Land development projects
(a) Applications. Applications for uses permitted as a land development project in section 38-191 and applications which are filed under the provisions of article V or article VI of chapter 32 shall be reviewed in accordance with the procedures established by G.L. § 45-23, including those for appeal and judicial review, and with any ordinances or regulations adopted pursuant to the procedures, whether or not the land development project constitutes a "subdivision," as defined in G.L. § 45-23.
A residential or commercial project meeting the criteria for a minor land development as listed in G.L. § 45-23-32(19)(i) shall be reviewed as a minor land development project. Pursuant to G.L. § 45-23-32(19)(ii), a residential project that exceeds the criteria for a minor land development project as listed in G.L. § 45-23-32(19)(i) shall be reviewed as a major land development project. Pursuant to G.L. § 45-23-32(9), a commercial project which exceeds the criteria for a minor land development project as listed in G.L. § 45-23-32(19)(i) shall be reviewed as a formal or administrative development plan review, whichever is applicable.
All land development projects exceeding a single family residence, and/or projects for multiple uses, units, or structures shall be subject to the regulations of this section. Comprehensive permit applications shall be reviewed under article X of chapter 32 and shall be subject to the regulations of this section. Density bonuses associated with comprehensive permit applications are found in subsection (e) of this section.
(b) Commencement of work, authority to grant zoning incentives. No land development project shall be initiated until a plan of the project has been submitted to the planning board or administrative officer and approval has been granted by the planning board or administrative officer. In reviewing, hearing, and deciding upon a land development project, the planning board or administrative officer is empowered to allow zoning incentives within the project as are described in this section and is empowered to apply any special conditions and stipulations to the approval that may, in the opinion of the planning board or administrative officer, be required to maintain harmony with neighboring uses and promote the objectives and purposes of the comprehensive plan and zoning ordinance.
(c) Applications subject to regulations of this section. Unless otherwise specified in this chapter, review of developments of multifamily residential structures and/or projects for multiple uses, units, or structures shall be reviewed under the regulations of this section.
(d) Regulations.
(1) Permitted uses within a land development exceeding a single-family residence. Permitted uses within a land development exceeding a single-family residence that is not filed as a comprehensive permit application shall be as follows:
a. Multi-family structure(s), multi-lot subdivisions, and/or projects for multiple uses, units, or structures, uses of land specified in section 38-191 and several accessory uses may be permitted. "Accessory uses" may include indoor and outdoor parking facilities and most ordinary residential uses, office uses, restaurant and entertainment uses, retail uses, storage uses, recreational uses, home occupations and, professional offices.
(2) Number of commercial uses—Mixed use. There shall not be more than three nonresidential uses in any mixed use development.
(3) Roads. After August 1, 2024, all roads created or extended by subdivision or land development shall be privately created, owned and maintained. See articles VII and IX of chapter 32.
(e) Density bonuses.
(1) Senior citizen group dwellings—Building coverage. For senior citizen group dwellings located on properties not connected to either public water or sewer or both, but which provide competent evidence as to the availability of water to service the development and/or a permit for on-site wastewater treatment facilities to service the dwelling units from the applicable state agency, the maximum building coverage shall be increased to 25 percent of the lot size in any district which permits senior citizen group dwellings if any unit in the development is an "affordable housing" unit as defined in G.L. § 42-128-8.1, or, in the case of a comprehensive permit application, the maximum building coverage shall be afforded the density bonus per acre listed in subsection 32-316(2)(3)(4) as is applicable.
(2) Comprehensive permit density bonuses. Multi-unit residential or mixed use structures shall be allowed a density bonus of up to a minimum of three units per acre and a maximum of eight units per acre for LMI housing as approved by RI DEM based on the soils. See subsection 32-316(2)(3)(4).
(3) Comprehensive permit zoning incentives. See subsection 32-316(5)(6)(7) for parking, bedrooms and floor area zoning incentives.
(4) Residential compound density bonus. For residential compounds, a compound shall include not more than three single-family dwelling units having frontage in common on a public or private road or roads and sharing a driveway held in common. Two additional units that meet the definition of LMI may be added for a total of five units within the compound.
(f) Special conditions. The planning board or administrative officer shall be empowered to apply any special conditions and stipulations to the approval that may, in the opinion of the planning board or administrative officer, be required to maintain harmony with neighboring uses and promote the objectives and purposes of this chapter or chapter 32. Failure to abide by any special conditions attached to a grant shall constitute a zoning violation. Such special conditions shall be based on competent credible evidence on the record, shall be incorporated into the decision, and may include, but are not limited to, provisions for:
(1) Minimizing adverse impact of the development upon other land, including the type, intensity, design and performance of activities;
(2) Controlling the sequence of development, including when it must be commenced and completed;
(3) Controlling the duration of use or development and the time within which any temporary structure must be removed;
(4) Ensuring satisfactory installation and maintenance of required public improvements;
(5) Designating the exact location and nature of development; and
(6) Establishing detailed records by submission of drawings, maps, plats or specifications.
(g) Uses in HC2 district. Any use reviewed as a land development project which is located in the HC2 district shall be subject to all applicable subsections under section 38-358, including, but not limited to, subsection 38-358(5), environmental impact and design standards.
(h) Extension or enlargement. The planning board may not extend or enlarge a land development project approval except by granting a new land development project approval.
(i) Dedication of open space for public or common use. See section 32-110 for requirements regarding dedication of land for public purposes.
(j) Options for open space for public or common use. Where a fee-in-lieu of land dedication pursuant to subsection 32-110(e) is not paid, open space within a land development project for public or common use shall:
(1) Be conveyed to the city or town and accepted by it for park, open space, agricultural, or other specified use or uses; or
(2) Be conveyed to a nonprofit organization, the principal purpose of which is the conservation of open space or resource protection; or
(3) 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.
(k) Land dedicated for public or common use not dedicated to the town. Where a fee-in-lieu of land dedication pursuant to subsection 32-110(e) is not paid and where land is not conveyed to the town:
(1) A restriction, in perpetuity, enforceable by the town or by any owner of property in the land development project in which the land is located shall be recorded providing that the land is kept in the authorized condition(s) and not built upon or developed for accessory uses such as parking or roadway; and
(2) The developmental rights and other conservation easements on the land may be held, in perpetuity, by a nonprofit organization, the principal purpose of which is the conservation of open space or resource protection.
(l) All open space land provided by a land development project shall be subject to a community approved management plan that will specify the permitted uses for the open space.
(m) Applications requesting relief from the zoning ordinance. Applications requesting relief from the zoning ordinance in the form of a special use permit or a variance shall be reviewed by the planning board, pursuant to section 32-46 and section 38-325.
(n) Additional site plan requirements.
(1) Existing and proposed planting, landscaping and screening, which shall show the location, dimension and arrangement of all open spaces and yards, including type and size of planting materials, methods to be employed for screening and proposed grades and a plan for maintenance;
(2) Location, type, size and dimension of existing trees, rock masses and other natural features with designations as to which features will be retained;
(3) Dimension and location of existing and proposed buildings and structures;
(4) Existing topography, including any proposed grade changes;
(5) Parking areas and facilities, traffic circulation, driveways, loading areas, access and egress points;
(6) Storm drainage, including direction of flow and means of ultimate disposal. Stormwater drainage runoff calculations used for the drainage system design shall be prepared by a registered professional engineer and must support the sizing of all drainage structures and pipes and demonstrate compliance with the Stormwater Management, Design, and Installation Rules (250-RICR-150-10-8) adopted and as amended from time to time by the Rhode Island Department of Environmental Management;
(7) Provisions for sanitary sewerage and water supply, including fire protection measures;
(8) Location of all utilities, signage, outdoor storage and trash disposal areas;
(9) Location and description of any proposed disturbance to existing vegetation, or alteration of natural or historic features, which are proposed in relation to temporary access, utility installation, or other aspects of construction, including provisions for site restoration.
(o) Additional items to consider. Items to be considered when evaluating a land development project include, but are not limited to, the following:
(1) The desired use will not be detrimental to the intent of the planned development or to the surrounding area;
(2) It will be compatible with existing and proposed uses within the planned development, as well as neighboring land uses;
(3) It will not create a nuisance or a hazard in the neighborhood;
(4) Adequate protection is afforded to the surrounding properties by the use of open space and plantings, or by decorative fencing;
(5) Safe vehicular access and adequate parking are provided, and use of pervious surfaces is encouraged;
(6) Control of noise, smoke, odors, lighting, and any other objectionable feature is provided;
(7) Solar rights of the abutters are provided for;
(8) Architectural compatibility within the development and with the surrounding area is illustrated;
(9) The proposed conditional use will be in conformance with the purpose and intent of the comprehensive plan and the zoning ordinance of the Town of Foster;
(10) The health, safety, and welfare of the community are protected;
(11) Shared parking/curb cuts or joint use is encouraged, and for some uses may be required, where it is likely that occupants of a vehicle would visit more than one use within a development before departing;
(12) Certain parking requirements may be waived, provided that adequate and safe parking is still provided;
(13) Applicant shall demonstrate how the development will utilize shared parking and shall show all calculations for such parking on the proposed site plan as required under the Foster zoning ordinance for such parking.
(p) Commencement of construction/project; vested rights—Substantial completion. Construction/project shall start within 12 months of the date of recording. Construction shall be completed within 60 months of the date of recording.
(Ord. of 2-22-2024(23))