§ 340-107
Application and approval process
- A. Any Planned District and/or Planned Mixed Use Development application involving one or more lots, tracts, or parcels of land that are to be developed or redeveloped as a coordinated site for a complex of uses, units, or structures, which may include, but are not limited to, planned development and/or cluster development for residential or mixed residential-business use, shall be defined as a major land development project and shall also require Planning Board approval in accordance with Rhode Island General Laws Title 45, Chapter 23, and the Johnston Land Development and Subdivision Review Regulations, including those provisions for appeal and judicial review, whether or not the land development project constitutes a subdivision under such provisions.
Editor's Note: See the current Subdivision Regulations on file in the Town offices.
- B. Preapplication conference. At the request of either the Planning Board or the applicant, a preapplication conference with the Planning Board shall be held to:
- (1) Acquaint the applicant with the Johnston Comprehensive Community Plan and any specific plans that apply to the parcel, as well as the Zoning Ordinance and other ordinances that affect the proposed development;
- (2) Suggest improvements to the proposed design on the basis of a review of the sketch plan;
- (3) Advise the applicant to consult appropriate authorities on the character and placement of public utility services; and
- (4) Help the applicant to understand the steps to be taken to receive approval.
- C. A site plan shall be submitted in accordance with § 340-94 for any Zoning Map amendment advisory opinion to the Town Council.
- D. Site plan requirements: The developer shall submit at least four copies of a site plan for Planning Board review. Such plan shall be prepared and stamped by a registered professional land surveyor and a registered professional engineer. The site plan shall include the following:
- (1) Proposed name of the development;
- (2) Location by metes and bounds description;
- (3) Name and address of the applicant and designer of the plan;
- (4) Scale of plan: one inch equals 10 feet;
- (5) Date, North arrow, contours at two-foot intervals;
- (6) Boundary line of the development indicated by a solid line, and the total acreage encompassed thereby;
- (7) Location, widths and names of all existing and prior platted streets, pavements, curbs, utility poles, railroad and utility rights-of-way, parks and other public open spaces, permanent buildings and structures, houses or permanent easements, and section and municipal boundary lines on or within 500 feet of the development;
- (8) Existing sewers, water mains, culverts, catch basins, hydrants and other underground facilities within the tract, indicating pipe sizes, grades, manholes and location;
- (9) Proposed location, arrangement, and dimensions of automobile parking spaces, width of bays, angle of parking;
- (10) Proposed location and dimensions of vehicular drives, entrances, exits, walks, and walkways;
- (11) Proposed drainage system, sanitary sewer, hydrants, water line and other utilities;
- (12) Proposed location, height and materials of walls, fences and screen plantings;
- (13) Proposed ground cover, finished grades, slopes, banks and ditches;
- (14) Location, proposed use and general exterior dimensions of principal and accessory buildings and signs;
- (15) The stages, if any, to be followed in the construction of development;
- (16) A comprehensive plan for the development of the abutting land, if any, owned by the developer;
- (17) Test boring data, at least one fifteen-foot for every four acres of land;
- (18) Typical street cross-sections;
- (19) Proposed parks, playgrounds, and other open spaces, if any;
- (20) Total number of dwelling units in the proposed development and the overall density;
- (21) Percentage of the area to be devoted to roadways;
- (22) Percentage of the area to be devoted to parks, playgrounds and other common facilities;
- (23) Percentage of area covered by buildings;
- (24) Identification of wetlands (including buffer) and slopes steeper than 8%; identification of percentage of net buildable area; and
- (25) Any other items deemed necessary by the Planning Board.
- E. Review guidelines. The Planning Board may recommend the establishment of a Planned District to the Town Council, provided that the facts submitted with the application and presented to the Planning Board establish that:
- (1) The site plan for the Planned District is consistent with the purpose, requirements, permitted use, design, density, dimensional regulations, affordable housing objectives, open space requirements, and related criteria established for such Planned District.
- (2) Reasonable conditions have been imposed, where necessary, to mitigate any adverse impacts of the proposed Planned District, particularly:
- (a) That the proposed Planned District, or given phase thereof, can be substantially completed within four years of the establishment of the Planned District;
- (b) That each individual phase of development, as well as the total development, can exist as an independent phase capable of creating an environment of sustained desirability and stability or that adequate assurance will be provided that such objective will be attained; before any clearing or site disturbance for subsequent phases of development, an erosion control permit shall be obtained, required drainage improvements shall be implemented, and the site shall be stabilized (No stockpiling of material shall be permitted.);
- (c) 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;
- (d) 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 network outside the Planned District, especially in residential neighborhoods;
- (e) That any proposed commercial development, where allowed, can be justified economically at the location proposed to provide for adequate commercial facilities of the types proposed;
- (f) That any exception from standard ordinance requirements is warranted by the design and amenities incorporated in the general development plan;
- (g) That the area surrounding said development can be planned and zoned in coordination and substantial compatibility with the proposed development;
- (h) That the Planned District is in conformance with the general plan of the Johnston Comprehensive Plan; and
- (i) That existing or proposed utility services are adequate for the population densities proposed.
- F. Required documents. If residential uses that provide for common open space are included in the Planned District, the following documents shall be submitted with the site plan:
- (1) An agreement between the developer and the Town of Johnston stating, among other things:
- (a) That in the event of failure or neglect on the part of the owners, successors, or assigns to maintain the common open space areas, landscaping and other improvements in good condition, the Town may perform the necessary work and for that purpose may enter upon the land and do said work and charge the cost thereof, including reasonable attorneys' fees, against the owners, successors or assigns.
- (b) That the developer will construct the project in accordance with the approved plans.
- (c) That the contract shall be binding upon the heirs, assigns, receivers or successors of the project and shall be a lien upon the property.
- (d) Any other conditions the Planning Board deems reasonably necessary to carry out the intent of the Planned District.
- (2) The following items shall also be submitted:
- (a) Certification from the Johnston Tax Collector that all taxes due on the land described in the Planned District have been paid for five years preceding the date of filing and that there are no outstanding tax liens thereon.
- (b) Copies of existing and proposed deed restrictions and protective covenants to run with the land in the Planned District if such exist or are proposed.
- (c) A statement by the applicant describing any easements and the conditions thereof to the Planning Board.
- (1) An agreement between the developer and the Town of Johnston stating, among other things:
- G. Action on site plan. Not more than 30 days after the close of the hearing on the site plan, the Planning Board shall determine whether the proposed development complies with all requirements of this article, and shall:
- (1) Notify the applicant, in writing, how the plan must be amended to comply with the requirements of this article; or
- (2) Notify the applicant, in writing, that the plan does not comply with the requirements of this article.
- H. Change of approved site plan. If the applicant wants to make any amendment to an approved site 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 site plan. The procedure for the consideration of such written request or of such amended site plan shall be the same as that for consideration of a site plan under § 340-93.
- I. Filing fees. Application for a Planned District designation approval from the Town Council shall be accompanied by all fees required by law.