Land development projects—general requirements
(a) Authorization and general purposes. The purpose of this section is to encourage, and in zones to require, the comprehensive development of significant parcels, in order encourage a positive mix of uses and optimize scarce resources for the benefit of both the public and the developer. The method to accomplish this purpose is by authorizing the establishment of planned land development projects. Land development projects are intended to promote attractive, convenient, efficient development through careful site planning; to preserve open space, historic sites and valuable natural features of the land; to permit the creation of such uses as multifamily residential and mixed-use communities consistent with the character of the town and the neighborhood and the comprehensive plan; and to permit the design and construction of buildings, structures, and other facilities which by virtue of their location, orientation, landscaping and other features show unusual design merit. All such land development projects shall be governed in their establishment by the procedures of the town subdivision and development review regulations for major land development review.
(b) Specific considerations. This authorization serves to encourage development as a single project those tracts of land that are sufficiently large to allow a site design for a group of structures. It should either promote a harmonious variety or grouping of uses, or utilize the economy of shared services and facilities. It is further the purpose of authorizing land development projects to take into account the following:
(1) Advances in technology and design.
(2) Recognition and resolution of problems created by increasing population density.
(3) A comprehensive development equal to or better than that resulting from traditional lot-by-lot land use development, in which the design of the overall unit permits increased freedom in the placement and uses of buildings and the location of open spaces, circulation facilities, off-street parking areas and other facilities.
(4) The potential of sites characterized by special features of geography, topography, size or shape.
(5) Compliance with this chapter as to all appropriate regulations.
(6) Compliance with federal and state regulations regarding energy saving.
(c) General standards for development. General standards for development shall be as follows:
(1) Relation to transportation. Principal vehicular access shall not be from arterial highways. Access points shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to vehicles and pedestrians. Where the development is located on an arterial highway, a service road should be utilized, together with common driveways. Merging, turnout lanes and traffic dividers shall be provided where existing or anticipated heavy flows indicate need.
(2) Relation to surrounding property. Site planning shall provide protection from potentially adverse surrounding influences, and protection of surrounding areas from potentially adverse influences from within the development.
(3) Buffer zone. Landscaped buffers shall be required for certain land development projects, and are set forth in the requirements for each type of land development project. The buffer shall not be paved, nor be used for parking or driveway, nor contain any structure, nor be used for leaching or absorption fields. However, underground water, sewer or drainage lines with appropriate easements thereto may be permitted in a buffer.
(4) Screening. Fences, walls or vegetative screening shall be provided along the perimeter of the development where needed to provide a buffer, to preserve public viewsheds and to minimize incompatibility with surroundings. In particular, the following uses and areas within the development shall be screened from adjacent residential district or public streets:
a. Off-street parking areas containing more than ten spaces. When nearest portions of noncontiguous parking areas are separated by less than 50 feet of landscaped space, as measured from their nearest points, they shall be considered as combined for computing the above minimum number of spaces.
b. Service areas for loading and unloading vehicles other than passenger; and for storage and collection of trash and garbage.
c. Utility areas such as pumping station, electric utility substations and the like.
(5) Maximum height. No structure shall exceed three stories or 35 feet above grade, as defined in this chapter.
(6) Procedural and design standards. Unless otherwise indicated, the procedural and design standards for improvements in a land development project shall be the same as those set forth in the town subdivision and development review regulations in effect at the time of the application insofar as such regulations are applicable. Waivers may be provided in accordance with the requirements of the town subdivision and development review regulations.
(d) Standards for multifamily buildings. Where multifamily buildings are otherwise allowed in a land development project, the following standards shall apply.
(1) Front yard. Multifamily projects, when located along any major arterial public highway (Metacom Avenue and Hope Street), shall provide a minimum front yard of 75 feet from such public highway. No building, accessory building, parking lot or utility area shall be located in any such front yard. A landscaped or natural buffer zone of 50-foot width shall be maintained along such public highway and may not be used for any recreation space.
(2) Distance between multifamily buildings on same lot. The minimum distance between two buildings or any two rows of buildings substantially parallel to each other shall be 50 feet. The minimum distance between abutting ends of buildings in the same general plane or row shall be 25 feet, if such walls contain no windows serving habitable rooms, otherwise the minimum distance shall be 50 feet. The minimum distances between multifamily buildings on the same lot shall be ten feet in the R-6 zoning district. There shall be no minimum distances between multifamily buildings on the same lot in the Downtown or waterfront zoning districts.
(3) Distance between multifamily buildings and property line. The minimum distance from side and rear property lines shall be 50 feet. The minimum distance from side and rear property lines shall be 10 feet in the R-6 zoning district. There shall be no minimum distance from side and rear property lines in the Downtown or Waterfront zoning districts. Accessory buildings shall adhere to the same side yard requirements.
(4) Rubbish disposal. Where a multifamily building is included in a land development project, a plan for rubbish disposal shall be submitted by the developer, and such plan shall include provision for interior or enclosed storage of all rubbish. Where enclosed storage is provided, it shall be of sufficient size to accommodate all trash and waste stored on the premises. The waste pen and all utility areas shall be properly screened and buffered from all buildings and property lines.
(5) Parking lots; distance from buildings. No parking area, driveway or utility area shall be located within 15 feet of any wall of a principal building (except a garage) used for residential purposes along which is located an entrance or exit generally intended for use by residents thereof or along which are located residential windows less than ten feet above ground level. All parking spaces and areas shall be suitably surfaced and not located on any access road.
(6) Walkways. Pedestrian walkways shall be provided for all multifamily dwellings to provide safe and convenient access. Pedestrian crossings at edges of the development shall be safely located and marked.
(7) Permitted accessory uses. Customary uses accessory to residential dwellings are permitted such as laundry and drying facilities, refuse collection, lounges, sales offices, etc., which are intended for the residents thereof.
(8) Townhouse criteria. Not more than four contiguous townhouses shall be built in a row with the same or approximately the same front line, and not more than six townhouses shall be in the same structure. Each townhouse shall have an open space containing not less than 400 square feet, reasonably secluded from view from streets or from neighboring property. Such yards shall not be used for off-street parking or for any accessory building.
(e) Commercial development standards. Where commercial uses are otherwise allowed as part of a land development project, the following standards shall apply.
(1) Market analysis. The amount of area and type of commercial facilities allowed in a rehab land development project shall be based on a market analysis prepared and signed by a market analyst and reviewed by the planning board. The planning board may require its own market analysis done by an analyst chosen by the board, to be paid for by the developer. The market analysis shall demonstrate that the amount of land proposed is needed for, and can realistically be supported in, commercial use. Calculations of area for commercial use shall include that land necessary for any structures, buffers, parking for and ingress/egress to commercial area. In calculating the potential market area, road travel distances (and not radii) shall be used.
(2) Buffer. There shall be a landscaped buffer between any commercial structure and any residential structure within a land development project. Such landscaping shall provide an effective visual and acoustical screen between the commercial and residential uses. Such a buffer can be of natural vegetation or a double row of compact evergreens at least four feet tall.
(3) Layout. Layout of parking areas, service areas, entrances, exits, yards, courts and landscaping, and the control of signs, lighting, noise or other potentially adverse influences shall be such as to protect any residential character within a land development project and desirable character in any adjoining neighborhood.
(4) Combination with recreational facilities. At the discretion of the planning board, commercial uses may be developed in combination with community recreational facilities for land development project and neighborhood residents.
(f) Road standards. Roads in a land development project may be private or public and shall adhere to the standards of the town subdivision and development review regulations.
(g) Drainage standards. An engineer engaged by the town, at the developer's expense, shall review all drainage plans and calculations to ensure that no net increase of run-off shall result. The plans shall be reviewed to ensure that the drainage in the planned development will not adversely impact adjacent properties. Drainage shall be designed and constructed according to the standards and requirements of the Bristol Subdivision and Development Review Regulations.
(h) Walkway standards. Walkway standards shall be as follows:
(1) General requirements. All land development projects shall be provided with safe, convenient, durable, all-season pedestrian access of adequate width for intended use between individual buildings, the streets and all community facilities provided for residents. Sudden changes in alignment and gradient shall be avoided.
(2) Common walk system. A common walk system shall be provided and maintained between locations where pedestrian traffic is concentrated. Such common walks shall have a minimum width of four feet.
(3) Individual walks. All buildings, other than detached single-family or two-family buildings, shall be connected to common walks, to paved streets, or to paved driveways or parking spaces connecting to a paved street. Such individual walks shall have a minimum width of three feet.
(i) Open space. Certain land development projects require that a percentage of the land area of the total tract, exclusive of land devoted to roads, driveways, easements or drainage facilities, including detention ponds, shall be devoted to open space.
(1) Multiple parcels. Common open space may be in one or more parcels of a size and shape appropriate for its intended use as determined by the planning board.
(2) Ownership. All such open space land shall either be conveyed to the town and accepted by it for park, open space, agricultural, or other specified use or uses, or be conveyed to a nonprofit organization, the principal purpose of which is the conservation of open space, or be conveyed to a corporation or trust owned or to be owned by the owners of lots or units within the development, or owners of shares within a cooperative development. If such a corporation or trust is used, ownership shall pass with conveyances of the lots or units. In any case where the land is not conveyed to the town, a restriction enforceable by the town shall be recorded providing that the land shall be kept in the authorized condition and not be built upon or developed for accessory uses such as parking or roadway.
(j) Special regulations. Special regulations shall be as follows:
(1) Emergency access. Egress for municipal and emergency vehicles shall be approved prior to approval of the land development project.
(2) In-ground utilities. The planning board may require that public utilities in a land development project may be placed in roadways, subject to the granting of easements to the respective utility companies to enter upon such roadways to repair, replace and maintain appurtenances and equipment installed in connection with the use of such utilities, whether such roadways are public and private.
(3) Dedication or payment in lieu thereof. The planning board, pursuant to the town subdivision and development review regulations, may require the dedication of sites to the town for development of public schools, fire stations and other public services, or payment of a certain sum of money in lieu of such dedication.
(4) Phasing. The timing of development shall be controlled through the issuance of building permits and shall be scheduled at a rate, dwelling units per year, which would not create excessive demand on municipal facilities and services, including sewer and water facilities, roads and storm drains. The planning board may set a rate of development during the application process and require phases to be established.
(Amend. of 1-27-21)