Planned Development District (PDD).
§ 218-48. Planned Development District (PDD).
A. Planned development authorized. This Section authorizes the creation of land development projects within a Planned Development District (PDD) in which one or more lots are to be developed as a coordinated site for a complex of uses, units, or structures.
B. Public purpose. The purpose of the PDD is to encourage a development resulting in a low intensity mixture of industrial, recreational, residential and commercial uses while maintaining the rural characteristics and the environmental resources of the Town. The purpose of this Section is to provide for the planning of land parcels as an integrated, coordinated unit as opposed to the traditional parcel by parcel, piecemeal, sporadic and unplanned approach to development. This Section is intended to provide regulations to introduce flexibility of site design and architecture to provide for the conservation of land and open space through the clustering of buildings and activities. It is intended that a PDD will be characterized by integrated planning and architecture, joint or common use of parking, maintenance of open space and other facilities, and a harmonious selection and efficient distribution of uses. In addition, the purpose of this District is to implement the goals, objectives, and recommendations of the Town of Charlestown Comprehensive Plan 1991, as may be amended from time to time. The following are the objectives to achieve these purposes, which are intended to be given equal priority and are numbered for reference only:
(1) To retain a sense of the rural landscape and character of the Town.
(2) To protect surface and groundwater resources through the careful siting of sewage disposal systems, erosion and sediment control, the control of stormwater runoff and groundwater usage.
(3) To limit and control access of new development on Town and State roads so that traffic safety and circulation are not affected adversely within and adjacent to the PDD.
(4) To assure the clustering of new uses and parking areas on the most appropriate developable land within the PDD in order to retain sensitive environmental resources and preserve open space.
(5) To assure that the design of new structures, parking areas, and landscaping is compatible with the natural features and topography of the land within the PDD.
(6) To preserve the natural beauty of existing rural roads, farmland, topography and wooded areas, and to provide usable open space, greenways, and recreation facilities.
(7) To encourage a less sprawling form of development which makes more efficient use of the land in a traditional village center which requires a shorter network of streets and utilities.
(8) To provide for the integrity of existing plant and animal communities.
(9) To provide an efficient procedure which can insure appropriate, high quality design and site planning, and a high level of environmental amenities.
(10) To provide a variety of affordable housing opportunities and living spaces for a wide range of ages, needs, incomes, and lifestyles.
C. Boundaries. The area of Planned Development Districts is that land within the boundaries as designated as PDD on the Charlestown Official Zoning Maps filed in the offices of the Town Clerk and copies in the Building Inspector's office, as may be amended from time to time.
D. Use criteria. Permitted uses shall be those outlined in ARTICLE VI, Land Use Regulations, except that drive-through uses are prohibited.
E. General criteria.
(1) Access and Traffic. The design of proposed access, street layouts, impacts on adjacent Town or State roads, traffic control, existing traffic conditions, and projected traffic generation shall be reviewed by the Planning Commission for an application within a PDD. Common driveways and shared access that serve more than one property are encouraged. Roads within a PDD shall be constructed to the standards for roads established by the Town of Charlestown Subdivision Regulations. Roads shall be of rural rather than urban character. Non-grid road systems are encouraged. An application may be denied by the Commission if the proposal is deemed to create a hazardous condition when the traffic to be generated together with existing traffic conditions will adversely impact the safety of the general public.
(2) Adequate Facilities. Prior to approving any phase of a PDD development plan, the Commission must be furnished with satisfactory evidence that acceptable capacity exists or improvements will be provided to support the application's proposed development including, but not limited to, the areas of water supply, storm water drainage, sewage disposal, solid waste disposal, public safety, emergency services, recreational facilities, educational services, and transportation. All PDD applications must also demonstrate that the proposed development is approved by any other local, state, or federal agency having jurisdiction over such matters.
(3) Building Permits. A building permit shall only be issued within a PDD only if the application for which the permit is to be issued, is in conformance with the approved development plan and if the required site improvements are completed and in place.
(4) Density and Impervious Coverage.
(a) Units Permitted.
[1] Residential Density. The density of a PDD shall be equal to or less than the density permitted under a residential cluster subdivision within a R-3A zoning district. The density of a PDD cannot be varied. The PDD is not intended as a device to circumvent zoning density regulations, standards, and good planning practice. Site planning layout for single family dwelling units and/or multifamily dwelling units shall utilize the provisions of § 218-52, Residential Cluster Subdivision and/or § 218-51, Multi-Family Dwellings
[2] Non-residential Density. Non-residential Development shall not exceed 40 percent of the PDD and shall progress in coordination with the residential development. Lot layout shall utilize the nonresidential provisions of § 218-41, Dimensional Table, for site planning. Non-residential development shall not exceed the impacts of a R-3A residential cluster subdivision, especially in the areas of water use, septic waste generation and nitrate loading, and impervious coverage.
(b) Impervious Coverage. The maximum amount of impervious coverage shall not exceed the equivalent percentage of a residential cluster subdivision developed in a R-3A district for the site or a maximum of 10 percent. A wide range of techniques is encouraged to minimize impervious cover.
(5) Master Plan/Development Plan Review Required. A master plan of all property within each PDD shall be submitted as part of the conceptual review stage of the Development Plan Review and/or Subdivision review process. The master plan shall detail all existing lots, proposed future lots, proposed uses, the proposed layout of streets, driveways, parking areas, landscaping, infrastructure, environmental features, phases, information from an environmental analysis and any other item the Commission deems necessary to review the entire PDD property as a whole. Master plans shall be prepared by a Rhode Island Registered Professional Engineer and/or Land Surveyor and be accompanied by appropriate supporting documentation from a Rhode Island Registered Architect or Landscape Architect where required.
(6) Environmental Analysis. The Commission shall require the applicant to submit an environmental analysis as outlined in the Charlestown Subdivision Regulations on the proposal or may contract with an outside consultant for one at the applicant's expense to adequately review the application. The environmental analysis shall include a survey of the flora and fauna of the entire site. The Commission may consult with other local boards, commissions, or the staff of state or federal agencies in order to adequately review the environmental analysis. The applicant shall consult with the Rhode Island Natural Heritage Program among other agencies in the preparation of the environmental analysis.
(7) Fire District Inspection. All PDD applications shall provide adequate water supply and emergency access for fire suppression and evidence of compliance with applicable fire codes. A letter from the fire district within whose boundaries the PDD is located shall be submitted at the conceptual review approving of the PDD as proposed or stating what improvements would be necessary to adequately provide fire protection to the site.
(8) Legal Instruments. The proposed declaration of covenants, conditions, and restrictions for the PDD must be submitted with the master plan. In addition, any other proposed legal instruments for the protection and maintenance of common-open areas, recreation areas, and utilities if any, must be submitted. These legal instruments must be approved by the Town Solicitor to ensure the Town's interests are protected. The deeds to property in the PDD must provide that each property owner in the PDD is the owner of an undivided interest in the common areas and that private structures of any type are prohibited in the common areas. A copy of all recorded legal instruments must be filed with a building permit application.
(9) Off-Site Improvements. Construction of facilities or improvements outside of the PDD may be required where the Commission finds the proposed development may impact the general health, safety or welfare of the Town and off-site improvements would mitigate this impact. The Commission shall identify the need for such improvements in setting forth findings of fact based upon information submitted, studies and knowledge of the impacted area, and the Comprehensive Plan. The Commission shall identify any significant negative impacts of a proposed PDD on existing conditions within or in the vicinity of the PDD and the reasons for and the extent to which mitigative measures are required.
(10) Open Space. Common open space shall comprise not less than twenty-five percent of the total area of the PDD. Such space may include land area to be developed as recreational areas for the common use of all occupants of the PDD, but shall not include streets, off-street parking areas, rights-of-way, required buffers, setback areas, and utility easements.
(11) Other Information. The Commission may request and the applicant shall provide any other information deemed necessary by the Commission to evaluate the application for compliance with the regulations contained herein and other applicable laws and regulations so that there will be no adverse impacts to the public's health, welfare, or safety.
(12) Summary Report. The conceptual application for a PDD shall include a written summary report which includes, but is not limited to the following:
(a) How the intent and purposes of this Section and Ordinance will be achieved by the proposed PDD.
(b) A description of how the PDD will relate to surrounding land uses.
(c) Sketches or illustrations of the proposed architecture of the development and a description of how the overall design proposed is compatible with the rural character of the Town.
(d) Whether other land use reviews will be required for subdivision review, variances, or special use permits and the timing of development.
(e) The different land uses proposed by type and amount of land, including specifically the amount of land for housing, open space, streets, recreation, parking and commercial uses.
(f) A statement on how the necessary services will be provided.
(g) The names and addresses of all professional consultants who have assisted in the development of the PDD application submitted.
(h) Evidence that the applicant has sufficient control over the subject property to effectuate the proposed PDD, including a statement of all legal, beneficial, tenancy and contractual interest.
(i) A section describing how the proposed PDD's is consistent with the applicable goals, policies, and recommendations of the Town's Comprehensive Plan.
(13) Site Development Standards.
(a) Architectural Standards. Each PDD shall include the following design standards:
[1] Windows shall maintain a consistent design character which shall be maintained throughout the development.
[2] Building design shall use traditional New England natural building products and forms.
[3] The design of units shall recognize the need for natural light, ventilation, amenity space, privacy, maintenance, and fire protection.
[4] Twenty percent of the length of building facades may exceed the heights limits specified in ARTICLE VII § 218-42B, Building Height., in order to provide roofline and facade variations, accents, tower elements and other similar architectural elements which do not increase the floor area of the structure.
[5] The overall design shall maintain the visual integrity of hilltops and ridgelines. Development shall be sited no higher than the average canopy height of trees on the ridgeline or hill top.
[6] The overall design of the built and landscaped development shall follow the natural topography. The development should not be visually intrusive from adjacent property, roadways or other public areas.
[7] Large scale development should take the form of village-like groupings of small scale buildings, rather than a large individual structure or box-like buildings set back on a large expanse of paved parking. New buildings shall not be large, bulky masses, but shall be scaled down into groupings of smaller attached or detached structures.
(b) Landscaping and Screening. Prior to the issuance of permits for any permits with a PDD, the PDD shall conform to the provisions of the landscape regulations of § 218-74, Landscaping, of this Ordinance. A landscaping plan shall be submitted for all PDD applications at the Master plan review and shall additionally address the following standards.
[1] The landscape plan shall address visual and audio aspects of the landscape. Scenic views and vistas, particularly as seen from public roads shall be preserved and enhanced. The landscape plan shall show the street view of the property and adjacent properties in predevelopment and post-development conditions.
[2] Any disturbed portion of a developed lot or property that is not used for the location of buildings, structures, or accessory uses shall be landscaped and maintained or left as natural vegetation.
[3] Unique site features such as historic stone walls, archaeological sites, cemeteries or ledge faces, shall be retained and protected. Such features shall be incorporated into the overall landscaping design.
[4] Every reasonable effort shall be made to preserve existing healthy, mature trees, and specimen or endangered vegetation shall be retained. Consideration shall be given to using native sustainable plant materials. The Commission may require the preparation of a plan showing the location of significant trees within the PDD in order to maximize the preservation of such trees and their incorporation into the proposed development plan.
[5] A front landscaped area may be required for all uses. This area shall be covered with grass and/or other ground cover and shall include appropriate trees and shrubs. As a minimum, one shade tree having a caliper of three inches and height of eight feet shall be planted for every fifty feet or fraction thereof of lot frontage where natural vegetation is not retained.
[6] Side and rear yard landscaping may be required for all uses. Sod and/or seeding shall not constitute adequate landscaping. Tree and shrub plantings shall be combined with sod and/or seeding. All building foundations shall be landscaped with sustainable trees and shrubs.
[7] Storage areas, service areas, trash receptacles, utility structures and similar structures shall be screened with appropriate plantings or enclosed in a structure with construction materials, colors, and appearance similar to that of the main buildings.
[8] A PDD shall have a one hundred foot perimeter undisturbed buffer to provide an adequate transition between the development, existing town or state roads and abutting land uses. The buffer shall remain in its natural state unless otherwise approved by the Commission.
[a] When required, loading and other service areas such as trash dumpsters shall be placed to the rear or side of buildings in visually unobtrusive locations. Screening and landscaping shall prevent direct views of the loading areas and their driveways from adjacent properties or from public or private streets used by the general public. Screening and buffering shall be achieved through walls, fences and landscaping and shall be visually impervious.
(c) Lighting. Where lighting is deemed necessary, low intensity light shall be used to illuminate a PDD and shall be capped and directed away from adjacent properties. It shall be shielded from roadways and other public areas. Non-sodium vapor lights shall be used.
(d) Lots. The proposed uses shall be clustered in such a manner to make efficient use of land resources and to reduce the amount of impervious surfaces and infrastructure. The impact on existing uses and the rural character of the area shall be considered in the layout and the overall design of the PDD.
[1] Single family and attached clustered family dwelling units are permitted with a maximum of four family units per cluster and a maximum of eight bedrooms per cluster.
[2] Non-residential uses abutting residential districts and/or residential uses shall provide twice the regular yard setbacks where abutting such residential district and/or use. To encourage clustering of development in the most appropriate locations, the Planning Commission at its discretion, may approve a development review plan showing a side or rear yard of lesser dimensions where it determines on two or more adjacent lots that such development plan would best achieve the objectives of the PDD.
(e) Open Space. There shall be twenty-five percent of the total lot area provided as permanent open space. No more than five percent of the open space may consist of constraints to development. The location of the open space shall be contiguous to existing open space areas or in areas of the highest probability of connecting to future open space or greenway corridors.
[1] Permitted uses in the open space are limited to the following:
[a] Passive recreation which is defined as activities which use the land with minimal disturbance, not to exceed five percent of the open space.
[b] Recreational trails for non-motorized use, except that motorized wheelchairs are permitted.
[c] The Planning Commission may approve structures under two hundred square feet for picnic shelters, maintenance equipment, storage, or other uses accessory to a permitted open space common use.
[d] Forest management activities designed to promote healthy and aesthetic forests.
[2] Ownership and maintenance of the open space shall be the responsibility of a property owners association. Each lot or interest within the PDD shall be deemed as a unit granting to the parcel owner a proportionate undivided interest in the common area in perpetuity, with such restrictions as may be approved by the Commission in approving the PDD.
[3] A conservation easement as approved by the Town Solicitor shall be granted to the Town of Charlestown on the open space to protect the preserved land in accordance with the approved PDD.
(f) Parking Standards.
[1] Parking use ratios shall be as stipulated in § 218-56, Required parking For mixed uses with different parking requirements, the number of parking spaces required shall equal the sum of all the individual uses. Land area shall be provided for the maximum number of spaces required, but actual construction may be phased by use and phases shall be indicated on the master plan
[2] Parking areas shall not be located within any required yard setback, buffer area, open space area or required landscaped area. Off-street parking must be located in rear yards where feasible in order to screen such facilities from adjacent streets. The Commission shall review the proposed location of parking facilities and may require relocation, modification, or additional screening in order to protect views from adjacent property, public and private streets. The Commission shall require that all off-street parking and loading facilities shall be located so that they are not visible from Route 1 or Route 112.
[3] For uses requiring more than forty parking spaces, smaller interconnected parking areas of no more than forty spaces shall be provided rather than a single large parking lot. Shared parking shall be encouraged for mixed uses which have different hours, days, and/or seasons of peak parking demand. The Commission may, permit individual parking standards to be reduced for separate uses where it can be demonstrated that adequate parking may be made available on a shared basis. The Commission may require written easements or other legal assurances as may be required to enforce shared parking arrangements. Where reasonable and practical, the Commission shall require common driveways and interconnected parking lots in order to facilitate shared parking.
[4] Parking areas, fire lanes, service drives and driveways shall be a dust free surface. Overflow lots that are used infrequently could have grass or other porous surfaces.
(g) Public Facilities. The applicant is responsible for providing the necessary utilities and appropriate facilities for the PDD. All public facilities needed to serve the PDD must be provided to the exterior boundaries of the PDD by rights-of-way or easements. Where technically feasible and allowed by state law, joint or common water and or sanitation systems should be used. Public utilities shall be installed underground and according to the provisions of the Charlestown Subdivision Regulations.
(h) Trails. Pedestrian circulation systems must be provided to facilitate movement within the PDD to ensure safe pedestrian access to public uses. Consideration shall be given to the preservation and connection of areas used for wildlife habitat, wildlife corridors, greenways, and recreational trails. Where sidewalks are not proposed in the PDD, trails may be required to facilitate interior pedestrian access, access to open space, and access to other interconnecting properties. Existing planned and/or platted trails from adjacent properties shall be continued and incorporated in the design of the PDD.
[1] Trail Design.
[a] Trails shall be located off street/rights-of-way wherever possible for pedestrian safety. Whenever trails are located within street/rights-of-way, the trails shall be designed to minimize pedestrian and traffic hazards.
[b] Trails shall be designed to minimize grading and scarring of the landscape and not cause erosion and drainage problems.
[2] Wildlife and Vegetation. Wildlife habitat shall be preserved as required by the Commission and State law. Noise and light sources shall be oriented away from such areas. Vegetation habitat shall be preserved or supplemented by additional landscaping to buffer and screen adjacent land uses, and buffer man-made structures on the property where necessary to protect wildlife.
(14) Restrictions and Conditions. The Commission may make such requirements, conditions, or restrictions felt to be reasonable and necessary to ensure that the proposed PDD is compatible with the existing and permitted land uses in the surrounding areas. Such conditions shall assure a proposed PDD will not adversely affect the health, safety, and welfare of the adjacent landowners and residents of the Town and be consistent with the Comprehensive Plan. Conditions may be imposed, but not limited to, to insure the proposed PDD will not result in undue traffic congestion or traffic hazards, be adequately landscaped, buffered and screened, and mitigate potent impacts on adjacent properties. As an alternative, the applicant may elect to construct additional improvements to offset potential effects of the proposed PDD.
(15) Evaluation and Approval Criteria.
(a) The Planning Commission may be flexible in its consideration of an application under this Section and shall evaluate the project with the requirements of this Section. However, nothing contained herein shall compel the Commission to approve a PDD application.
Upon review and evaluation, the Commission may consider one of the following courses of action:
[1] To request modification of the application;
[2] To approve with conditions, a PDD application to permit a number of units which is less than the maximum number permitted by conventional zoning; or
[3] To approve with conditions, a PDD application to permit a number of units which is equal to what would be permitted by conventional zoning; or
[4] To deny a PDD application.
(b) The review and evaluation of a proposed PDD and supporting materials shall include, but not be limited to the following criteria:
[1] The proposed PDD is consistent with the intent and purposes of this Section and the intent and purposes of this Ordinance.
[2] Adequate property control is established and provided to protect abutting property owner's and to define legal responsibilities for maintenance and upkeep.
[3] The interior circulation plan and the access from and onto public rights-of-way does not create congestion or dangers and is adequate for the safety of the project residents and the general public.
[4] A sufficient amount of usable open space is provided.
[5] The arrangement of buildings, structures and accessory uses does not unreasonably disturb the privacy of abutting property.
[6] The architectural design of the projects is compatible with the surrounding area.
[7] The drainage and utility system plans are adequate for the safety of the project residents and the general public.
[8] The development schedule insures a logical development of the site which will protect the public interest and conserve land.
[9] The Building Inspector has certified that the proposed principal and accessory uses will be in compliance with the provisions of the Zoning Ordinance.
[10] The PDD will provide a more beneficial use of land through the provision of interconnected open space, the conservation of environmental features, aesthetic features and harmonious design, and an energy efficient site design.
[11] Based on the information submitted, the PDD will not have a adverse impact on the surrounding area and will be in harmony and compatible with the neighborhood. Compatibility includes but is not limited to size, scale, mass, architectural design, and landscaping;
[12] The proposal complies with the minimum subdivision requirements set forth in the Town's Subdivision Regulations.
[13] The PDD will be in accordance with and further the Goals and Policies of the Town's Comprehensive Plan.
[14] The project will be served by or will provide adequate facilities including streets, recreation facilities, fire protection, water, and sanitation.
[15] The PDD will result in no significantly greater burden on present and projected public facilities and services than conventional zoning.
[16] Based upon the application submitted, that undue traffic congestion or traffic hazards will not result from the proposed PDD. The roadways, existing and proposed, are suitable and adequate to carry anticipated traffic within the proposed PDD and in the vicinity of the proposed PDD.
[17] Based on the application submitted, the development will not cause significant air, water, or noise pollution.
[18] The soil and drainage conditions are of sufficiently stable nature to support the proposed development as indicated by the State's approval of the proposed PDD sewage disposal treatment method.
[19] Fire hazards will not be created or increased and emergency vehicle access is provided.
[20] The PDD will not adversely affect any land of significant natural, historical, cultural, recreational or aesthetic value;
[21] The benefits of preservation of a larger land area is accomplished by approving a development which utilizes a smaller area.
[22] The proposed PDD, because of conditions that have been applied to it, will not be detrimental to the health, safety and general welfare of persons residing or working in the area, and will not adversely affect other property in the vicinity.
(16) Subdivisions and Other Regulations.
(a) Subdivision Approval. If subdivision review and development plan approval are required, an applicant may request that a coordinated review under this Section be carried out simultaneously provided that the application satisfies all of the requirements of the applicable Charlestown Subdivision Regulations. Public notice procedures shall follow the procedural requirements of the Charlestown Subdivision Regulations for major subdivisions. Final Plan review will be conducted subject to the provisions for major subdivision final plans in the Charlestown Subdivision Regulations. No construction or site work for a PDD shall begin until a preliminary plan of such development has been approved by the Planning Commission. Time periods for approvals shall be as stipulated in the Subdivision Regulations.
(b) Special Use Permits. In applications where special use permits are required for a proposed use in a PDD application, review and approval of the special use permit shall first be carried out by the Zoning Board of Review.
(c) Other Regulations. All other sections of this Ordinance also serve to regulate a proposed PDD, as do all provisions of Charlestown Subdivision Regulations, and the Divisions and Sections of the Municipal Code of the Town of Charlestown.
(17) Amendments. Applicants may apply for changes to approved PDD plans. Request for amendments must be submitted in writing to the Planning Commission.
(a) Minor Changes in Location, Placement and Height. Minor changes in the location, placement and height of structures may be authorized by the Commission when required by engineering or other site construction circumstances not foreseen at the time the preliminary plan was approved.
(b) Significant Change in Use, Location, Size and Height. Changes in uses, changes in locations, size, or height of structures, any rearrangement of lots, blocks and building tracts, changes in provision of common open spaces and all other such changes to approved plans may be made only after a public hearing conducted by the Commission.
(c) The amendment shall be consistent with the efficient development and preservation of the entire PDD. It shall not affect, in a substantially adverse manner, either the enjoyment of land abutting the PDD or the public interest and shall not be approved solely to confer a special benefit upon any person.
(18) Timing of Development. In order to regulate the development of new construction within a PDD and to prevent excessive development from exceeding the capacity of the Town and/or other public or private agencies to provide essential services and facilities, the Commission may require the construction to be divided into reasonable phases. If phasing is required by the Commission the following shall apply:
(a) The Commission shall grant approval of the entire site design first as a master plan. Thereafter the development plans shall be submitted for review by phases as stipulated in the Charlestown Subdivision Regulations.
(b) The master plan documents shall contain the information specified in the Charlestown Subdivision Regulations for master plan review as well as the physical limits of the phases, the schedule and sequence of public improvement installation, and the work and completion schedules for approvals and construction of the phases.
(c) The Commission may set phasing of construction in order to coordinate the generation of traffic from the PDD to schedules for completion of on-site or off-site traffic control improvements; to ensure that adequate capacity exists or will exist for provision of wastewater treatment or drinking water supplies.
(d) The Commission may also phase construction which, if developed too quickly, may create significant negative financial impacts upon critical Town services, including schools, emergency services, stormwater drainage facilities, or other services.
(e) Where mixed-use development is proposed, the Commission may also establish requirements on the amount of development of a particular land use which must be completed before other types of land uses are completed.
(f) In establishing phasing requirements, the Commission shall consider the ability of the Town, State, or other public or private agencies to provide adequate permanent services, facilities, or capacity and shall establish timing controls which regulate development according to these capacities, but do not reasonably restrict the development of the PDD according to the policies of the Comprehensive Plan and in accordance with these and other land use regulations of the Town.