[Amended 5-15-2000 by Ch. No. 1300; 10-12-2004 by Ch. No. 1510; 12-13-2004 by Ch. No. 1520; 5-22-2006 by Ch. No.
1575; 9-11-2006 by Ch. No. 1580; 9-21-2020 by Ch. No. 1995; 10-26-2020 by Ch. No. 1997]
A.
Intent. The purpose of this section is to preserve the Town's natural
environment, enhance its built environment, improve its visual character,
and sustain a high quality of life through review of plans for new
development and redevelopment of existing uses. High standards of
design; landscaping (including landscaped parking lots); improved
community appearance; preservation and protection of environmental
quality; buffering and screening of conflicting land uses from other
land uses and from public streets; and traffic and pedestrian safety
are goals to be achieved through development plan review.
B.
New or redeveloped uses, activities or facilities requiring development
plan review by the Planning Board include:
(1)
Construction of any new multifamily residential structure, or combination
of structures, with three or more units, except for those projects
that require review under R.I.G.L. § 45-23-38 or 39.
(2)
Construction of any new commercial, industrial, or mixed-use structure
or combination of structures, with a gross floor area of 1,000 square
feet or more, except for those projects that require review under
R.I.G.L. § 45-23-38 or 39.
(3)
Construction of any addition or expansion of impervious surface of
at least 1,000 square feet or 25% of the impervious surface, whichever
is less, to an existing multifamily, commercial, industrial, or mixed-use
structure, or combination of structures.
(4)
New development, or the redevelopment, reconstruction, relocation,
or enlargement of an off-street parking area or loading facility.
C.
Exempt activities. Development plan review by the Planning Board
shall not be required for the following activities:
(1)
Any activity associated with a change of use of any land or any structure
if such a change:
(a)
Does not involve physical alteration of the land; or
(b)
Involves interior modifications to a building only; or
(c)
Involves exterior modifications to a building which results
in an increase in the area of the lot which is covered by impervious
surface of less than 1,000 square feet or 25% of the impervious surface,
whichever is less.
(2)
Single or two-household detached residential structures, and subdivisions
that require review under R.I.G.L. § 45-23-38 or 39.
(3)
Upon the written decision of the Town Planner finding that the change
in use or occupancy and construction will not affect existing drainage,
circulation, relationship of buildings to each other, landscaping,
buffering, lighting and other considerations of development plan review,
and that the existing facilities do not require upgraded or additional
site improvements to become or remain consistent with this section.
D.
Administrative review.
(1)
A zoning submittal application and the written opinion of the Zoning
Officer shall precede any development plan review application. The
Office of Planning shall provide the necessary forms for development
plan review and shall review the plans for completeness. Before submitting
a development plan, an applicant may meet with a staff member of the
Planning Office to discuss the proposed project, and to establish
which of the requirements set forth in the Development Plan Review
Checklist are applicable. The required contents of the development
plan submission will depend on the scope and complexity of the proposed
project, as determined by the Town Planner. This provision does not
affect the authority of the Planning Board to request additional information
or documentation from the applicant. The application fee for development
plan review shall be equal to $500 plus $20 per commercial/residential
unit.
(2)
At the discretion of the Town Planner, an application will be certified
as complete. A complete application shall be referred by the Town
Planner to the Zoning Officer, Town Engineer and utilities, other
boards and public safety personnel for review and comment as applicable.
(3)
Any application for development plan review which includes new construction including additions, signs and other advertising features, exterior lighting and/or landscaping shall first be reviewed by the Architectural Review Board (ARB). Such review by the ARB shall be advisory to the Planning Board, Zoning Board and other permitting authority and shall include a recommendation with respect to any relief requested or conditions required for consistency with the standards of § 260-45F.
E.
Planning Board action.
(1)
Any development or redevelopment permitted under the Zoning Ordinance
and requiring development plan review under this section may be either
approved, approved with conditions, or denied on the merits of the
proposed plan by the Planning Board. Unless the Planning Board decision
is advisory to the Zoning Board, the written decision of the Planning
Board shall be recorded in the land evidence records within 20 days
of the Planning Board vote. The decision of the Planning Board may
be appealed to the Zoning Board within 30 days of the date the decision
is recorded.
(2)
Any development or redevelopment that also requires a variance, special use permit, Zoning Ordinance amendment or Zoning Map change shall complete development plan review by the Planning Board prior to the hearing of the permitting authority. Development plan review by the Planning Board shall be advisory to the permitting authority and shall include a recommendation with respect to any relief requested or conditions required for consistency with the standards of § 260-45F and the Comprehensive Plan. Under these circumstances the decision of the Planning Board cannot be appealed.
(3)
Final development plan review approval shall be provided by the Town
Planner. If a development proposal is modified by the Zoning Board
or other local or state permitting authority, the Town Planner may
grant final approval upon finding that all revisions are done in accordance
with the provisions of this chapter and with any conditions to which
the original approved plan is subject. However, any revision to a
development plan determined by the Town Planner to be a substantial
modification will require submission of an application for final plan
approval by the Planning Board. Whether approved administratively
by the Town Planner or by the Planning Board, the application fee
for final approval shall be $100.
F.
Standards for development plan review. In addition to the appropriate standards set forth in Article XI and Article XII, the following standards shall be applied by the Town Planner and the Planning Board for review and disposition of applications for development plan approval. The Town Planner may waive any standards that are not applicable to the application. Development plan approval shall be granted unless the development plan fails to meet one or more of the following standards.
(1)
Relation of proposed buildings, structures and appurtenances to those
in the vicinity. The design and layout of the buildings, other structures
and appurtenances shall be harmonious with the terrain and with existing
buildings in the vicinity. In the review by the ARB and Planning Board,
visual compatibility, not uniformity, with the surrounding area shall
be emphasized, with attention given to the scale (mass), height, and
proportions of the proposed buildings and other structures, the nature
of the setbacks and open spaces surrounding the buildings, the design
of the buildings (including roof style, facade, architectural style
and detailing), and building materials. If the proposed buildings,
structures and appurtenances are within an historic district or within
200 feet of an historic property or historic district boundary, the
ARB and Planning Board shall consider the effect which the proposed
development will have on the historic resources. In conducting its
development plan review of oceanfront historic hotels, in addition
to obtaining the recommendations of the Rhode Island Historical Preservation
and Heritage Commission, the Planning Board shall engage one expert
and may engage up to three experts in historical preservation and
architecture as consultants, at the expense of the applicant, for
advice in reviewing the development plan's consistency with these
standards.
(2)
Vehicular access. The proposed layout of access points shall be designed
to avoid multiple curb cuts and unnecessary adverse impacts on existing
vehicular, bicycle and pedestrian traffic patterns. Consideration
shall be given to the location, number and limitation of access points,
bike lane/sidewalk location and accessibility, capacity of adjacent
streets, traffic flow, site distances, turning lanes, directional
signage and existing or proposed traffic signalization. Provisions
shall be made for safe emergency vehicle access to all buildings and
structures on the site. Development plan approval shall be conditioned
on the receipt of necessary alteration permits and access easements.
(3)
Parking and interior circulation. The layout and design of vehicular,
bicycle and pedestrian circulation on the parcel, including walkways,
interior drives, and parking areas shall be safe and convenient and,
insofar as practicable, enhance the pedestrian use within the parcel
and of the vicinity through connections to sidewalks, bike lanes,
walking trails, and adjacent parcels. Particular attention shall be
given to safe separation of pedestrian and vehicular traffic, service
and truck traffic, drive-up facilities, loading areas, handicap accessibility,
bicycle racks and the arrangement and use of parking areas.
(4)
Surface water drainage.
(a)
Adequate provision shall be made for surface drainage so that
modifications of surface water drainage will not adversely affect
neighboring properties, downstream conditions, or the public storm
drainage system. Stormwater runoff shall be held to a zero-percent
off-site increase after development. The intent is to adequately control
the flow rate, total volume, and velocity of stormwater drainage.
On-site infiltration shall be utilized to minimize discharges and
reduce pollutant loads whenever possible. Consideration should also
be given to the existing surface water drainage contributing to the
natural hydrology of wetlands and watercourses on adjacent properties.
Modifications to surface water drainage should not result in significant
adverse impacts to the hydrologic regime of surrounding water resources
(i.e., duration and depth of inundation in wetlands, periodicity,
discharge, and/or velocity of flow in watercourses).
(b)
All development shall be required to meet the provisions of Chapter 224, Stormwater Management. All drainage calculations shall be based on a twenty-five-year storm frequency. Emphasis shall be placed on the protection of the waters of the Pawcatuck River, floodplains, coastal waters, salt ponds, wetlands and preservation of stream corridors. Maintenance procedures shall be reviewed to determine the adequacy of stormwater management and its long-term viability. Development plan approval shall be conditioned on final approval and permitting of a stormwater management plan and certification of all stormwater infrastructure.
(5)
Utilities. All utilities included in the development plan shall be
reviewed by the Department of Public Works as to their adequacy, safety,
and impact on Town services and facilities and surrounding properties.
The development plan shall show what provisions are proposed for water
supply, wastewater, and solid waste disposal. Whenever feasible, all
electric, telephone, fiberoptic and other utility lines shall be installed
underground. Any utility installations aboveground shall be located
to have minimum negative impact on the site and the vicinity. Development
plan approval shall be conditioned on final approval and permitting
of water supply, wastewater, and solid waste disposal by appropriate
authority.
(6)
Signs/other advertising features. The size, location, design and lighting of all exterior signs and advertising structures or features shall meet the requirements of the Zoning Ordinance or obtain relief from the Zoning Board including § 260-86. The ARB shall review all signage packages for multi-occupant developments as required by § 260-86 and ensure signs and other advertising features do not detract from the layout of the site, the design of proposed buildings and structures or those in the vicinity and shall not interfere with safe vehicular or pedestrian circulation. Development plan approval shall be conditioned upon the receipt of a sign permit and zoning relief.
(7)
Exterior lighting. All exterior lighting shall be designed to encourage
energy efficiency, to ensure safe movement of people and vehicles,
and to minimize adverse impact on neighboring properties and public
ways.
(8)
Landscaping. Landscaping shall be designed to ameliorate the appearance
of off-street parking areas, to enhance the appearance of the site,
reduce air and noise pollution and to minimize any negative visual
impact of the development on neighboring properties and on public
ways. Attention shall be paid to the use of plantings to break up
parking areas, and other grade changes shall be in harmony with the
general character of adjacent properties and neighboring uses. Landscaping
shall be provided as part of the overall site design and integrated
into building arrangements, topography, and for buffering and screening
of conflicting land uses from other land uses and from public streets.
Parking lot landscaping is also required for heat mitigation, stormwater
management, defining circulation and to break up large expanses of
pavement.
(9)
Special features. Exposed storage areas, exposed machinery installations,
service areas, truck loading areas, potential hazardous materials,
utility buildings and structures, protective fencing, retaining walls
and similar accessory uses and structures shall be subject to such
construction and screening methods as may reasonably be required to
minimize their negative impact on the site and surrounding properties
and public ways.
(10)
Environmental factors. Protection, impact mitigation, and enhancement of environmentally sensitive areas shall be addressed by the applicant as part of the development application. Environmentally sensitive areas include, but are not limited to, the Pawcatuck River, the salt ponds, Little Narragansett Bay, woodland areas, agricultural soils, unique vegetation, flood hazard areas, wetlands, steep slopes and rare and endangered species. Wherever possible, the proposed development project shall be designed to use sensitive areas as visual or recreational open space, greenways or undisturbed space. A development plan shall not be approved if it would result in water pollution, damage to shoreline vegetation, or inhibition of public access to waters. All bioretention shall be conducted in accordance with the performance standards described in § A261-30.1.
G.
Recording and expiration of development plan approval. A decision
of the Planning Board and final approval of the Town Planner on the
development plan shall be recorded in the Land Evidence Records. Unless
the use of the land has commenced, or a building permit is issued,
within one year from the date of final approval, said approval shall
expire. Upon the request of the applicant, approval of the development
plan may be extended for up to two additional one-year periods if
all factors of the original development plan review are the same and
the applicant requests extension prior to the expiration of the original
approval period.
[Added 10-26-2020 by Ch.
No. 1997]
The Planning Board is hereby authorized to act on land development projects in accordance with Title 45, Chapter 23, of the Rhode Island General Laws, through the requirements and procedures of Chapter A261, Land Development and Subdivision Regulations. Compliance with the standards for development plan review adopted pursuant to § 260-45F shall be considered by the Planning Board in conjunction with the required findings in § A261-14.
A.
Purpose. The purpose of these cluster development
regulations is to provide for the following:
(1)
To achieve high quality, affordable housing for present
and future generations.
(2)
To protect and preserve sensitive natural resources
and areas.
(3)
To achieve development and population densities that
are consistent with the Comprehensive Plan, and with existing densities
of development and that do not overburden the Town's public services.
(4)
To permit flexibility in site design and road system
design to avoid conflicts and to utilize buildable land efficiently
and aesthetically.
(5)
To provide open space areas and recreational amenities
consistent with the Comprehensive Plan and established planning principles.
(6)
The purpose and objectives of this section are to
be realized through flexibility in lot areas and dimensions, preservation
and dedication of open space areas and innovative design that is clearly
superior to conventional development techniques.
B.
Land use requirements. The following requirements
should be applicable to all cluster development:
(1)
Permitted areas. Cluster developments are permitted
in Residential Districts in the RR-60, LDR-43, LDR-40 and MDR-30 Zoning
Districts and only in accordance with the standards, requirements,
and procedures established herein.
(2)
Standards for approval. Cluster residential developments
are allowed only when the developer can demonstrate that a cluster
development would be a better use of the land than a conventional
subdivision and is in the best interests of the Town.
(3)
Permitted uses. Permitted uses in a cluster residential
development shall be limited to single-family detached dwellings,
playgrounds, recreation areas, parks, open spaces, and natural areas
and uses and structures customarily accessory to single-family dwellings,
including private garages, swimming pools, pool houses, recreational
facilities and structures.
(4)
Minimum land area. The minimum land area required
for a cluster development shall be 10 acres; however, if a cluster
development includes any private roads, the minimum land area required
shall be 25 acres.
(5)
Permitted number of dwellings. The maximum number
of dwelling units in a cluster residential development shall not exceed
the number computed by the following formula:
(a)
Step 1: Deduct from the gross area of the property
freshwater and coastal wetlands.
(b)
Step 2: Deduct an additional 15% of the area
of the property remaining after Step 1 as an allowance for streets
and open space or recreation which would be present in a conventional
subdivision.
(c)
Step 3: Deduct the area of any existing utility
easements within the property.
(d)
Divide the remaining land resulting from Steps
1, 2, and 3 by 40,000 square feet, or the minimum lot size for the
zoning district in which the tract lies, whichever is greater. The
result of this calculation rounded to the nearest whole number is
the number of dwellings permitted in the cluster development.
C.
Site development requirements. The following site
development requirements shall apply to all cluster developments.
(1)
Minimum building lot area. Each single-family detached
dwelling in the cluster residential development shall be located on
a lot having a minimum area of 10,000 square feet with a width at
the building setback line of at least 80 feet.
(2)
Building locations. Buildings shall be located in
conformance with the following:
(a)
All buildings adjacent to public streets shall
comply with the front yard setback of the existing zone. All buildings
adjacent to private streets shall comply with the front yard setback
of the existing zone as measured from the edge of the road.
(b)
There shall be a buffer of open space at least
75 feet wide around the entire perimeter of the cluster development
to provide a visual and audio screen between the cluster development
and adjacent land uses. This requirement may be reduced in the following
circumstances: where the adjacent land is already open space and is
likely to remain so, for example, because it is a privately or publicly
owned park or wildlife sanctuary; or where there exists a substantial
and lasting barrier which would serve as a buffer.
(c)
All buildings shall be set back a minimum of
10 feet from any lot line within the cluster development.
(d)
Each residential building shall be separated
at least 25 feet from every other residential building or accessory
building on a given lot.
(e)
The maximum height of any structure in a cluster
development shall be 35 feet.
(3)
Open space. Open space shall be developed in accordance
with the following:
(a)
The cluster development shall be designed to
provide open space that preserves natural resources, provides convenient
access to dwellings, and acts as a buffer to adjacent land uses. Access
to the open space shall be made available to all residents of the
cluster development by providing suitable access corridors.
(b)
All land that is not used or reserved for cluster
dwellings, associated structures, recreation facilities, or roads
shall be dedicated as open space. The applicant shall restrict the
use of open space areas through the use of conservation restrictions.
The developer may be required to provide recreation facilities within
the open space proportional to the demand created by the cluster development.
The developer may reserve the right to improve certain areas of open
space with associated recreational facilities, provided that the improvements
are intended for the sole use of the development occupants and their
guests. The area so reserved may not exceed 10% of such open space.
(c)
All open space provided in a cluster development
for public or common use shall be conveyed either to a nonprofit land
conservation organization, to an owners' association, or to the Town,
which will accept it for park, open space, agricultural or other specific
uses. Where said open space is conveyed to the Town, the Town shall
be deemed to hold said conveyance for the benefit of the Town and
the property owners within and abutting said cluster development,
their heirs, successors and/or assigns and such conveyance shall not
be released or modified in whole or in part without the unanimous
consent of said property owners and the consent of the Town Council.
(d)
In any case where open space is not conveyed to the Town in fee, a conservation restriction shall be given in the form of a development easement, granted to the Town with respect to such areas, provided that such land shall be kept in the condition(s) approved and shall not be built upon or developed except as provided in Subsection C(3)(b) above. The Town shall be deemed to hold such development easement for the benefit of the Town and the property owners within and abutting said cluster development, their heirs, successors and assigns, and such development easement shall not be released or modified in whole or in part without the unanimous consent of the property owners and the consent of the Town Council.
(e)
If the open space is to be held by an owners'
association, ownership of the open space subject to the development
easement shall pass with the conveyance of lots or units. In such
case, the developer must demonstrate suitable financial arrangements
for the maintenance of the open space, which shall include a written
agreement or contract to be executed between the developer and the
Town, stating:
[1]
That in the event of failure of the owners'
association to maintain any common open space, recreation areas, landscaping
features, or other required improvements, the Town may enter into
said development and perform such necessary maintenance work and charge
the cost, including attorney fees to the owner.
[2]
That the owner or developer will construct the
development and install improvements in accordance with the approved
development plan.
[3]
That this contract shall be binding upon the
successors, assigns, or receivers of the development and shall constitute
a lien on all property in the development.
[4]
Any other conditions required by the Planning
Board.
(4)
Landscaping. The following regulations regarding landscaping
shall govern all cluster developments:
(a)
The cluster development plan shall provide for
reasonable landscaping around all residential dwellings, accessory
buildings, and recreational facilities.
(b)
Additional landscaping may be required around
the perimeter of the cluster if existing vegetation is inadequate
to screen the cluster development from adjacent land uses.
(c)
Landscaped buffers of existing vegetation or
new materials shall be required and buffer areas shall be restricted
from modification and so noted on the cluster development plan.
(5)
Streets. The following regulations regarding streets
shall govern all cluster developments:
(a)
The cluster development shall be served by an improved street system that connects to an existing Town street or state highway. The streets in the cluster development may be public or private; public streets shall be located on a full right-of-way as required under Chapter A261, Land Development and Subdivision Regulations; the required width of private street rights-of-way shall be determined in relation to all pertinent factors of the site design.
(b)
All streets in the cluster development shall be constructed in accordance with Chapter A261, Land Development and Subdivision Regulations; however, the width of pavement may be reduced to no less than 22 feet if the streets are to be privately owned and are intended for internal circulation within the development and to no less than 18 feet if intended for access to individual clusters. "Cape Cod" type berms shall be encouraged in lieu of conventional curbs. All pavement widths shall exclude curb or berms widths. The reduction in street width may be permitted if it is demonstrated that the reduction improves site design, preserves property character, and provides additional recreational or other amenities to serve the cluster development.
(6)
Utilities. The following regulations regarding utilities
shall govern all cluster development:
(a)
All dwellings in the cluster development shall be served by either a public sanitary sewer or individual septic system. If a dwelling is to be served by an individual septic system, no building permit for such dwelling shall be issued until approval for the individual septic system is obtained from the RIDEM. Public sanitary sewers shall be designed and constructed in accordance with Chapter A261, Land Development and Subdivision Regulations, of the Town and any other applicable requirements or conditions imposed.
(b)
All dwellings in the cluster development shall be served by a public water system designed and constructed in accordance with Chapter A261, Land Development and Subdivision Regulations, and any other applicable requirements or conditions imposed.
(c)
All other utilities shall be underground and shall be in accordance with Chapter A261, Land Development and Subdivision Regulations.
(d)
Where public or private utilities serve a cluster
with private roads, easements shall be provided to the appropriate
utilities.
(7)
Application procedure. The following procedural requirements
shall apply to all cluster developments:
(a)
No part of the construction of a cluster development shall begin until the plan of development has been granted final approval by the Planning Board in accordance with Chapter A261, Land Development and Subdivision Regulations, applicable to such development.
(b)
Upon approval, the cluster development plan shall be signed by the Chairman or Secretary of the Planning Board and all plans, easements, or conveyances shall be recorded in the land evidence records. In the event of conditional final approval, pursuant to pertinent provisions of Chapter A261, Land Development and Subdivision Regulations, such cluster development shall not be signed, released by the Planning Board, nor recorded, until final determination that such cluster development is not in conflict with the Fresh Water Wetlands Act, Title 2, Chapter 1 of the General Laws of Rhode Island, as amended, and the Coastal Resource Management Act, Title 46, Chapter 23 of the General Laws of Rhode Island, as amended, and/or any rules or regulations duly adopted pursuant thereto.
[Amended 4-13-2009 by Ch. No. 1670; at time of adoption of Code (see Ch. 1, General Provisions, Art.
I)]
The Planning Board may authorize the creation
of rear lots for residential purposes in the RR-60, LDR-43, LDR-40,
MDR-30, MDR-20, and HDR-15 Zones. For the purposes of this section,
a "rear lot" is defined as a lot not meeting minimum frontage requirements
and where access to the public road is by a private right-of-way or
driveway. The following requirements shall be applicable:
A.
Site plan application. A site plan shall be submitted
for Planning Board review and approval. The plan shall demonstrate
that the proposed lot meets the following standards:
(1)
Lot area of not less than 50,000 square feet or not
less than two times the district requirement for lot area, whichever
is greater.
(2)
Individual driveway strip not less than 20 feet wide
per lot, deeded as part of the parcel for an access to a single dwelling
unit, with adequate provisions for drainage and maintenance.
(3)
Assurance by notation on the survey map and in the
deed recorded in the office of the Town Clerk that: "each rear lot
will be limited to a single-family residence only. No further subdivision
of this approved rear lot may be undertaken at a future date for the
erection of another residential unit, except in compliance with these
Regulations and all others that apply."
(4)
A sight line of at least 150 feet is available at
the intersection of the driveway and the street line assuring adequate
vision upon entering traffic.
(5)
No more than two driveway strips serving no more than
two rear lots may be located adjacent to one another.
B.
Conditions. The Planning Board may impose other such
conditions it finds necessary to protect the public health, safety
and welfare, including but not limited to drainage, yard requirements,
lot size, driveway position and lot arrangements. Where said driveway
strip intersects with the public street, it shall be paved for a width
of not less than 15 feet and for a depth of not less than 20 feet.
A.
Planned development authorized.
(1)
This Zoning Ordinance permits the creation of land
development projects in which one or more lots, tracts, or parcels
of land are to be developed or redeveloped as a coordinated site for
a planned resort.
(2)
The Planned District is intended to give the Town
Council an alternative to a traditional Zoning Map amendment for such
use on large parcels of land. The Planned District procedures provide
for review by other appropriate agencies concerning transportation
and environmental issues as well as public hearings and review by
the Planning Board in advance of Town Council consideration of the
Zoning Map amendment. If adopted the amendment becomes a contract
which can only be modified after notice and public hearing by the
Town Council.
B.
Objectives.
(1)
Encourage developers to better use the natural features
and protect the natural and historic resources by providing the opportunity
for more creative approaches in the development of land.
(2)
Encourage a more efficient, aesthetic and desirable
use of land for recreation, conservation and open space uses.
(3)
Encourage and promote variety in the physical development
of land use in the Town of Westerly.
(4)
Allow for efficient provision and effective use of
physical improvement and municipal services relative to land use development.
C.
Standards and requirement for PD Districts.
(1)
The following provisions shall apply in a PD District,
which district shall also be subject to other provisions of this chapter,
except that where a conflict in regulations occurs, the regulations
specified in this section shall apply.
(a)
No PD District shall be established or plans
reviewed by the Planning Board unless and until there is on file with
the Town written consent of every property owner within such district
at the time of the establishment of the district agreeing that the
applicant shall be bound by the conditions and regulations proposed
and which will be effective within the district.
(b)
Requirements for area, coverage, density, yard
requirements, parking and screening for PD Districts shall be governed
by the standards in Table 1 of this section. Exceptions to these standards
by the Planning Board and Town Council are possible when these bodies
find that such exceptions are warranted in terms of total proposed
development or unit thereof.
(c)
The purpose of these regulations is to encourage
the effective and timely development of land in accordance with the
objectives and policies of the Comprehensive Plan; to assure suitable
design in order to protect the property values and the residential
environment of adjacent neighborhoods; and to minimize traffic congestion
on the public streets and to deter undesirable strip commercial development.
The Town Council may apply such special conditions and stipulations
to any PD approval as it may, in its opinion, deem necessary to maintain
harmony with neighboring uses and promote the objectives and purposes
of the Comprehensive Plan and this Zoning Ordinance.
(d)
Permitted accessory buildings, structures and
uses. The following accessory buildings, structures, and uses may
be permitted as part of the PD approval.
[1]
Off-street parking and loading, including parking structures, subject to the provisions of § 260-77.
[2]
Any accessory building, structure or use customarily
incidental and directly related to the operation of the principal
use.
[4]
The outside storage of goods or materials, provided
that no goods or materials shall be stored within any required yards
and that landscaping and screening is provided and approved in the
development plan review process.
[5]
All PDs shall conform to off-street parking,
off-street loading, lighting, signs and other regulations of the Zoning
Ordinance unless modified by the approval.
(e)
Drawings must be submitted that show that the
relationship of interior and exterior environment is desirable and
just as desirable as the strict requirements of this chapter.
(f)
The following regulations regarding utilities
shall govern all PD Districts:
[1]
All buildings in the PD District shall be served by either a public sanitary sewer or individual septic system. If a building is to be served by an individual septic system, no building permit for such building shall be issued until approval for the individual septic system is obtained from the RIDEM. Public sanitary sewers shall be designed and constructed in accordance with Chapter A261, Land Development and Subdivision Regulations, and any other applicable requirements or conditions imposed.
[2]
All buildings in the PD District shall be served by a public water system with such additional lines as are necessary and shall be designed and constructed in accordance with Chapter A261, Land Development and Subdivision Regulations, and any other applicable requirements or conditions imposed.
[3]
All other utilities shall be underground and shall be in accordance with Chapter A261, Land Development and Subdivision Regulations.
[4]
Where public or private utilities serve a planned
development with private roads, easements shall be provided to the
appropriate utilities.
(g)
Ownership and maintenance of water and sewer
facilities must be arranged to the satisfaction of the Town prior
to final approval of a PD District.
(h)
All areas proposed for dedication to the Town
under the planned development (PD) approach must be acceptable as
to shape, size and location, as required by the Planning Board.
(i)
Public utility and other similar easements cannot
be used for a space exchange under the planned development approach.
(j)
Any planned development which includes the proposal
to dedicate to the Town land for park and open space used under the
planned development approach, must include by dedication or by other
reasonable means, the total park area, at the time of filing of final
map on all, or any portion of the tract.
(2)
Regulations for Planned Resort Facilities Development
(PRFD).
(a)
Purpose. The Planned Resort Facilities Development
Zoning District is intended to provide for coherent development for
resort development and recreational use to assure the necessary supporting
infrastructure, and to promote opportunities for expanding the Town's
economy.
(b)
Permitted uses. The following principal uses
shall be permitted as part of the PRFD approval:
(c)
Special conditions.
[1]
Planned resort developments shall be consistent
with the Town Comprehensive Plan, shall not have less than 80 acres,
shall require public water, and in the event ISDS pretreatment of
effluent is not provided for, public sewer shall also be required.
[2]
A planned resort area shall not be developed
on any site under the jurisdiction of the Coastal Resources Management
Council (CRMC). All structures within a planned resort area shall
be located as far as practicable from the property boundaries, while
golf courses, fitness or bicycle trails may be located at the limit
of the buffer. The architectural design of such a planned resort area
shall conform to the character of the architecture of the area where
it is to be located. The minimum buffer areas provided hereinafter
may be increased in relation to the intensity of the development of
the site.
(d)
Area and dimensional requirements.
[1]
Minimum lot area: 80 acres.
[2]
Minimum lot frontage and width: 150 feet.
[3]
Minimum front yard: 125 feet. Yards abutting
a residential zone shall be a vegetated, landscaped buffer area.
[4]
Minimum side yard: 125 feet. Yards abutting
a residential zone shall be a vegetated, landscaped buffer area.
[5]
Minimum rear yard: 125 feet. Yards abutting
a residential zone shall be a vegetated, landscaped buffer area.
[6]
Maximum building height: 35 feet.
[7]
Maximum lot coverage: 60%.
[8]
Landscape open space percentage: 15%.
A.
Preapplication sketch plan. The applicant for a PD
project shall approach the Planning Board with a preapplication sketch
plan and conference prior to submission of a preliminary development
plan.
(1)
The applicant shall file with the Planning Board:
(a)
Twelve legible black-line or blue-line prints
of the preapplication concept plan.
(b)
A location map showing the physical relationship
of the proposed project to the area within a radius of 1/4 mile. Such
map shall show major and arterial streets and street names; general
location of public utilities; public transportation routes if applicable;
public schools, parks and playgrounds; zoning classification and zoning
boundaries; and existing shopping facilities. The location map shall
be drawn at a scale of one inch to 100 feet.
(c)
A proposed time schedule if the development
of the project is to proceed by stage.
(2)
The Planning Board may jointly review and discuss
the preapplication sketch plan with the applicant, the Superintendent
of Public Works, the Building Official, Town Engineer, Zoning Official
and Town Planner and representatives of the utility companies at a
regularly scheduled meeting and the Planning Board may inspect the
proposed project in the field and approve in principle, approve subject
to modification or disapprove the plan at the next regularly scheduled
meeting. The Planning Board will return one copy of the plan to the
applicant with a statement of approval in principle, approval subject
to modification or disapproval and the reasons therefor noted on the
plan. At such time, and if appropriate, the Planning Board will advise
the applicant of the necessity to establish conformance of such project
with the state's Wetlands Acts.
(3)
The preapplication concept plan shall encompass the
entire tract of land in contiguous ownership by the applicant and
shall contain the following:
(a)
Name of the project, name of owner, name of
architect, registered engineer and registered land surveyor, zoning
classification and zoning boundaries, including flood hazard zones
where appropriate, date, North arrow, approximate scale and street
names.
(b)
The scale of the preapplication sketch plan
shall be 100 feet to one inch.
(c)
Approximate topographic conditions including
general designation of any salt or freshwater wetlands. Where applicable,
fresh and salt water wetlands shall be indicated as well as extent
of coastal resources management zone and floodplain hazard districts;
and
(d)
Street layout of entire project.
(e)
Approximate dimensions of streets.
(f)
Number and approximate area of structures.
(g)
Existing utilities and TV cables to include
the size and approximate location of lines.
(h)
Proposed recreation or open areas.
(i)
Any existing deed restrictions or protective
covenants.
(j)
Any other preliminary information of data which
is relevant to good land planning and design that may be required
by the Planning Board.
B.
Preliminary development plan.
(1)
At a scheduled meeting, the applicant shall submit
a preliminary development plan to the Planning Board for review and
approval in principle, and the Planning Board shall so approve prior
to the submission of a PD rezoning application (application for amendment
of Zoning Ordinance). The tentative written consent of all property
owners within the proposed PD project shall be on file with the Town
before Planning Board review of preliminary development plan shall
be commenced.
(2)
Approval in principle of the preliminary development
plan shall be limited to conformance to the following regulations
and to the general acceptability of the land uses proposed and their
interrelationship, and shall not be construed to endorse precise location
of uses, configuration of parcels or engineering feasibility. Any
preliminary development plan and text shall be prepared and endorsed
by a qualified land planning specialist (planner, architect, landscape
architect or engineer).
(a)
The applicant shall file with the Planning Board
the following:
[1]
Twelve black-line or blue-line prints of the
preliminary development plan.
[2]
Twelve copies of center-line profiles of proposed
streets at a suitable horizontal and vertical scale showing the location
of proposed sewer, water and other utility lines, proposed underground
drainage structures and facilities, the proposed street surface grades
and the existing ground elevations.
[3]
Report of the Director, State Department of
Environmental Management, as to the suitability of the soil within
the project boundaries for the safe and proper operation of a sewage
disposal system together with RIDEM approval of proposed construction
of such system, if such is planned.
[4]
No freshwater wetland, as defined in Chapter
213 of the Public Laws of 1971, as amended, relating to freshwater
wetlands, shall be excavated, drained or filled nor shall any extraneous
materials be placed into these wetlands. Water flow shall not be diverted
nor shall any change be made to the natural condition of a freshwater
wetland without the prior approval of the Director of RIDEM and the
Westerly Town Council in accordance with the provisions of said chapter.
Such report, where appropriate, shall accompany the preliminary development
plan.
(b)
The Planning Board will discuss the preliminary
development plan and the accompanying material, will inspect the proposed
project site in the field if such is deemed advisable and will approve,
approve subject to modification, or disapprove the preliminary development
plan within 60 days of receipt. The Planning Board will return one
copy of the preliminary development plan to the applicant with the
statement of approval, approval subject to modification and the required
modification, or disapproval and the reasons for disapproval noted
on the preliminary development plan. Such sixty-day period will not
start until such time that the Planning Board receives all material
required herein. If the application requires modification, the applicant
may, within 30 days of notification or within such further period
as may be agreed to by the Planning Board, submit an amended preliminary
development plan containing the required changes. If an amended plan
is not filed within the prescribed period, the original preliminary
development plan shall be considered disapproved. If an amended preliminary
development plan is filed within the prescribed period, the Planning
Board shall approve or disapprove the plan within 30 days after the
date of the filing or within such further period as may be agreed
to by the applicant.
(c)
The preliminary development plan shall contain
the following information and data:
[1]
Name of project, name of owner, name of architect,
registered engineer, or registered land surveyor, zoning classification
and zoning boundaries, date, north point and scale and names of streets.
[2]
The scale of the preliminary development plan
shall be 40 feet to one inch.
[3]
Names of owners of all land within 200 feet.
[4]
Boundary line of project and total acreage encompassed.
[5]
Existing Town boundary lines, watercourses,
water wetlands, railroad and street rights-of-way, utility lines and
easements, surface and subsurface drainage facilities, and building
setback lines.
[6]
Proposed street right-of-way, curb lines and
street names; traffic circulation within confines of the project;
easements; lot lines; building setback lines; and street trees.
[7]
Dimensions as follows: Widths of street right-of-way;
right-of-way lines and project boundaries; areas of lots; location
and general layout and dimensions of principal and accessory building.
[8]
Existing and proposed contours at intervals
of not greater than five feet.
[9]
Parcels of land proposed for conveyance to the
Town for public purposes.
[10]
Location of existing and proposed permanent
monuments.
[11]
Where appropriate, the Planning Board may additionally
require:
[a]
Location, arrangement and dimensions
of automobile and truck parking, bays, aisles and loading space and
docks;
[b]
Location and dimensions of vehicular
drives, entrances, exits, acceleration/deceleration lanes;
[c]
Location and dimensions of pedestrian
walkways including entrances, and exits;
[d]
Location, arrangement and dimensions
of truck loading and unloading spaces and docks;
[e]
Architectural sketches of the proposed
buildings;
[f]
A market analysis shall be required
for a PD project prepared and signed by a recognized independent market
analyst acceptable to the Planning Board;
[g]
A statement of financial responsibility;
[h]
Location, height and materials
of wall, fences and screen planting;
[i]
Ground cover, finished grades,
slopes, banks, and ditches;
[j]
Location and general exterior dimensions
of principal and accessory buildings;
[k]
Location, size, height, and orientation
of all signs other than flat signs on building facades;
[l]
Preliminary architectural drawings
for all buildings;
[m]
Proposed land uses, population
densities and building intensities;
[n]
Delineation of the construction
in progression;
[o]
Relation to future land uses in
surrounding areas and Comprehensive Plan; and
[p]
Any additional information that
the Westerly Planning Board may require.
C.
General development plan.
(1)
Application. Within one year after approval of the
preliminary development plan the applicant shall file with the Planning
Board, at a scheduled meeting, the following:
(a)
Four copies of the general development plan
plus four copies of the street profiles; one copy shall be reproducible
Mylar; three prints shall be on standard white drawing paper. The
size of the sheets shall be 24 by 30 inches.
(b)
Filing fee of $2,000 payable to the Town of
Westerly.
(c)
Certificate of the Tax Collector of the Town
of Westerly that all taxes due on the land described in the general
development plan have been paid for five years preceding the date
of filing and that there are no outstanding tax liens thereon.
(d)
Names and addresses of all owners of abutting
land within 100 feet of the project as determined from the most recent
tax record.
(e)
A warranty deed conveying all street rights-of-way
and other appropriate open areas to the Town of Westerly.
(f)
A statement of the applicant describing any
easements and the conditions thereof to the Planning Board.
(g)
Copies of existing and proposed deed restrictions
and protective covenants to run with land in the project, if such
exist or are proposed.
(h)
In lieu of the completion and installation of
the required improvements to the land upon approval of the general
development plan, the applicant shall submit to the Planning Board
a certified check or performance payment bond for the faithful performance
of construction and installation of such required improvements to
the land.
(i)
Certification by a registered professional civil
engineer that all drainage structures and facilities will accommodate
the average hourly rainfall for the area.
(2)
Notice and hearing. Notice and hearing shall proceed
in accordance with the following:
(a)
The Planning Board shall fix a date for public
hearing to be held within 36 days of the filing of the general development
plan with the Planning Board.
(b)
Not less than 21 days prior to the hearing,
the Planning Board will give written notice thereof, by registered
mail, to the applicant and to owners of all land within 100 feet of
the project.
(c)
The Planning Board shall cause to be published
in a newspaper of general circulation within the Town of Westerly
a notice of the date, time and place of the hearing together with
the names of the owners of record and the general location of the
project not less than 14 days prior to the date of the hearing.
(3)
The general development plan shall contain the following
information and data:
(a)
Name of project, name of owner, name of architect,
registered professional engineer or registered land surveyor, zoning
classification and zoning boundaries, date, North point and scale.
(b)
The scale of the final plat shall be 40 feet
to one inch. One transparency of one inch equals 100 feet shall be
submitted to the Tax Assessor.
(c)
Names of owners of all land within 100 feet.
(d)
Boundary line of project and total acreage encompassed.
(e)
Existing watercourses, wetlands, railroad right-of-way,
street and other easements.
(f)
Street right-of-way, street names, easements,
and building setback lines.
(g)
Dimensions as follows: Widths of street right-of-way;
rights-of-way lines and project boundaries; curve data to include
lengths of radii, central angles and tangent distances; the location,
sizes and lengths of waterlines, sanitary sewers, surface and subsurface
drainage facilities.
(h)
Parcels of land to be conveyed to the Town of
Westerly.
(i)
Location and character of all permanent monuments.
(j)
Certification of a registered professional architect,
civil engineer or registered land surveyor that the general development
plan is correct, that permanent monuments shown on the plan have been
properly placed and that their location and character are correctly
shown.
(k)
Location of all freshwater wetlands and indication
of extent of flood hazard zone, wetland delineation accompanied by
official verification from the Department of Environmental Management.
(l)
All the information required on the preliminary
development plan; the approximate location of structures; nonresidential
building intensity; and land use considered suitable for adjacent
properties.
(m)
Where appropriate the Planning Board may additionally
require:
[1]
A schedule for the development to be constructed
in progression and description of the design principles for buildings
and streetscapes; tabulations of total number of acres in the proposed
project and the percentage thereof designated for various uses; estimated
number of nonresidential population; and anticipated timing for construction.
[2]
Stage construction. If the development of the
resort is to be carried out in progressive stages each stage shall
be so planned that the requirements and intent of this chapter shall
be fully complied with at the completion of each stage. No final plan
for the initial stage of development of any resort shall be approved
unless such stage can exist independent of the remaining stages.
[3]
Evidence that the applicant has sufficient control
over the land to effectuate the proposed plan, can exist independent
of the remaining stages.
[4]
Engineering feasibility studies as necessary.
[5]
Site plan showing buildings, various functional
use areas, circulation and their relationships.
[6]
Preliminary building plans, including floor
plans and exterior elevations, and an outline specification of materials
to be used for construction.
[7]
Landscape plans.
[8]
Engineering plans, including site grading, street
improvements, drainage and public utility extensions, as necessary.
[9]
Any additional information that the Planning
Board may require.
(4)
In addition to submission by the applicant of the
general development plan, application shall be made to the Town Council
for amendment of Zoning Ordinance.
D.
Planned development approval. Planned development
approval by the Planning Board, valid for one year, shall be secured
for each unit of a PD as delineated on the general development plan.
Such approval may be extended for an additional year upon application
to the Planning Board. Minor changes to an approved PD pertaining
to siting may be approved by the Planning Board in writing, provided
that the change is in accord with the intent expressed in the general
development plan.
(1)
The Planning Board shall indicate its approval or
disapproval of the general development plan to the applicant by certified
mail, precisely stating the reasons for disapproval within 45 days
of the submission of such general development plan to the Planning
Board. The Planning Board approval may be conditioned on required
permits and/or approvals of the RIDEM.
(2)
When the general development plan is disapproved by
the Planning Board, the applicant may apply to the Zoning Board of
Review for a review of the decision of the Planning Board. If the
general development plan is disapproved by cause of noncompliance
with the preliminary plan, the general development plan may thereafter
be submitted to the Planning Board as an amended preliminary plan.
The procedure for consideration of an amended preliminary plan shall
be the same as that for an original preliminary plan.
(3)
Change of general development plan: If the applicant
wants to make an amendment to an approved plan, a written request
shall be submitted to the Planning Board. If, in the opinion of the
Planning Board, a requested change is sufficiently substantial, the
Planning Board shall require the submission of an amended plan.
E.
Findings required. The Planning Board, after public
hearing (on the general development plan), may recommend to the Town
Council the establishment of a PD District with such special conditions
as it deems advisable, and the Town Council, after public hearing
may by ordinance establish a PD District, provided that the facts
submitted with the application and presented at the hearing establish
that:
(1)
The proposed PD District with such special conditions
it deems advisable, or given unit thereof, can be substantially completed
within four years of the establishment of the PD District;
(2)
That each individual unit of development, as well
as the total development, can exist as an independent unit capable
of creating an environment of sustained desirability and stability
or that adequate assurance will be provided that such objective will
be attained; that the uses proposed will not be detrimental to present
and potential surrounding uses, but will have a beneficial effect
which could not be achieved under other zoning districts;
(3)
That the streets and thoroughfares proposed are suitable
and adequate to carry anticipated traffic, and increased densities
will not generate traffic in such amounts as to overload the street
networks outside the PD Districts;
(4)
That any proposed resort can be justified economically
at the locations proposed;
(5)
That any exception from standard ordinance requirements
is warranted by the design and amenities incorporated in the general
development plan;
(6)
That the area surrounding said development can be
planned and zoned in coordination and substantial compatibility with
the proposed development;
(7)
That the PD District is in conformance with the Comprehensive
Plan of the Town of Westerly; and
(8)
That the existing or proposed utility services are
adequate for the population densities proposed.
F.
Planning Board and Town Council action.
(1)
If from facts presented, the Planning Board or Town
Council is unable to make the necessary findings, the application
shall be denied. In taking action, the Planning Board may recommend
denial to the Town Council of the general development plan and general
development schedule as submitted, or may recommend approval of said
plan and schedule subject to specified amendments. In no instance
shall a Planning Board decision be binding on an action by the Town
Council relative to granting a zone change for a PD District. The
Town Council, after receiving the general development plan and recommendations
from the Planning Board, shall make final determination of zone change.
Should the Planning Board recommend denial, the Town Council shall
give the applicant an opportunity to present his side of the conflict
to the Town Council.
(a)
Major changes in a general development plan
shall be considered the same as a change in the zoning map and shall
be made in accordance with the provisions of this Zoning Ordinance.
(b)
At the time of adopting any ordinance amendment
establishing a PD District the Town Council shall make appropriate
arrangements with the applicant, which will insure the accomplishment
at the scheduled times of the public improvements and grants of easement
shown on the approved general development plan.
(c)
If no development has occurred to effectuate
a PD District development within one year after the district is created,
the Planning Board shall review the action and determine whether or
not the continuation of a given PD District is in the public interest
and so notify the Town Council of their findings.
(2)
Other requirements. Underground facilities, including
telephone and electric systems, are required within the limits of
all PD Districts. Appurtenances to these systems which can be effectively
screened may be excepted from this requirement if the Planning Board
finds that such exception will not violate the intent or character
of the proposed PD District.
(3)
The Town Council may, in establishing a PD District,
also vary the dimensional regulations herein where it determines that
such variation is not in conflict with the Comprehensive Plan or the
use, enjoyment, or value of neighboring property.
[Added 11-10-2003 by Ch. No. 1470; amended 4-16-2007 by Ch. No.
1599]
When used in § 260-50, the following words and phrases shall have the following meanings:
Year-round housing that has a sale price that is within the
means of a household of moderate income or less, as that term is defined
by the Comprehensive Housing Production and Rehabilitation Act of
2004, RIGL 42-128-8.1(d), as amended. Year-round rental housing must
have a rent that is within the means of a low-income household.
An affordable housing plan that the Director of the Rhode
Island Department of Administration has approved as meeting the guidelines
for a comprehensive plan as promulgated by the State Planning Council.
Reasonable in view of the state's need for low-
and moderate-income housing, considered with the number of low-income
persons in Westerly; and
Not designed or intended to exclude low- and
moderate-income residents from Westerly or to discourage or frustrate
the likelihood of success of a project.
Applied as equally as possible to both subsidized
and unsubsidized housing.
A zoning ordinance provision that requires the development
of low- or moderate-income housing as part of residential development.
A low- or moderate-income dwelling unit developed pursuant
to an inclusionary zoning provision.
Land that cannot be included in the buildable acreage of
a parcel when calculating the maximum number of lots or dwelling units
permitted. Land unsuitable for development consists of wetlands as
they are defined by state law but not wetland buffers, land in any
public or private easement on which electrical transmission lines
or other aboveground structures are built, and areas with a slope
greater than 15%.
Housing that counts toward satisfying a community's goal
of maintaining 10% of its housing stock as affordable. The housing
must be:
A household with an adjusted gross income that is 80% or
less of the area median income. See the Rhode Island Low- and Moderate-Income
Housing Act, RIGL 45-53-3(5).
A household with an adjusted gross income that is more than
80% but less than 120% of the area median income.See the Rhode Island
Low- and Moderate-Income Housing Act, RIGL 45-53-3(9).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Assistance the Town provides for construction or rehabilitation
of low- and moderate-income housing to encourage the creation of that
housing, and to mitigate the cost of the development, pursuant to
RIGL 45-53-3(9). Municipal subsidies include, but are not limited
to, density bonuses, and payments from the Town's restricted account
containing fees in lieu of construction for the creation of additional
low- and moderate-income dwelling units.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A plan of a conventional subdivision or land development
project that shows the basic maximum number of building lots or dwelling
units permitted on the parcel when the lot area and dimensional regulations
of the Zoning Ordinance are applied, after land unsuitable for development
has been eliminated.
A.
Purpose.
(1)
The purpose of inclusionary zoning is to guide
new residential development so that it supports Westerly's housing
goals, as stated in the Housing Element of the Comprehensive Plan,
including the goal that at least 10% of Westerly's year-round housing
will be low- or moderate-income housing. This section is intended
to ensure that all development providing six or more additional dwelling
units will contribute to the supply of low- or moderate-income housing
in Westerly.
(2)
To help satisfy the Town's low- or moderate-income
housing goals, a portion of the additional dwelling units resulting
from all such development must be affordably priced according to state
guidelines, must receive a federal, state or municipal subsidy, and
must have affordability guaranteed for 99 years by a deed restriction
or land lease.
B.
Required inclusionary dwelling units.
(1)
In every residential subdivision or land development
project that consists of six or more lots intended for the construction
of dwelling units, or that consists of six or more new dwelling units,
a portion of the dwelling units must be low- or moderate-income. This
requirement applies to development of rental property as well as development
of property for sale. The number of low- or moderate-income dwelling
units required is determined by taking the basic number of lots or
dwelling units permitted, as shown by a yield plan, and multiplying
that number by 20%. Fractions of 0.5 or above shall be rounded up
to the next whole number, and fractions of less than 0.5 shall be
rounded down to the next whole number.
(2)
In developments where the units will be offered
for sale, the inclusionary dwelling unit shall be affordable for a
family with an adjusted gross income that is less than 100% of the
area median income. Construction of additional required inclusionary
dwelling units shall conform to this sequence. In developments where
the units will be rental units, the rent for all inclusionary dwelling
units must be affordable for a family with an adjusted gross income
that is 80% or less of the area median income.
(3)
The exterior appearance of the inclusionary
dwelling units must be substantially similar to that of the market-rate
units, except that the inclusionary units may be no smaller than 960
square feet. The inclusionary dwelling units must be compatible in
scale and architectural style with the market-rate units. The average
number of bedrooms in the inclusionary dwelling units shall be equal
to or greater than the average number of bedrooms in the market-rate
units.
(4)
The inclusionary dwelling units must be integrated
throughout the development, rather than segregated in a particular
area or areas, so they will not be in less desirable locations than
market-rate units. The inclusionary units shall, on average, be no
less accessible to public amenities such as open space or recreational
features than market-rate units. In developments consisting of multiunit
dwelling structures, the inclusionary dwelling units must be integrated
throughout the structure.
(5)
The inclusionary dwelling units must be built
simultaneously with the market-rate units. For developments consisting
of single-household or two-household dwellings, the percentage of
market-rate units for which building permits have been issued shall
not exceed the percentage of inclusionary dwelling units for which
building permits have been issued by more than 20%. A certificate
of use and occupancy shall not be issued for the final market-rate
unit until certificates of use and occupancy have been issued for
all of the inclusionary dwelling units. In subdivisions or land development
projects that are constructed in phases, these requirements apply
separately to each phase.
C.
Density bonuses.
(1)
In every development in which required inclusionary
dwelling units are constructed, the number of dwelling units permitted
on the parcel shall be increased above the number that otherwise would
be permitted. The purpose of this density bonus is to mitigate the
cost of creating inclusionary dwelling units by providing sites on
which the units can be developed. The basic number of dwelling units
permitted on the parcel, as shown in a yield plan, shall be increased
by a number equal to the number of low- and moderate-income dwelling
units required.
(2)
When residential density is increased in a development,
the Planning Board shall have the authority to adjust the lot frontage,
lot width, front yard setback, side yard setback, rear yard setback,
accessory dwelling setback, maximum impervious surface requirements
and other dimensional regulations otherwise applicable in the zoning
district if the Board finds the adjustments to be necessary and consistent
with good planning practice. The adjusted dimensional regulations
applicable to the development shall be shown on the final plat and
shall be recorded in the land evidence records as a separate document
that lists each lot, the street address of that lot, and the dimensional
regulations applicable to that lot.
D.
Alternatives to construction of inclusionary units.
When in the judgment of the Planning Board a density increase or on-site
construction of inclusionary dwelling units would not be in the best
interests of good planning, or when a density increase is otherwise
prohibited by law or regulation, the developer shall contribute to
the Town's supply of low- and moderate-income housing through any
one of, or any combination of, the following methods, subject to the
approval of the Planning Board. The Planning Board's decision to require
an alternative to on-site construction of inclusionary units shall
be in writing and accompanied by findings of fact.
(1)
Payment of a fee in lieu of construction.
(a)
The fee for each inclusionary dwelling unit
that is not constructed shall be the difference between the median
sale price of all homes sold in Westerly during the previous calendar
year and the sale price that would be paid for that home by a household
of four persons with an income of 100% of the area median income.
(b)
Fees in lieu of construction shall be calculated
and paid at the time of the recording of the final plan for each phase
of a development. The fees shall be paid into a restricted account
maintained by the Town pursuant to RIGL 45-23-47, as amended.
(2)
Rehabilitation of existing units.
(a)
A developer may create low- and moderate-income
units for sale, or low-income units for rent, by rehabilitating an
existing structure and imposing deed restrictions or a land lease
to assure affordability for ninety-nine (99) years. Dwelling units
that are rehabilitated cannot be units that already qualify as low-
and moderate-income housing.
(b)
The Planning Board may, in its sole discretion,
provide a density bonus equal to up to 100% of one dwelling unit at
the rehabilitation site. If no density bonus is provided, the developer
shall receive another municipal subsidy or subsidies.
(c)
The number of low- and moderate-income units
created shall be equal to or greater than the number that would have
been required at the primary development site. The newly-created low-
and moderate-income units must be constructed and occupied contemporaneously
with the market-rate units being constructed at the primary development
site.
(3)
Construction of low- and moderate-income units
at an off-site location.
(a)
Low- and moderate-income dwelling units may
be constructed at another site or sites. The developer must demonstrate
that the alternate site does not have constraints to development that
would prevent it from accommodating residential construction.
(b)
The Planning Board may, in its sole discretion,
provide a density bonus equal to up to 20% of one dwelling unit at
the off-site location. If no density bonus is provided, the developer
shall receive another municipal subsidy or subsidies.
(c)
The number of low- and moderate-income units
constructed off site shall be equal to or greater than the number
otherwise required. The exterior appearance of the off-site low- and
moderate-income units must be substantially similar to that of the
market-rate units, except that the off-site low- and moderate-income
units may be no smaller than 960 square feet. The average number of
bedrooms in the off-site low- and moderate-income units shall be equal
to or greater than the average number of bedrooms in the market-rate
units. The newly-created low- and moderate-income units must be constructed
contemporaneously with the market-rate units being constructed at
the primary development site.
(d)
Construction of new off-site units on existing
single lots is preferable to construction of new subdivisions or land
development projects containing multiple dwelling units.
E.
Assurance of affordability and fair marketing.
(1)
The developer shall contract with a monitoring
agency approved by the Rhode Island Housing and Mortgage Finance Corporation
for the following purposes:
(a)
To determine pricing for initial sale, resale,
or lease of the inclusionary dwelling units;
(b)
To qualify purchasers or renters for initial
occupancy based in household size and income;
(c)
To determine pricing for resale or transfer
of dwelling units; and
(d)
To assist in the development of a marketing
and resident selection plan, to be approved by the Planning Board,
that meets state and federal fair housing requirements.
(2)
Long-term affordability shall be assured through
a land lease or deed restriction recorded in the Westerly Land Evidence
Records before the sale or rental of the inclusionary dwelling unit.
The lease or deed restriction shall include information regarding:
(3)
Deed restrictions or land leases shall include
the following restrictions:
F.
Cumulative impact. When a subdivision or land development
project that creates fewer than six additional lots for development
or fewer than six additional principal dwelling units is approved
on a portion of a parcel of land, leaving another portion of the same
parcel undeveloped, the portion left undeveloped shall not be subdivided
or developed for residential use or mixed use within 25 years of final
approval of the first development unless the undeveloped portion is
subject to the inclusionary requirements of this article. The number
of inclusionary units required in the second development shall be
calculated as if the earlier development were part of it. This provision
does not apply when an entire parcel receives master plan approval
and is developed in phases.
|
TABLE 1
Required Inclusionary Units and Density
Bonus
| |||
|---|---|---|---|
|
Basic Number of Lots or Units in Yield
Plan
|
Required Number of Inclusionary Units
|
Number of Lots or Units Added by Density
Bonus
|
Total Number of Lots or Units
|
|
6
|
1
|
1
|
7
|
|
7
|
1
|
1
|
8
|
|
8
|
2
|
2
|
10
|
|
9
|
2
|
2
|
11
|
|
10
|
2
|
2
|
12
|
|
11
|
2
|
2
|
13
|
|
12
|
2
|
2
|
14
|
|
13
|
3
|
3
|
16
|
|
14
|
3
|
3
|
17
|
|
15
|
3
|
3
|
18
|
|
16
|
3
|
3
|
19
|
|
17
|
3
|
3
|
20
|
|
18
|
4
|
4
|
22
|
|
19
|
4
|
4
|
23
|
|
20
|
4
|
4
|
24
|
|
21
|
4
|
4
|
25
|
|
22
|
4
|
4
|
26
|
|
23
|
5
|
5
|
28
|
|
24
|
5
|
5
|
29
|
|
25
|
5
|
5
|
30
|
|
26
|
5
|
5
|
31
|
|
27
|
5
|
5
|
32
|
|
28
|
6
|
6
|
34
|
|
29
|
6
|
6
|
35
|
|
30
|
6
|
6
|
36
|
|
31
|
6
|
6
|
37
|
|
32
|
6
|
6
|
38
|
|
33
|
7
|
7
|
40
|
|
34
|
7
|
7
|
41
|
|
35
|
7
|
7
|
42
|
|
36
|
7
|
7
|
43
|
|
37
|
7
|
7
|
44
|
|
38
|
8
|
8
|
46
|
|
39
|
8
|
8
|
47
|
|
40
|
8
|
8
|
48
|
[Amended 9-24-2007 by Ch. No. 1616]
A.
Statutory authority and purpose.
(1)
In accordance with Title 45, Chapter 53 of the Rhode Island General Laws, entitled "Low- and Moderate-Income Housing Act," an applicant proposing to build a development with low- or moderate-income housing may submit to the Planning Board a single application for a comprehensive permit to build that development, instead of separate applications to the local boards and officials having jurisdiction over zoning and land use who would otherwise have the authority to approve the application. This procedure is available only for proposals in which at least 25% of the housing will be low- or moderate-income housing.
(2)
In keeping with the goals and objectives of
the Westerly Comprehensive Community Plan, low- and moderate-income
housing shall be provided in a manner that maintains the character
of the community and is commensurate with the ability of the Town
to provide good quality and cost-effective services to its residents.
In meeting the needs for affordable housing, priority consideration
shall be given to the retrofitting of existing dwellings and the assimilation
of low- and moderate-income housing into existing developments and
neighborhoods.
B.
Annual caps on comprehensive permits. In accordance
with Westerly's Comprehensive Plan and RIGL 45-53-4(a)(4)(xii), Westerly
Town Council limits the annual total number of market rate and affordable
dwelling units in comprehensive permit applications from for-profit
developers to an aggregate of 1% of the total number of year-round
housing units in the town, as recognized in the affordable housing
plan. Notwithstanding the timetables set forth elsewhere in this section,
the Planning Board shall have the authority to consider comprehensive
permit applications from for-profit developers, which are made pursuant
to this subsection, sequentially in the order in which they are submitted.
C.
Housing density bonus. A goal of Westerly's Comprehensive Plan is to ensure that low- and moderate-income housing units are spread throughout the entire community, and are not confined to a handful of locations before reaching the annual cap on comprehensive permits. In order to achieve this objective, a bonus in the combined number of market rate and affordable units proposed for any single comprehensive permit shall be provided, reflecting a "one step" density increase within the established hierarchy of the Schedule of Dimensional Regulations (§ 260-19). The following table illustrates maximum allowed density bonuses for each of the Town's residential zoning districts. For example, a comprehensive permit proposed in the HDR-15 Zone (15,000 square feet per unit or 2.90 units per acre) could be submitted with densities allowed in the HDR-10 Zone (10,000 square feet per unit or 4.36 units per acre). Any density bonus granted by the Planning Board shall further be contingent on provisions contained in Subsection G below, including suitability of project design, environmental characteristics of the parcel, and the development's relationship to supporting utility and roadway infrastructure.
|
Comprehensive Permit - Zoning Hierarchy
Density Table
| ||
|---|---|---|
|
Zoning District
|
Allowed Density, Schedule of Dimensional Regulations (§ 260-19)
|
Maximum Density for Comprehensive Permit
Applications (Market-Rate and Affordable Units Combined)
|
|
HDR-6
|
7.26 units/acre
|
8.71 units/acre (20% density bonus)
|
|
HDR-10
|
4.36 units/acre
|
7.26 units/acre (66% density bonus)
|
|
HDR-15
|
2.90 units/acre
|
4.36 units/acre (50% density bonus)
|
|
MDR-20
|
2.18 units/acre
|
2.90 units/acre (33% density bonus)
|
|
MDR-30
|
1.45 units/acre
|
2.18 units/acre (50% density bonus)
|
|
LDR-40
|
1.09 units/acre
|
1.45 units/acre (33% density bonus)
|
|
LDR-43
|
1.00 unit/acre
|
1.33 units/acre (33% density bonus)
|
|
RR-60
|
0.73 units/acre
|
1.00 unit/acre (37% density bonus)
|
D.
Application procedure.
(1)
Preapplication conference.
(a)
An applicant for a comprehensive permit shall
request a preapplication conference with the Town Planner. The purpose
of the conference is to review a concept plan of the proposed development.
(b)
To request a preapplication conference, the
applicant shall submit a short written description of the project,
including the number of units, type of housing, and a location map.
(c)
The Town Planner shall have 30 days from receipt
of a request for a preapplication conference to conduct the conference.
If the preapplication conference has not taken place within 30 days,
the applicant has the right to file the comprehensive permit application.
(2)
Submission requirements. Applications for a
comprehensive permit shall include an original and 24 copies of the
following:
(a)
A written application for a comprehensive permit on a form provided by the Planning Department for that purpose. The application shall identify the specific ordinances and regulations from which the applicant is seeking relief, together with a specific description of what relief is needed, including the permitted and the proposed housing density. A yield plan, which shall be subject to Planning Board approval, shall be included to show allowed density according to the Schedule of Dimensional Regulations (§ 260-19).
(b)
For applications that do not propose a major
land development project or a major subdivision, the applicant shall
submit all of the material required by the applicable provision of
the Zoning Ordinance or the Land Development and Subdivision Regulations,[1] including the master plan checklist for major land developments
and major subdivisions, and the Town Planner shall indicate which
provisions are not applicable at the preapplication conference.
(c)
For applications that propose a major land development
project or a major subdivision, the applicant shall submit all items
on the master plan checklist for major land developments and major
subdivisions in the Land Development and Subdivision Regulations.
(3)
Supporting materials. Applications shall include
the following:
(a)
A letter of eligibility or documentation of
eligibility for a state or federal subsidy, or identification of the
municipal subsidy sought;
(b)
A proposed timetable for the commencement of
construction and completion of the project, including a timetable
for construction phasing that includes the percentage of low- and
moderate-income housing that will be constructed during each phase;
(c)
A sample land lease or deed restriction with
affordability liens, in conformance with guidelines of the agency
providing the subsidy, that will restrict use of the low- and moderate-income
units to low- and moderate-income housing for 99 years;
(d)
Identification of an approved entity that will
monitor the long-term affordability of the low- and moderate-income
units;
(e)
A financial pro forma for the proposed development,
including but not limited to evidence of the acquisition price, expenses,
and other economic factors that comprise the total cost for the construction
and administration of the facility and the resulting rental rates
or sale prices to be charged for all units constructed;
(f)
Scaled architectural drawings including floor
plans of typical units, typical elevations, and sections, identifying
construction type and exterior finish materials;
(g)
A list of all state and federal approvals and
permits required for construction of the development;
(h)
A description of the proposed buildings by type
and size (numbers of buildings, residential units, bedrooms, floor
area), and percentage of the site that will be covered by structures
and other impervious surfaces;
E.
Certification of Completeness
(1)
The Town Planner shall certify a new application
as complete or incomplete, according to the provisions of the Land
Development and Subdivision Regulations, within 30 days of the day
it is received. If the application is certified as incomplete, the
Town Planner shall specify, in writing, the missing or incomplete
items. That time period stops running if the Town Planner determines
that the application is incomplete. When the application is resubmitted,
the Town Planner shall certify it as complete or incomplete within
14 days of the date of resubmission.
(2)
When an application is certified as complete,
the Planning Department shall transmit a complete copy of the application
to the Town Council, the Conservation Commission, the Zoning Board
of Review, the Zoning Official, the applicable fire district, and
the Department of Public Works.
(3)
Notwithstanding the submission requirements
set forth in this section, the Planning Board may request additional
reasonable documentation during review of the application, including
but not limited to opinions of experts, credible evidence of application
for necessary federal or state permits, and opinions or recommendations
from other town boards, commissions, or officials.
F.
Review of application
(1)
A master plan application for a major land development
project or major subdivision shall be scheduled for a public hearing
as soon as practical. The Planning Board shall render a decision on
the master plan application no more than 120 days after the date on
which the application was certified as complete, unless the applicant
and the Planning Board agree to a longer period of time. Preliminary
plan review and approval and final plan review and approval shall
take place pursuant to the provisions of the Land Development and
Subdivision Regulations, provided, however, that the preliminary plan
application shall be certified as complete within forty-five (45)
days of the day it is submitted.
(2)
An application proposing any type of development
other than a major land development or major subdivision, including
but not limited to a minor land development, minor subdivision, Zoning
Ordinance relief, or relief from any other local ordinance or regulation,
shall be reviewed according to the procedures specified in the Zoning
Ordinance or in the Land Development and Subdivision Regulations for
that type of relief, provided, however, that a public hearing shall
be conducted on each such application. The Planning Board shall schedule
a public hearing on the application as soon as practical after the
application is certified as complete, and shall render a decision
no more than 95 days after the date on which the application was certified
as complete, unless the applicant and the Planning Board agree to
a longer period of time. The time from voting by the Planning Board
until the written decision is issued shall not be included in any
mandatory time period.
(3)
If a decision is not rendered within the time
periods in this section, the application shall be considered approved,
and the necessary permits shall be issued immediately.
G.
Decision.
(1)
In a decision approving an application for a
comprehensive permit, the Planning Board shall make positive findings
on each of the following applicable criteria. The findings shall be
supported by legally competent evidence on the record, and the decision
shall disclose the nature and character of the observations on which
the Planning Board members acted.
(a)
The proposed development is consistent with
local needs as identified in the Comprehensive Plan, with particular
emphasis on the affordable housing plan, or the proposed development
has satisfactorily addressed the issues where there may be inconsistencies.
(b)
The proposed development is in compliance with
the standards and provisions of the Zoning Ordinance and Land Development
and Subdivision Regulations, or where those standards and provisions
have been waived or varied, local concerns that have been affected
by the relief granted do not outweigh the state and local need for
low- and moderate-income housing.
(c)
All low- and moderate-income housing units proposed
are integrated throughout the development, are compatible in scale
and architectural style to the market rate units in the development,
and will be built and occupied prior to, or simultaneously with, the
construction and occupancy of the market rate units.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(d)
There will be no significant negative environmental
impacts from the proposed development as shown on the final plan,
with all required conditions for approval.
(e)
There will be no significant negative impacts
on the health and safety of current or future residents of the community,
in areas including, but not limited to, safe circulation of pedestrian
and vehicular traffic, provision of emergency services, sewage disposal,
availability of potable water, adequate surface water runoff, and
the preservation of natural, historical or cultural features that
contribute to the attractiveness of the community.
(f)
All of the proposed land development, or all
lots in a subdivision, will have adequate and permanent access to
a public street in accordance with the requirements of RIGL 45-23-60(a)(5).
(g)
The proposed development will not result in
the creation of individual lots with such physical constraints to
development that building on those lots according to the applicable
regulations and building standards would be impracticable, unless
the lots are created solely as permanent open space or are permanently
reserved for a public purpose on the approved and recorded plat.
(2)
The Planning Board may deny the application
for any of the following reasons:
(a)
Westerly's affordable housing plan has been
approved, Westerly has adopted the implementation plan contained in
the approved plan, Westerly has not unreasonably denied applications
made pursuant to the approved affordable housing plan, and the application
is inconsistent with the approved affordable housing plan;
(b)
The proposal is not consistent with local needs,
including, but not limited to, the needs identified in an approved
Comprehensive Plan, and/or the Zoning Ordinance and procedures promulgated
in conformance with the Comprehensive Plan;
(c)
The proposal is not in conformity with the Comprehensive
Plan;
(d)
Westerly has met, or has plans to meet, the
goal of having 10% of its year-round housing units as low or moderate
income housing;
(e)
The application does not adequately address
concerns for the environment and for the health and safety of current
town residents.
(3)
When making its decision, the Planning Board
shall have the same powers as the boards and officials who would otherwise
have the authority to approve the application.
(4)
The Planning Board shall have the authority
to impose conditions and requirements on the decision with respect
to site plan, height, size or shape, or building materials, that are
consistent with the provisions of this section, consistent with the
approved affordable housing plan, and supported by competent legal
evidence in the record.
(5)
The decision of the Planning Board shall be
by a majority vote of the membership of the Board. The decision shall
be in writing and shall be posted in the office of the Town Planner
and in the office of the Town Clerk. A copy shall be sent to the applicant.
(6)
A comprehensive permit shall expire unless construction
is started within 12 months and completed within 60 months of final
plan approval unless the Planning Board and the applicant agree to
a longer and/or phased period for development. Low- and moderate-income
housing units shall be built and occupied prior to or simultaneously
with the construction and occupancy of market rate units.
H.
Appeals.
(1)
Any person aggrieved by the issuance of an approval
may appeal to the Washington County Superior Court within 20 days
of the issuance of approval.
(2)
If the application is denied, or is granted
with conditions or requirements that make the construction or operation
of the housing infeasible, the applicant has the right to appeal the
decision to the State Housing Appeals Board. The appeal shall be made
within 20 days of the date of notice of the decision.
[Added 1-14-2008 by Ch. No. 1625]
A.
Purpose. The purpose of this chapter is to establish
an Affordable Housing Fund that will receive and hold monies that
will be used to increase the Town's supply of low- and moderate-income
housing.
B.
Sources of fund. The Affordable Housing Fund may receive
and hold monies from the following sources:
(1)
Fees paid by developers in lieu of construction of inclusionary dwelling units pursuant to § 260-50.2, Inclusionary zoning.
(2)
Fees paid pursuant to any other ordinance enacted
to implement the housing element of the Town's Comprehensive Plan,
including its Affordable Housing Plan.
(3)
Town appropriations.
(4)
Contributions from individuals, corporations,
charitable or governmental entities.
C.
Administration of fund. The Affordable Housing Fund
shall be established as a restricted account that is administered
by the Department of Finance pursuant to RIGL 45-23-47, as amended.
D.
Purposes for which money may be used. Money held in
the Affordable Housing Fund may be used by nonprofit and for-profit
developers in the following ways to carry out goals of Westerly's
Affordable Housing Plan, provided that a minimum of 50% of all dwelling
units are set aside for low- and moderate-income households. In developments
where the housing units will be offered for sale, low- and moderate-income
units shall be affordable for a family with an adjusted gross income
that is less than 100% of area median income. In developments where
the housing units will be rentals, the rent for all low- and moderate-income
units shall be affordable for a family with an adjusted gross income
that is 80% or less of area median income.
(1)
Grants to pay for all or part of the cost of
constructing new low- or moderate-income housing or to purchase existing
structures for rehabilitation and conversion to low- or moderate-income
housing.
(2)
As a municipal subsidy used to leverage funds
from other sources in order to construct low- or moderate-income housing.
(3)
To purchase land on which low- or moderate-income
housing will be constructed.
(4)
As repayable loans for the construction or creation
of low- or moderate-income housing.
E.
Town Council to award funds. Monies from the Affordable
Housing Fund may from time to time be awarded by the Town Council
after a public hearing. The date, time, location and purpose of the
public hearing shall be advertised in a newspaper of general circulation
in Westerly at least 14 days before the date of the public hearing.
F.
Fund distributions. Entities seeking Affordable Housing
Fund financing shall provide all of the following information to the
Planning Department, which will determine the completeness of the
application prior to Town Council action. Missing or incomplete items
must be provided before the Planning Department will certify the application
as complete.
(1)
Name, address and phone number of applicant;
(2)
Address of the site proposed for affordable
housing, and site description;
(3)
Evidence that the applicant controls the site;
(4)
Number and type (homeownership or rental) of
housing units proposed;
(5)
Other sources and amounts of housing construction
financing;
(6)
Relevant project details, including percentage of units for low- or moderate-income households, income eligibility standards, and maintenance of long-term affordability of low- or moderate-income housing units based on § 260-50.2E(2) and (3);
(7)
Statement of conformance with Westerly's Affordable
Housing Plan;
(8)
Financial pro forma demonstrating that the project
is financially feasible on the basis of estimated development costs
(land acquisition, construction, financing and administration), and
the resulting rental rates or sales prices to be charged for all units
constructed;
(9)
Proposed timetable for commencement of construction
and project completion, including a timetable for construction phasing
that includes the percentage of low- and moderate-income housing that
will be constructed during each phase;
(10)
Identification of a monitoring agent approved by the Rhode Island Housing and Mortgage Finance Corporation to assure affordability and fair marketing, pursuant to § 260-50.2E;
(11)
Scaled architectural drawings including floor
plans of typical units, typical elevations, identifying construction
type and exterior finish materials; and
(12)
List of all state and federal approvals and
permits required prior to construction.
G.
Monitoring of fund distributions. Entities receiving
affordable housing funds shall submit quarterly reports to the Planning
Department on January 1, April 1, July 1 and October 1 of each calendar
year until project completion. The following information shall be
provided:
(1)
All expenditures of affordable housing funds,
including support materials necessary to justify expenditures (i.e.,
receipts for work performed).
(2)
A written project status narrative describing
activities undertaken during the reporting period, changes in the
scope of work, changes in timetables affecting project completion
dates, and specific accomplishments, problems or anticipated delays.
