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City of Cranston
City of Cranston Zoning Ordinance
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§ 17.104.030

Administration

The granting of approval of a residential planned district shall take place in the same manner as conventional subdivision approval subject to the specific requirements of this chapter.

  • A. Subdivision Approval. No part of the construction of an RPD shall begin until the plan of such development has been submitted to and granted final approval by the planning commission in accordance with the "Subdivision and Development Regulations, 1989" as amended. The developer shall submit an alternate plan for developing the site as a conventional subdivision at the pre-application and preliminary stages of the subdivision process which shall adhere to all subdivision requirements. This plan shall determine the maximum number of dwelling units allowable in the RPD unless further restricted by the requirements of subsections 17.104.020(C) and (E) of this section. In addition to those outlined herein, the planning commission may establish additional rules and regulations to govern residential planned districts (RPDs).
  • B. Preapplication Conference. The applicant shall request that the city planning department arrange a preapplication conference with the representatives of the planning department, building inspections office and city engineers office prior to submission of the preliminary subdivision. This conference shall be conducted as a working session for the purpose of reviewing the options presented by the applicant and to aid the applicant in refining the plan. Within twenty-one (21) days after the conference the city planning department shall provide the applicant with a written summary of the meeting, including recommendations designed to inform and assist the applicant in preparation of the preliminary subdivision plat.
  • C. Preliminary Submission. In addition to the requirements delineated in the city's subdivision regulations, the applicant shall submit to the planning commission the following:
    • 1. Site plan indicating the location and orientation of all structures and their proposed uses. Residential structures shall be identified by the number of dwelling units proposed for each one.
    • 2. Proposed location and treatment of any public or private common open areas including open spaces, recreation areas, buffers, pedestrian and automobile access and circulation ways.
    • 3. The general treatment proposed for the periphery of the site, including the approximate amount, location and type of buffering and/or landscaping and lighting proposed.
    • 4. The boundaries of each proposed construction phase or section, if appropriate.
  • D. Final Submission. In addition to the items listed above and the general requirements of the city's subdivision regulations, the applicant shall submit the following:
    • 1. A statement of purpose detailing how the intent of this chapter will be achieved by the proposed RPD, possibly including additional graphics, descriptions and analyses of the proposed development's impact on surrounding land uses and on existing public facilities and services.
    • 2. A narrative outline of proposed RPD stating the land use allocation by type including the acreage of land for single-family, two-family and multi-family housing, total number of lots, total dwelling units, total open space and linear footage of public and private roadway. The applicant shall also identify how necessary services will be provided and whether said services will be publicly or privately owned and operated. The applicant shall also submit an explanation of the beneficial aspects of the proposed site layout.
    • 3. A narrative explanation and description of all alterations made in the RPD plan since the preliminary submission and the reason(s) for such alterations.
  • E. Ownership of Common Open Space. The required open space shall be owned in common by all landowners in the RPD, with the exception of any land accepted by the planning commission as public open space, park or recreational land. The deed to each lot shall include a fractional interest in the common open space in an amount proportionate to the number of lots in the RPD. The deed shall also include any covenants, restrictions or easements attached to the RPD, each lot, or the common open space and any homeowner's association agreements pertaining thereto.
    • 1. Open Space Easement. Open space shall be protected against building development and environmental damage by conveying to the city an open space easement restricting all common open areas against future building and against removal of soil, trees and other natural features, except as is consistent with conservation, recreation, agricultural uses or uses accessory to permitted uses.
  • F. Homeowner's Association.
    • 1. The applicant or developer shall provide for and establish a homeowner's association as a nonprofit organization or other legal entity under the laws of Rhode Island for the use, care and maintenance of all such lands and improvements. Membership in the association shall be mandatory for all landowners within the RPD, and each owner shall be entitled to equal representation. The association shall be formed prior to conveyance of the first lot.
    • 2. Such organization shall be created by covenants and restrictions running with the land and shall be responsible for the perpetuation, maintenance and function of all common lands, uses and facilities. These covenants shall become part of the deed to each lot or parcel within the development.
    • 3. Such organization shall not be dissolved without the prior approval of the planning commission, nor shall such organization dispose of any common open space, by sale or otherwise, except to an organization conceived and organized to own and/or maintain the common open space and approved by the planning commission.
    • 4. In the event the association fails to maintain any common open space, recreation area, landscaping area or other improvements, including private roadways, drainage systems and so on, the city may enter into said development and perform the necessary work and charge the costs, including attorneys' fees to the association.

(Prior code § 30-35(c))