uses incidental to the sanitation needs and the mechanical operation of the mixed use development including the following uses which shall be covered, housed, or enclosed:

1.

Electric substation and facilities not locatable within residential structures; and

2.

Sewerage treatment, disposal, or pumping facilities.

(3)

Notwithstanding any other provisions of this chapter, the following lot regulations shall apply to all mixed use residential/commercial developments:

a.

Density for multifamily housing shall be calculated in the manner prescribed in sections 19-216 through 19-218. Areas used or intended to be used for commercial or similar nonresidential purposes, including parking areas for such uses, shall not be included in the computation of residential density.

b.

Building heights, setback, yard and lot requirements shall be calculated in the manner set forth in sections 19-131 through 19-145 and off-street parking requirements shall be calculated in the manner prescribed by sections 19-276 through 19-284 for the underlying zoning district. All of the zoning requirements shall be calculated in the manner prescribed and regulated by the underlying zoning district.

(4)

In approving a mixed use residential/commercial development, the planning board, subject to the requirements of this chapter, may allow reasonable variations or modifications of certain zoning and land development and subdivision requirements subject to the following:

a.

An application for a mixed use development shall identify any modifications of use or other standard of the city zoning and land development and subdivision review regulations which would result from approval of such plans as presented and shall include a written statement explaining the reasons of justification for any such modification as related to the objectives of this chapter.

b.

Except where modification of standards may be approved by the planning board as set forth in the land development and subdivision review regulations, a mixed use residential/commercial development shall meet all requirements set forth in these regulations where applicable.

c.

Each modification under this section shall be conditioned upon exceeding the stated objectives of this chapter beyond that required by existing law or regulations. The purpose of granting modifications to zoning or land development and subdivision requirements is to obtain certain benefits for the prospective residents of the development, the abutting property owners or for the public as a whole.

1.

For the development as a whole, a density bonus of eight percent of the maximum density permitted by the zoning ordinance may be allowed for the dedication of each acre of usable open space as defined by this chapter beyond that required to be protected, or unaltered by existing law or regulation.

2.

It is the intent of this section that usable open space be primarily for the benefit of the residents of the planned mixed use development with public access assurance provided as necessary. Usable open space may be considered for public donation and maintenance only if it meets a demonstrated public need as identified in the city's adopted comprehensive plan. The city council reserves the right to reject any and all donations of open space as set forth in this section.

3.

Modification to the overall building height and location of buildings may be permitted to accommodate the allowable density as provided in this section. However, in no instance may a building in a mixed use development exceed five stories, and five stories shall not exceed 65 feet. The taller buildings in a mixed use development shall be located in such a way as to minimize any adverse impact on adjoining low-rise buildings and shall not invade the privacy of the occupants of such low-rise buildings. However, the distance between buildings and properties adjacent to the mixed use development, between parking areas and streets, and between parking areas and adjacent properties shall not be less than required in the underlying zoning district; including subsection 19-217(a).

4.

Negotiated payment or donation of other acceptable land or facilities may be allowed in lieu of the provision on-site of amenities required for adjustments to lot density and dimensional standards.

Usable open space. means, for the purpose of calculating a density bonus, space effectively separate from automobile traffic and parking, and constituting an integral part of the land development project. The term shall not include:

(1)

Areas excluded from the definition of usable lot area in section 19-1.

(2)

Required yards set forth in section 19-145, needed to maintain the distance between the land development project and abutting properties; and

(3)

Other areas required to be left unaltered.

(Rev. Ords. 1987, § 19-364; Ch. 457, § IX, 10-7-97; Ch. 146, § XV, 10-23-00)

Cross reference— Definitions generally, § 1-2.

(a)

Criteria. The following criteria are designed to establish policy and standards for public and private streets. The city shall only permit the development of privately developed, controlled and maintained roadways under circumstances where the following requirements are met:

(1)

It shall be demonstrated that there is no need for a continuous or harmonious street system to serve the area in question or to provide for present or future access to adjacent land for purposes of establishing a harmonious circulation pattern to the surrounding area, at present or in the future;

(2)

It shall be demonstrated that public access or travel through the area in question is not necessary, including access or travel by emergency vehicles or personnel. Every development shall have at least two means of public emergency access, one of which may be exclusively reserved for such use, subject to police and fire department approval;

(3)

Private roadways shall be built to city public street standards for pavement, infrastructure, utilities, and improvements as established in the land development and subdivision review regulations. Any waiver of city standards must receive prior approval of the planning board and shall be specifically requested and justified on the basis of accepted criteria;

(4)

All utilities shall be built to city standards for construction and improvements as established in the land development and subdivision review regulations;

(5)

Legal documents shall be submitted for approval by the planning board which shall provide for perpetual maintenance responsibility by the developer and/or successor landowner association, for the establishment of a fund for such perpetual maintenance responsibility, and which will absolve the city from any future claims, obligations, damages, or lawsuits. Such documents shall specifically permit the city to impose a municipal lien on the property if for any reason the city is called upon to correct a problem or conduct any repair to the street or infrastructure in the future;

(6)

A means of identifying the roadway to the public as a private roadway and/or providing security restricting access to those having business on the premises shall be set forth and shall be a continuing obligation of the developer and/or successor landowner/association;

(7)

Any development subject to planning board approval shall provide that the developer will post a performance and payment bond to cover all roadway improvements and infrastructure normally public but proposed to be private. In lieu of such a bond, a bond will be required between the developer and contractor which shall be subject to the approval and release of the city;

(8)

Any private roadway shall meet requirements of the police and fire departments for adequate public emergency access, and shall be maintained and controlled according to such requirements;

(9)

[Reserved.]

(b)

Waiver. Under certain conditions, waiver to city street standards and construction requirements may be considered by the planning board provided all of the following criteria are met:

(1)

Any waiver shall be specifically requested by the developer at the time of application with justification set forth in writing which addresses each of the criteria which follow;

(2)

Any waiver shall be conditioned on meeting the specific stated objective of the land development and subdivision review regulations or ordinances of the city as may be applicable, and shall be subject to the approval of the planning board;

(3)

The applicant shall state the rationale for and give assurance that the underlying public interest basis of or purpose for any requirement for which a waiver is requested will be fully met in an alternative manner; and that any substitution of material or method will constitute an equal or better alternative;

(4)

In requesting waiver of any requirement, the developer and its successors in title shall thereby explicitly agree to indemnify and hold the city harmless from any claim, lawsuit, damages, or other obligations which may result in the future from the granting of any waiver by the city;

(5)

Waiver of any requirement or obligation shall be conditioned on the developer and/or successor landowner/association providing assurances of perpetual obligations for maintenance, replacement, and upkeep to municipal standards of safety, health, and general welfare.

(Rev. Ords. 1987, § 19-365; Ch. 453, § XV, 7-15-08; Ch. 914, § I(Att.), 12-19-23)

(a)

For a business/technology development as defined in section 19-1, up to 15 percent of the total parking spaces required under section 19-284 may be held in reserve only upon review and approval under the provisions of this article. Such reserve parking area shall be maintained as a landscaped area until such time as the zoning officer and/or the property owner, in consultation with the director of planning, deems that construction of the reserve parking spaces is required.

(b)

The applicant for such a parking reduction shall provide a parking management plan (PMP), which shall provide justification that the number of parking spaces to be supplied will exceed peak parking demand. The PMP shall be based upon nationally accepted methodology and standards for estimating parking demand and shall provide an estimate of peak parking generation based upon square footage, proposed uses, number of employees and all other applicable factors. The PMP should describe any factors which the applicant is utilizing to justify lowering of parking generation figures, such as: Any alternative modes of transportation, including carpools or vanpool; varied work shifts; use of company operated buses; and availability of public transit.

(c)

The developer/applicant, and the property owner, where different, shall be required to sign a binding covenant, with the city a party thereto, to construct the reserve spaces when they are deemed required. Such covenant shall run with the land and be binding upon future landowners and shall be recorded in the city's land evidence records. Such covenant shall be subject to review and approval as to form by the city solicitor. The covenant will detail the conditions under which the city may require construction of the reserve parking spaces, including, but not limited to, on-going parking in unauthorized areas of the site, such as in aisles, driveways and in landscaped areas of a site, and unauthorized off-site parking.

(d)

A request for approval of a reserve parking area shall be submitted and reviewed in accordance with the provisions of this article. A site plan meeting the requirements of article VIII shall be submitted which shall show the layout of all required parking spaces, aisles, landscaping and other applicable standards, and further shall show the reserve parking spaces in relation to the buildings which these spaces will serve. The reserve parking area, when constructed, shall be required to comply with all applicable provisions of this chapter.

(e)

Drainage and erosion control plans and drainage calculations prepared by a professional engineer shall be submitted for the entire site and shall address how the stormwater runoff from the reserve parking area will be accommodated at such time as the reserve parking spaces are constructed. Since the reserve parking may be constructed when deemed necessary, this landscaped area shall be considered an interim use and shall be counted as impervious area for purposes of calculating the maximum impermeable surface permitted for the site as detailed in section 19-455, pertaining to drainage/erosion standards.

(Ch. 457, § X, 10-7-97)