The town was originally settled in small villages, with people living close to a community center. The planned unit development (PUD) district is established as a zoning district designed to provide an alternative to suburban development standards and which is intended to:

(1)

Encourage the development of traditional village centers that provide for a creative mixture of uses, including residential and business, that enhance the quality of community life through careful planning and development without compromising the protection of resources such as groundwater and open space.

(2)

Reduce initial development costs and preserve areas for common use by reducing standard minimum lot size and setback requirements.

(3)

Preserve the character of surrounding neighborhoods and enhance the physical appearance of the area by preserving natural features and existing vegetation.

(4)

Provide for recreation and open areas.

(5)

Promote economical and efficient land use which can result in smaller demands for public facilities, utilities and streets.

(6)

Allow for the creative development of businesses that serve the planned unit development and surrounding areas and reduce the demand upon the automobile for access to businesses.

(7)

Provide an appropriate and harmonious variety of housing and creative site design alternatives which encourages innovative development.

(8)

Promote energy conservation by optimizing the orientation, layout and design of structures to take maximum advantage of solar heating/cooling schemes and energy-conserving landscaping.

(9)

Provide a procedure which can relate the type, design and layout of development to a particular site and the particular demand for housing and other facilities in a manner consistent with the preservation of property values within established residential areas.

(10)

Ensure that a large development will have adequate public services and facilities by coordinating and sharing costs with the developer.

(11)

Comply with the town's comprehensive plan.

(Ord. No. 94-2, § 1, 2-14-1994)

(a)

Overview of process. Obtaining permission to develop a planned unit development is a four-stage process. The process has been designed to optimize the applicant's resources, professional staff and official input, and public involvement. The submission requirements for each stage are set forth in the subdivision and land development regulations. The stages are as follows:

(1)

Staff conference and preapplication review.

(2)

Zoning map amendment by the town council.

(3)

Master plan approval by the planning commission.

(4)

Site plan/subdivision plat approval by the planning commission.

(b)

Staff conference and preapplication review. Prior to meeting with the planning commission for preapplication review, the applicant will meet with the planning department to review the suitability of the site for a planned unit development. Prior to the planning department meeting, the applicant will submit the required preapplication materials in accordance with article IV, section J(a), of the subdivision and land development regulations. The planning department will schedule the meeting with the planning commission within 30 days of the preapplication submittal. If, after review of the preapplication material, the planning commission finds that the proposal is consistent with the purpose of the planned unit development ordinance, a recommendation will be made to the applicant to submit a zoning map amendment application to the town council.

(c)

Zoning map amendment application procedure. Procedures for application for a zoning map amendment are as follows:

(1)

Application. A petition to the town council for zoning map amendment to establish a planned unit development district (PUD) shall be filed with the town clerk and administered in accordance with sections 21-8 and 21-9 pertaining to zoning and map amendments. The town clerk shall forward the application to the planning commission for an advisory opinion. The applicant, in addition to the materials submitted for the planning commission staff conference, shall provide those items listed in section 21-9 pertaining to zoning map amendments and article IV, section J(b), of the subdivision and land development regulations.

(2)

Certification of materials. The planning department shall provide certification that the application and submission materials are complete.

(3)

Planning commission meeting and hearing. A meeting will be scheduled with the planning commission to review the conceptual plan of the planned unit development upon receipt of all required submittal items. The planning staff and planning commission will prepare a report with recommendations to the town council during the zoning map amendment process. For the purpose of rendering an advisory opinion, a public hearing will be held by the planning commission prior to making its recommendation to the town council based on the criteria established in subsection (c)(5) of this section.

(4)

Town council public hearing. Following the receipt of the planning commission recommendation, a public hearing shall be held by the town council in accordance with section 21-8.

(5)

Criteria. The following shall be utilized by the town council and planning commission in evaluation of a rezoning petition to establish a planned unit development zoning district. In order to obtain the requested zone change, the applicant shall demonstrate and the town council shall find as a fact the following:

a.

The proposed development will be in harmony with the stated purposes of this article.

b.

The proposed site consists of at least 100 acres of suitable land for development as defined in subsection 21-214(a)(2).

(6)

Zoning map designation. Following town council approval of a petition for a zoning map amendment, the property for which approval was granted by ordinance shall be labeled "PUD" on the town's official zoning map.

(7)

Effect of approval. If the zoning map amendment is approved, the applicant may proceed to the master plan approval process.

(d)

Master plan approval. Procedures for approval of the master plan are as follows:

(1)

Application. Following zoning map amendment approval, the applicant shall submit the planned unit development application to the planning commission for master plan approval.

(2)

Planning department meetings. The planning department shall meet with the applicant for the proposed development prior to discussion with the planning commission. (See article IV, section J(c), pertaining to master plan approval in the subdivision and land development regulations.) Subsequent to the completion of the planning department review and prior to any required public hearing, the applicant shall meet with the planning commission to review the proposed master plan. The purpose of the staff review will be to assess the following and to ensure compliance with the purposes of this article:

a.

An inventory of the site's physiography and available infrastructure;

b.

The carrying capacity of the land, especially as it relates to soils, groundwater and services;

c.

The mix of residential types, commercial types, and major recreational amenities; and

d.

A mitigation program to address all environmental and community impacts.

(3)

Criteria. In approving a master plan for a planned unit development, the planning commission shall ensure that the plan complies with the following:

a.

All of the submission requirements in the subdivision and land development regulations article 15.0, § 15.8, pertaining to master plan approval have been met.

b.

There has been compliance with all of the general requirements in section 21-487.

(4)

Public hearing. After the planning department and planning commission meetings described in this subsection, a public hearing will be held before the planning commission. Abutters within 500 feet of the site will be notified and the hearing advertised in a newspaper of local circulation. Advertising and all required notices shall be in accordance with RIGL 1956, § 45-23-40(D)(1), as amended. The cost of advertising and notification shall be borne by the applicant. The master plan shall be approved, approved with conditions or denied within 45 days of the close of the public hearing. The planning commission may grant an extension to the time period required for action at the request of the applicant.

(5)

Permit conditions. As a condition of approval, the planning commission may require such changes in the proposed development plans and may impose such conditions and safeguards as it deems necessary to meet the purposes of this article.

(6)

Subdivision/site plan approval application. Following master plan approval, the applicant may file for subdivision/site plan approval. If a planned unit development subdivision/site plan application is not filed with the planning commission pursuant to articles I through IV of the subdivision and land development regulations within one year of master plan approval, the town council shall reserve the right to rezone the property to any zoning classification that is consistent with the comprehensive plan after notice to property owners, abutters and a public hearing has been held in accordance with the provisions of RIGL 1956, § 45-24-53.

(7)

Modification. Amendments to the approved master plan shall be in accordance with the following:

a.

Minor modification. Amendments to the approved master plan which do not substantially change the concept of the master plan may be approved by the planning director. The developer shall request such amendments in writing, clearly setting forth the reasons for such changes. If the change is approved, the master plan shall be amended. Appeal from the decision of the planning director may be taken to the planning commission.

b.

Major modification. Amendments to the approved master plan which the planning department determines to be substantial deviations from the concept of the approved planned unit development shall require application to and review by the planning commission pursuant to subsection 21-487(f).

(8)

Project phasing. If the developer anticipates a phased development, a proposed phasing plan and schedule must be submitted to the planning commission for its approval at the time of master plan submission as per subdivision and development regulation submission requirements. The phasing schedule, upon consultation and approval by the planning commission, may be amended from time to time. Amendment to the phasing schedule shall not be considered an amendment to the master plan.

(e)

Subdivision/site plan approval. Procedures for approval of the subdivision/site plan are as follows:

(1)

Review processes. The applicant shall submit a planned unit development plan or any phase thereof for subdivision/site plan approval following master plan approval. The review procedure for subdivision/site plan approval shall be undertaken in two distinct review processes: preliminary and final. Subdivision/site plan approval shall follow the preliminary and final submission requirements as set forth in article IV, sections B, C, F and J(d) of the subdivision and land development regulations. Additionally, where nonresidential uses are proposed, submission requirements as set forth in section F of article IV must also be provided. All administrative processes, notice and hearing requirements shall be in accordance with RIGL 1956, §§ 45-23-41, 45-23-42 and 45-23-43.

(2)

Submission in phases. If the plan is to be submitted in phases, the applicant shall follow the requirements set forth in subsection 21-487(p) pertaining to phasing.

(3)

Modifications. Amendments to the approved site or subdivision plan shall be in accordance with the following:

a.

Minor modifications. Amendments to the approved site or subdivision plan which do not substantially change the concept of the planned unit development may be approved by the planning director. Such minor changes may include but are not limited to small site alterations such as realignment of minor roads or relocation of utility lines due to engineering necessity. The developer shall request such amendment in writing, clearly setting forth the reasons for such changes. If the change is approved, the site plan or subdivision plan shall be so amended. Appeal from the decision of the planning director may be taken to the planning commission.

b.

Major modifications. Amendments to the approved site/subdivision plan which the planning department determines to be a substantial deviation from the concept of the approved planned unit development shall require application to and review by the planning commission pursuant to subsection (f) of this section.

(f)

Major modification procedures. Procedures for major modification are as follows:

(1)

Major modification of master plan. Amendments to the approved master plan which the planning department determines to be substantial deviations from the concept of the approved planned unit development shall be considered a major modification. In order to seek a major modification, the developer shall request such modification in writing, clearly setting forth the reasons for such change. The planning department shall forward a copy of such modification requested to the planning commission along with any supporting information and the staff report to assist the planning commission in its decision-making. The planning commission shall hold a public hearing on the proposed major modification. Notification and advertising of such hearing shall be in accordance with RIGL 1956, § 45-23-40(D)(1). In its deliberation, the planning commission may require any information as set forth in article IV, section J(c) of the subdivision and land development regulations which reflects the proposed modification. If the modification is approved by the planning commission, master plan amendments shall be prepared and reviewed by town staff prior to final authorization by the planning commission. Appeal from the decision of the planning commission shall be in accordance with applicable statutes concerning appeals from any decision of a planning commission.

(2)

Subdivision/site plan. Amendments to the approved subdivision/site plan which the planning department determines to be substantial deviations from the concept of the approved planned unit development shall be considered a major modification. In order to seek a major modification, the developer shall request such modification in writing, clearly setting forth the reasons for such change. The planning department shall forward a copy of such modification requested to the planning commission along with any supporting information and staff report to assist the planning commission in its decision-making. The planning commission shall hold a public hearing on the proposed major modification. Notification and advertising of such hearing shall be in accordance with RIGL 1956, § 45-23-42(B), (C), (D). In its deliberation, the planning commission may require any information as set forth in article IV, section J(d) of the subdivision and land development regulations which reflects the proposed modification. If the modification is approved by the planning commission, subdivision/site plan amendments shall be prepared and reviewed by town staff prior to final authorization by the planning commission. Appeal from the decision of the planning commission shall be in accordance with applicable statutes concerning appeals from any decision of a planning commission.

(Ord. No. 94-2, § 1, 2-14-1994)

(a)

Permitted uses. The following uses are permitted in a planned unit development and must be in accordance with the delineated use areas as specified in the subdivision/site plan:

(1)

Residential uses in locations as delineated in the subdivision/site plan:

a.

Single-family dwellings.

b.

Multifamily dwellings (two or more attached dwelling units).

(2)

Governmental, institutional and public service uses in locations as delineated in the subdivision/site plan:

a.

Municipal uses.

b.

Educational uses.

c.

Religious uses.

d.

Public or private utility facilities, except for those uses enumerated as special permit uses.

e.

Day care center.

f.

Museum.

(3)

Business uses in locations as delineated in the subdivision/site plan:

a.

Private club or lodge, section 21-12.

b.

Neighborhood business, section 21-87.

c.

Clinic, section 21-12.

d.

Personal convenience service, section 21-12.

e.

Commercial recreation.

f.

Professional and business services, section 21-12.

g.

Corporate offices.

h.

Hotel and motel, including tourist cabins.

(4)

Agricultural uses: farm, plant nursery and forestry.

(5)

Accessory uses:

a.

The sale of farm, garden or nursery products grown on site.

b.

Storage space for not more than four vehicles.

c.

One accessory dwelling unit in a single-family dwelling, provided that the overall number of bedrooms in both the primary dwelling and the accessory dwelling do not exceed four bedrooms, not less than ten square feet of lot area for each one square foot of floor area of the accessory dwelling unit is provided over the minimum lot size required for the principal dwelling, the accessory dwelling unit must be incidental to the single-family use, and the area devoted to the accessory dwelling unit does not exceed the area devoted to the single-family dwelling.

d.

Not more than two rooms rented or table/board furnished incidental to a private residence use.

(b)

Special use permit. Procedures for obtaining a special use permit are as follows:

(1)

Uses requiring permit. The following uses, unless otherwise prohibited in an overlay district, require a special use permit from the zoning board of review:

a.

Automotive services, including service stations.

b.

Communications tower.

c.

Electrical transfer station.

d.

Wholesaling.

e.

Research facilities.

f.

Warehousing.

g.

More than two rooms rented or table/board furnished incidental to a private residence use.

(2)

Planning commission review and recommendation required. Prior to a zoning board public hearing, a special use permit application shall be reviewed by the planning commission for recommendation. The planning commission shall make a recommendation based on the following criteria: compatibility of the proposed use in relation to the surrounding area; the scale of the use in relation to the surrounding area; and consistency with the purposes of this chapter and this article. The planning commission in making a recommendation may also recommend appropriate special conditions that will bring the application into compliance with these criteria.

(3)

Findings of fact for special use permit. The criteria for special use permits are established in subsection 21-6(2) for a special use permit and shall be consistent with the purposes and intent of this chapter and this article.

(c)

Mix of uses. Residential uses shall comprise at least 70 percent of the net floor area of all buildings in a planned unit development.

(d)

Screening along roadways. The following minimum standards for the development of landscaped areas shall govern the review of site plan/subdivision submittals for consistency with this article. A bufferyard may be located within the street right-of-way as appropriate and may be bisected by a sidewalk or other pedestrian ways. Applicants may submit alternative screening plans for planning commission review and approval. Uses within the planned unit development which abut public roadways shall be screened as follows:

(1)

Residential uses.

a.

Abutting arterial street. A bufferyard of 20 feet in width containing at least five canopy trees, ten understory trees and 15 shrubs per 100 feet of frontage as defined in the master plan submission requirements in the subdivision and land development regulations.

b.

Abutting collector street. A bufferyard of 15 feet in width containing at least two canopy trees, four understory trees and six shrubs per 100 feet of frontage.

c.

Abutting local street. A bufferyard of ten feet in width containing at least two canopy trees per 100 feet of frontage.

(2)

Nonresidential uses.

a.

Abutting arterial or collector street. A bufferyard of ten feet in width containing at least one canopy tree, two understory trees and three shrubs per 100 feet of frontage.

b.

Abutting local street and facing nonresidential use. A bufferyard of ten feet in width containing at least one canopy tree per 100 feet of frontage.

c.

Abutting local street and facing residential use. A bufferyard of 15 feet in width containing at least two canopy trees, four understory trees and six shrubs per 100 feet of frontage.

(3)

Specific criteria for landscaped areas. Approval of the site or subdivision plan by the planning commission shall include specific criteria for the landscaped areas.

(e)

Streets and roads. All streets in a planned unit development shall be improved in accordance with the requirements and specifications of the subdivision and land development regulations. At the discretion of the planning commission, some or all of the roads serving planned unit developments may be owned in common by the owners and maintained as private rights-of-way. A performance guarantee shall be required for all streets and private rights-of-way in the planned unit development.

(f)

Parking. Parking shall conform to the applicable requirements of article XI of this chapter.

(g)

Sidewalks. Sidewalks shall be constructed in accordance with article 13.0 of the subdivision and land development regulations. In addition to such requirements, sidewalks shall be located along the frontage of any business and on at least one side of a street in any residential area. Sidewalks shall provide linkage to all areas of the development.

(h)

Open space criteria. Criteria for open space shall be as follows:

(1)

Within a planned unit development, no less than 25 percent of the land suitable for development, exclusive of land set aside for road area and accessory uses, shall be devoted to open space for recreational or conservation purposes. (See the definition of open space at section 21-12.)

(2)

At least one-half of the open space, or 12.5 percent of the land suitable for development, shall be usable for active recreation.

(3)

Provisions shall be made to ensure that no more than 20 percent of the open space will be devoted to paved areas and/or structures, both of which must be related to open space uses or uses accessory to permitted uses.

(4)

Use of the open space as permitted in subsection (h)(8) of this section shall be shown on the master plan. All structural improvements shall be a part of the final submission plans approved by the commission. Following the conveyance of at least 51 percent of the lots in any phase, such improvements may be permitted by the commission with the written concurrence of at least two-thirds of the owners' association membership. No structure on the open space may be located within 50 feet of residential property abutting the planned unit development.

(5)

Strips of common land shall be permitted only as usable access paths between residences, streets and open space; drainage areas; and as buffers.

(6)

Access areas to the open space shall be clearly marked with appropriate signs to distinguish commonly owned open space area from private property.

(7)

Open space may be in one or more parcels, the size, location, shape and character of which must be suitable for the designated uses. (See section 21-12 for the definition of open space.)

(8)

Open space may be used for active or passive recreation, conservation, forestry, agriculture, natural buffers, utilities and associated storage facilities owned and operated by the owners' association for its own use including septic systems and package sewage treatment facilities. Passive recreation includes uses which require very little disturbance of the land, such as walking trails, picnic areas, etc. Active recreation includes uses which require more intensive alteration of the land, especially those uses requiring structures and impermeable surfaces such as golf courses, tennis courts, swimming pools, etc.

(9)

Land which has been environmentally damaged, prior to final approval of the development by the planning commission, as a result of soil and earth removal operations, harvesting of trees or other natural features or refuse disposal or other causes shall not be accepted as open space unless and until the land is restored to a condition which the planning commission determines to be reasonable and appropriate to effect the purpose of this article. The planning commission may grant final approval for a planned unit development subject to such restoration of the open space, provided an appropriate performance guarantee is posted.

(i)

Ownership of open space. Ownership of the open space shall be in accordance with the following:

(1)

There may be different categories of open space ownership. Within such categories, ownership shall be by individual lot owners as tenants in common. The deed to each lot shall include the percentage ownership in each applicable category. Each lot owner shall be required to be a member of the owners' association, which shall be formed prior to conveyance of the first lot. The assessment of dues or fees for structural improvements and maintenance requires the affirmative vote of no less than two-thirds of the owners' association membership.

(2)

All or part of the open space area used as a basis for calculation to determine density, if used for active recreation purposes, may be owned by a separate entity. In such case, the area shall be impressed with an open space easement as defined in subsection (i)(3) of this section running to the lot or unit owners, in addition to an open space easement which shall be granted to the town.

(3)

An open space easement restricting the area against any future building and against the removal of soil, trees and other natural features, except as is consistent with conservation, recreation or agricultural uses or uses accessory to permitted uses, shall be conveyed to the town for all open space within the planned unit development.

(j)

Traffic impacts. The applicant must demonstrate the feasibility of and agree to provide the road improvements and traffic control devices necessary to accommodate increased traffic generated by each phase of the planned unit development.

(k)

Public utilities and service impacts. It shall be demonstrated that, at the completion of the planned unit development, adequate capacity exists or can be made available to support the development from the public water supply, stormwater management facilities, sewers, solid waste disposal facilities, public safety, emergency and educational services of the town. This demonstration must be shown for each phase of the development. Public facilities constructed in connection with the planned unit development shall be constructed and located so as to minimize costs of municipal operation and maintenance.

(l)

Density. Density for the planned unit development shall be calculated as follows:

Notes:  ¹ Four dwelling units/acre in no case to exceed five mg/l nitrate.

² Square feet of floor area per acre of land suitable for development as defined in subsection 21-214(a).

In calculating density, the volume of land used for calculating residential uses cannot be used for calculating nonresidential uses, and vice versa. Calculation for density shall be in the same manner as cluster development subsection 21-214(a)(1)—(a)(3) minimum requirements. These limits may be increased by the planning commission under the density bonus options contained in subsection (m) of this section.

(m)

Density bonuses. A maximum density bonus of ten percent over the allowable base density for residential development, as set forth in subsection (l) of this section, may be approved in accordance with the standards set forth in this subsection. The density bonuses may be granted at the discretion of the planning commission if the proposed density bonuses promote the purposes of the planned unit development zoning district set forth in section 21-485. No density bonuses will be granted within groundwater overlay districts unless the area is sewered. All density in a groundwater recharge and wellhead overlay district is subject to a nitrate loading analysis. Standards for density bonuses are as follows:

(1)

Dedicated open space. Increase the dedicated open space area by a minimum of ten percent of the net acreage of the tract.

(2)

Active recreation. Develop facilities and areas for active recreation exceeding by 50 percent of the minimum requirement of subsection (h)(2) of this section. Active recreation facilities may include but are not limited to tennis courts, swimming pools, ballfields, picnic or cookout facilities and tot lots.

(3)

Bikepaths/greenway systems. Create an integrated system of bikepaths or pedestrian greenways. The system should be linked to other open spaces outside of the development.

(4)

Solar access. Provide solar access to at least 40 percent of the dwelling units and ensuring through appropriate deed restrictions that dwelling units may effectively utilize solar energy systems for water and space heating purposes, provided the design of the planned unit development meets the following:

a.

The planned unit development shall be designed so that the buildings shall receive sunlight sufficient for using solar energy systems for water heating and/or space heating and cooling. Building and vegetation shall be sited so that unobstructed sunlight reaches the south wall or rooftop of the designated units employing the solar heating/cooling systems including active and/or passive systems.

b.

The following criteria in addition to other design elements shall be evaluated in determining proper site design for the active and/or passive solar system utilized:

1.

Site selection.

2.

Street pattern.

3.

Lot orientation.

4.

Building orientation.

5.

Building design.

6.

Existing and proposed vegetation.

7.

Shadow patterns.

(5)

Moderate pricing. Provided that a minimum of ten percent of all dwelling units shall be marketed at moderate price, defined as 90 percent of the average area median sale price or the federal limit as determined by the Internal Revenue Service, whichever is lower, and reserved for sale to moderate-income buyers, the maximum qualifying income of whom shall not exceed 2.3 times 50 percent of the area median income, adjusted by family size, as established by the Department of Housing and Urban Development. Designed moderately priced units shall be identical in external design and construction to the other units in the project and shall be integrated throughout the planned unit development. The developer must enter into a binding agreement with the town to maintain the affordability of these units for a minimum 30-year period.

(6)

Rental units. Provide a minimum of 30 percent of all dwelling units as rental housing at rents 20 percent below market rate. The developer must enter into a binding agreement with the town to maintain the designated units at 20 percent below market rate.

(7)

Day care. The developer must enter into a binding agreement with the town to dedicate a facility for day care and to provide a viable management and operations structure.

(n)

Dimensional regulations. The following table shall apply to all buildings within the planned unit development unless approved otherwise by the planning commission. Building height and lot coverage by structure are maximums.

Without Public Sewers

With Public Sewers

Notes:

¹  Minimum front yard setbacks shall be governed by subsections (d)(1) and (d)(2) of this section. Side and rear yard setbacks and/or building envelopes for each phase shall be determined by the planning commission.

²  1,500/300 sq. ft. of building (10,000 sq. ft. minimum).

³  1,000/300 sq. ft. of building (5,000 sq. ft. minimum).

⁴  As determined by master plan.

(o)

Signs. All signs in the planned unit development shall conform to the applicable requirements of article X of this chapter.

(p)

Project phasing. The planning commission, in its evaluation of the phasing program, should consider the structuring and sequencing of the phases as to the viability of the project. Each phase is considered a part of the total master plan, and meaning within the master plan governs. Any major modifications at the subdivision level must effect an amendment to the master plan. The following shall be guidelines for phasing:

(1)

Performance guarantees for each phase should be sufficient to meet the requirements of section J of appendix A, pertaining to subdivision and development regulations.

(2)

The planning commission shall determine an acceptable level of commercial development for each phase including the cumulative effect of residential development. The percentage of commercial development can be lower in the early phases in order to develop the population base that will sustain the businesses.

(3)

While not all roads need be built initially, any through road providing primary access to the development should be completed during the first phase.

(4)

Each phase should have a contingency plan in case it is the last phase developed. This would include the minimum infrastructure requirements to satisfy the existing development. Performance guarantees must be sufficient to provide for the contingency plan.

(5)

The planning commission shall determine the required transportation improvements, if any, for each phase of the development based on the anticipated traffic impact for each phase of the development and the cumulative effect of approved phases.

(q)

Architectural design standards. The project will conform to the architectural standards set forth by the applicant in the environmental and community inventory and impact analysis (subdivision and development regulations, article 15.0, section 15.8, master plan approval, 6.f. Aesthetics, i. Architecture). Drawings and other specifications submitted to and approved by the planning commission shall become a part of and made a condition of the decision to approve the project. The planning commission shall determine appropriate front, side and rear setback requirements for each subdivision/site plan application in order to ensure continuity of building location for each phase.

(r)

Required certificates or documents. The following certificates or documents shall be submitted with the final plans in accordance with the subdivision and development regulations:

(1)

A written agreement or contract to be executed between the developer and the town stating the following:

a.

The owner or developer will construct the development and install improvements both public and private in accordance with the approved plan; further, a performance guarantee by phases, as appropriate, shall be posted to guarantee completion in accordance with the subdivision and development regulations.

b.

If the owners, successors or assigns fail to maintain any open space, recreation areas, landscaping features or other required improvements, the town may enter into such development and perform such necessary maintenance work and charge the cost, including attorney's fees, to the owners, successors or assigns.

c.

The 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.

d.

All specific conditions required by the planning commission appropriate for inclusion in such agreement.

e.

All unpaid assessments and charges of the homeowners' association against individual lot owners shall constitute a lien on the property of the lot owner and shall be enforceable and collectable according to the enforcement and collection procedures for condominium fees as provided in RIGL 1956, § 34-36.1-3.16.

(2)

Copies of any proposed management policies and existing deed restrictions or covenants running with the land in the development, if any exist or are proposed.

(3)

A description of any existing easements, covenants or restrictions affecting land within the development and an instrument conveying any easements required as condition of approval to the town.

(4)

All other procedural requirements or supporting material set forth in the subdivision and development regulations sections not mentioned in this section, which are applicable to any planned unit development.

(5)

The following disclosure shall be required. Prior to approval by the planning commission, the developer must file and have approved by the planning commission and town solicitor the following documents:

a.

A sample purchase and sales agreement which shall be used for the purchase of the individual lots and dwellings. Such agreement shall include in conspicuous type the following: "That the property is part of a planned unit development subject to Article XX of Chapter 21 of the Revised Ordinances of the Town of North Kingstown; that the purchaser and subsequent owners of the property are subject to the requirements therein contained; that the purchaser shall be required to be a member of an owners' association, shall be subject to rules and regulations of such association and shall be liable for any applicable assessment made by or against such association." The purchase and sales agreement shall further contain a statement by the seller that the purchaser has been provided with a copy of the rules and regulations of the owners' association, copies of any proposed management and fiscal policies, copies of restrictions or covenants running with the land in the development and a prospectus which shall be a summary in layperson's language of the information contained in the other documents.

b.

Copies of any declaration of condominium or proposed declaration, the documents creating the owners' association, the bylaws and the rules and regulations of the owners' association, any management policies or proposed management policies, proposed fiscal management program to ensure proper maintenance of all commonly owned land and facilities, copies of any restrictions or covenants running with the land in the development and the prospectus which shall be a summary in layperson's language of the information contained in the filed documents.

(6)

It shall be clearly and conspicuously posted at all entrances to the planned unit development that it is a planned unit development subject to the bylaws, rules and regulations of the owners' association.

(7)

If any roads serving the planned unit development are owned in common by the owners' association and maintained as private rights-of-way, this fact, along with a statement that all the costs and expenses of repairing and maintaining the roads are the responsibility of the owners' association, shall be clearly and conspicuously posted on such roads prior to the sale of any lots.

(8)

Such other documents or written agreements as required by the department of planning and development, planning commission or town solicitor.

(s)

Approval required before construction of improvements. No activities such as clearing, rough grading, streets, public water supply or other improvement shall be constructed and no building permit shall be issued for the construction of any building within any planned unit development unless a plan of such development has been approved by the planning commission and recorded in the office of the town clerk and the performance guarantees are secured and approved. Notwithstanding this requirement, the planning commission may approve one or more such activities at any time upon request of the developer and subject to any required conditions and guarantees.

(Ord. No. 94-2, § 1, 2-14-1994; Ord. No. 94-12, § 1, 6-27-1994)