10.1.1. Purpose. The purpose of this section is to promote development that:

A.

Incorporates residential, commercial, and public uses in a compact, walkable environment;

B.

Includes housing units providing long-term housing affordability to low or moderate-income households;

C.

Reflects traditional New England village development in terms of its physical design, scale, mix of uses, and visual character;

D.

Supports environmental sustainability by providing for pedestrian access and circulation, compact design, and open space preservation through transfer of development rights; and

E.

Implements "A Vision for Exeter" as described in the comprehensive plan.

10.1.2 Establishment of a planned village overlay district. Planned village development (PVD) can only occur in the Town of Exeter through the establishment of a planned village overlay district (PVOD) in accordance with the provisions of this article.

A.

Applications for a PVD may be submitted to the Town of Exeter for land within an existing PVOD or as part of a new district. Applications for a new district shall be accompanied by a proposed comprehensive plan future land use map amendment (if necessary) and a zoning map amendment consistent with the comprehensive plan.

B.

Where a change to the zoning map is required, application to the planning board for the zoning map amendment shall be accompanied by site plans depicting the proposed development within the full extent of the district. The site plans shall include all information that would be required for a master plan submittal for a PVD major land development project.

10.1.3. Eligibility. Locations eligible for PVOD shall meet all of the following criteria:

A.

At least one lot within a proposed PVOD shall have adequate frontage on and access to an arterial street as defined in the article I, section 1.2 of this ordinance.

B.

The location of the proposed PVOD shall be consistent with areas identified as potential village sites in the comprehensive plan.

C.

For newly proposed PVOD districts, the minimum aggregate lot size shall be no less than ten acres.

D.

Land that abuts an existing PVOD may also be considered for PVOD zoning change where the property will be integrated by design into the existing PVOD. Where an abutting property may be added on to an existing PVD, there shall be no minimum area requirement for that abutting property.

10.1.4. Permit procedures.

A.

Any application for PVOD that requires a change to the zoning map shall be reviewed as a major land development project.

B.

Approval of a PVD master plan submission by the planning board shall be conditional upon subsequent changes to the future land use map and the zoning map to establish the PVOD.

C.

Where a PVOD is already established on the zoning map, but the development proposed as part of the initial zoning map change was not constructed per the conditions of the approved master plan within the required timeframe allowed by state law, new proposals or revisions to that first proposal shall require review as a new major land development project.

D.

Any change to restrictions or conditions placed on the original zoning map amendment including, but not limited to, deed restrictions, covenants, maintenance agreements, design standards, and limits on commercial square footage, shall require a formal re-submittal of the master plan.

E.

Where a PVOD zoning district is already established and substantial construction conforming to the plans approved as part of the initial zoning map change has taken place, applications for additional development or changes within the district that meet or exceed the following criteria shall be submitted as a major land development projects in accordance with the procedures of the land development and subdivision regulations:

1.

Any new commercial use with a building footprint that exceeds 4,000 square feet;

2.

Any proposed use that requires transfer of development rights;

3.

The creation of new development or the expansion of existing development that would increase the amount of parking by more than ten spaces.

10.1.5. Relationship to other sections of the zoning ordinance. Where the provisions set forth in this section of the zoning ordinance govern the procedures or standards found elsewhere in the zoning ordinance that would otherwise apply, including but not limited to those that apply to the underlying districts, the provisions of the PVOD shall govern. Where this section of the zoning ordinance may be silent on procedures found elsewhere in the zoning ordinance, and which are otherwise applicable, those standards found elsewhere in the zoning ordinance shall govern.

(Ord. of 9-27-12, Exh. 1; Ord. of 12-4-2023(1))

10.2.1 Housing affordability. At least one low or moderate income dwelling unit shall be provided for every seven market-rate dwelling units.

10.2.2 Residential density. Residential development within a PVD is intended to provide a diversity of attractive housing types that will serve a range of individuals and families in accordance with the requirements of this subsection. Residential density that is proposed over and above the residential density allowed by right within the underlying district shall also require the transfer of development rights pursuant to section 6.0 of the land development and subdivision regulations.

A.

The maximum density of residential development for an individual lot within a PVD shall not exceed 15 units per acre. The average density of residential development in the PVOD shall not exceed eight units per acre. Any dedicated open space within the PVOD or on an individual lot shall not be included in these calculations.

B.

This permitted increase in density is provided as a municipal government subsidy as defined in this ordinance and in R.I. Gen. Laws § 45-53-3.

10.2.3 Maximum floor area. The gross floor area of an individual commercial establishment in the PVD shall not exceed 15,000 square feet, except that a grocery store may be permitted a gross floor area up to 25,000 square feet. Architectural techniques shall be used on larger structures to reduce the impact of massing including varied rooflines and articulation pursuant to the design regulations in section 6.0 of the land development and subdivision regulations.

10.2.4 Public space.

A.

At least ten percent of the land in a PVD shall be designated as public space as part of the site design, but can remain in private ownership.

B.

Wetlands may be devoted to public space but shall not be counted towards the minimum public space requirement.

10.2.5. Parking.

A.

Any application for a PVD shall demonstrate that the development complies with the requirements of the applicable provisions of the article V of the zoning ordinance with the following additions, exemptions or alterations:

1.

Any use requiring in excess of 125 parking spaces shall not require a special use permit.

2.

As part of a PVD application review, the planning board may allow parking within the front yard setback where the placement of the parking is part of a larger design scheme to enhance the walkability within a village setting.

3.

As part of a PVD application review, the planning board may reduce setbacks for parking spaces or aisles where the placement of said parking or aisle is part of a larger design scheme to enhance the walkability within a village setting. Parking spaces less than ten feet from any building shall be separated from the building by raised curb, bumper or wheel guards. The requirements of this subsection shall not be applied to detached single-family dwellings.

4.

As part of a PVD application review, the planning board may allow for different buffer configurations and design where connections with the adjacent residential district are designed as part of the PVD.

5.

Off-street loading space shall not be part of any area used to fulfill the off-street parking requirement associated with the intended use of the land unless approved by the planning board as part of a PVD application and where the use of the parking area is consistent with the goal of creating a walkable village setting.

B.

An applicant for a PVD may propose that all or a portion of parking associated with residential or commercial use will be located off-site. The planning board may allow off-site parking on a lot of different ownership to be counted for a given operation provided that a covenant or easement between property owners is presented in advance of final plan review. Off-site parking shall be within 500 feet of the front entrance of the use it is proposed to serve as measured along an easily accessible and well-lit pedestrian pathway.

C.

The planning board may require, within the PVD review process, that an applicant provide justification for the number of proposed parking spaces. Analyses provided by the applicant may include, but shall not be limited to, shared parking or off-site parking analyses, case study data of similar uses, or the use of parking space management measures such as enforceable time limitations, fees, or parking limitations for employees.

(Ord. of 9-27-12, Exh. 1; Ord. of 11-6-2023(1) ; Ord. of 12-4-2023(1))

10.3.1. TDR required. TDR is required where an application for PVD would increase the amount of residential development beyond what is allowed in any of the underlying districts.

10.3.2. Applicability.

1.

Areas of the Town of Exeter that qualify as potential sending areas include undeveloped or agricultural lots within the B, RE-2, RU-3, RU-4 and CR5 districts.

2.

Districts that qualify as potential receiving districts for development rights include approved PVODs.

3.

Where a lot is partially contained within either a sending area or a receiving area, only the portion of the lot contained in such area may be used for the purposes of establishing or landing development rights respectively.

10.3.3. Authority. The certification or transfer of development rights may only be approved through application to the planning board according to the procedures and standards provided in this article X of the ordinance and related provisions in the land development and subdivision regulations. A person or party proposing only to determine the development rights and vest those rights in a certificate of development rights shall apply for TDR sending area land development project approval with the planning board in accordance with section 6.0 of the land development and subdivision regulations.

(Ord. of 9-27-12, Exh. 1)