§ 12.2

Planned Residential Development Overlay District

The Planned Residential Development Overlay District is hereby established to permit the flexible development of large tracts of residentially zoned land in order to encourage harmonious, efficient and convenient living environments and communities; to increase housing opportunities by increasing the variety of residential types, density and design; to facilitate the economical and efficient provision of necessary community services, recreation and open space; to preserve features and sites of natural, ecological and historical interest; to encourage innovative residential designs; and to promote the health, safety and welfare of the residents of Woonsocket. This overlay district shall include all undeveloped parcels of land which are equal to or greater than ten (10) acres in size and which are located within the R-1 and/or R-2 districts. For the purposes of subdivision and/or development, all land within the Planned Residential Development Overlay District may be regulated by either the requirements of the district in which they are located or the requirements of this overlay district.

12.2-1 Eligibility. Proposals may be eligible for consideration as planned residential developments only upon demonstration that such development will be in the best interests of the residents of Woonsocket. Said demonstration shall be made by the planning board upon consideration of the following factors:

(1) Compliance with the comprehensive plan;

(2) Estimated amount of taxes to be provided to the city;

(2.1) Extent of services and facilities to be required by the development, and capacity of the city to provide the same;

(2.2) Preservation of open space and features of unique natural, ecological, or historical interest;

(3) Quality of residential design features;

(4) Diversification of housing choices; and

(5) Benefits to the surrounding

neighborhood.

12.2-2 Land Unsuitable for Development. In order to calculate the maximum density permitted in a residential planned development, the following land shall be determined by the planning board to be unsuitable for development:

(1) Any wetlands, as defined in 2-1-14 and 2-1-20 of the General Laws of Rhode Island and in any rules or regulations adopted pursuant thereto, but excluding land encompassed by any setback requirements as set forth therein;

(2) Any land located within the Flood Hazard Zones "A" and "B" shown on those maps entitled, "Flood Insurance Rate Map City of Woonsocket, Rhode Island, Providence County, Community Panel Number 445411 00013, map revised January 6, 1982, Federal Emergency Management Agency" as amended;

(3) Any stream areas and/or bodies of water;

(4) Any areas with slopes in excess of fifteen (15) percent; and

(5) Any unusual or undevelopable land formations.

12.2-3 Density Requirements. Single-family attached and/or single-family detached residential development may be permitted at an increased density on a portion of a parcel within this overlay district only if a sufficient amount of open space is set aside within the same parcel so that the average residential density of the parcel as a whole does not exceed that permitted by the regulations of the zoning district or districts in which the planned residential development is located. The maximum number of dwelling units in a planned residential development shall not exceed the number computed in accordance with the following procedure:

(1) All acreage which is unsuitable for development, as hereinabove defined, shall first be deducted from the tract proposed for development.

(2) Twenty (20) percent of the tract's gross area, or in the alternative, the actual area of any street right-of-way designed for the development in accordance with planning board approval, shall be subtracted as an allowance for streets.

(3) The remaining acreage shall be divided by the minimum lot size permitted by the regulations pertaining to the zoning district in which the parcel is located.
(4) The resulting figure shall be rounded down to the nearest whole number.

12.2-4 Homeowners' Association. The developer of a planned residential development shall create a homeowners' association which shall include as its members all owners of dwelling units within the planned residential development. Said homeowners' association shall be established in accordance with all applicable local, state and federal laws, and shall have, by virtue of its rules or bylaws, the power to assess dues and/or fees sufficient to cover the cost of maintenance of the common open space, and of any improvements thereon, in accordance with all applicable local, state and federal laws.

12.2-5 Perimeter Buffer. There shall be a buffer of open space around the entire perimeter of the planned residential development. Said buffer shall be at least two (2) times as wide as the minimum required rear yard setback for single-family dwellings in the zoning district in which the adjoining land is located. If the planned residential development adjoins a commercial or industrial district, the perimeter buffer shall be a minimum of one hundred (100) feet. The perimeter buffer may include land which has been determined by the planning board to be unsuitable for development. No buildings or structures, or portions thereof, shall be built within the perimeter buffer, except that fencing may be permitted upon the approval of the planning board. The perimeter buffer may be reduced or waived, in whole or in part, by the planning board only where the adjacent land is a publicly or privately owned park or conservation area.

12.2-6 Common Open Space. A substantial portion of the land involved in any planned residential development must consist of common open space, the use of which shall be limited to conservation, preservation, reforestation, agriculture, non-commercial recreation, and any structures and uses accessory to the aforementioned which may be approved by the planning board. All common open space shall be reserved for the use of the present and future owners, lessees, sublessees and residents of the planned residential development, and their nonpaying guests, except that in cases where both the developer and the planning board agree, access shall be provided for the public.

12.2-6.1 Specific Requirements. Common open space shall be provided as set forth below, and according to such additional restrictions as may be imposed by the planning board and city council in a particular residential planned development.

(1) In addition to the open space required for the perimeter buffer, at least twenty (20) percent of the gross area of the land involved in any planned residential development shall be set aside as contiguous common open space.

(2) A minimum of fifty (50) percent of required common open space may be composed of land determined by the planning board to be unsuitable for development.

(3) A maximum of twenty (20) percent of required common open space may be devoted to structures or impervious surfaces, and no structure or impervious surface shall be located within the required common open space unless directly related to a permitted use as hereinabove defined.

(4) Access to the required common open space shall be made available through the provision of a sufficient number of clearly marked access corridors, each with a minimum width of fifteen (15) feet, and composed of appropriate materials approved by the planning board.

(5) Strips of common land between residential buildings, streets, or drives shall not be counted toward the minimum percentage of common open space, but may be used as access corridors to said common open space.

12.2-6.2 Ownership of Common Open Space. Common open space shall be owned jointly by the owners of all dwelling units within the planned residential development, in conformance with all applicable local, state and federal laws, such that the ownership interest in any dwelling unit shall be inseparable from the ownership interest in the common open space. In addition, common open space shall be protected against future development and environmental damage by conveying to the city an easement over such common open space, restricting any development or use of the common open space, except as provided hereinabove.

12.2-6.3 Management of Common Open Space. The management and maintenance of all common open space shall be the full responsibility of the homeowners' association for the planned residential development. The homeowners' association shall enter into a professional maintenance contract for the maintenance of all common open space and facilities with a professional maintenance contractor who shall be regularly engaged in the maintenance business. In the event of a failure or neglect of the homeowners' association to comply with any city code or ordinance, the city may enforce such code or ordinance as authorized. In no event does this ordinance obligate the City of Woonsocket to become involved with the maintenance of common open space.

12.2-7 Private Drives. The planning board and city council may allow the use of private drives to service a planned residential development in combination with, or in place of, public streets. The construction of said private drives shall be subject to the inspection and approval of the division engineer. No maintenance or trash removal services shall be provided by the city on any private drive.

12.2-8 Setback Requirements. Single-family attached or detached dwelling units may be sited in arrangements that allow for lesser setbacks than required under the regulations of the zoning district or districts in which the planned residential development is located. However, all structures in planned residential developments shall have minimum front setbacks from public roads and/or private drives as set forth below. All structures located on corner or through lots shall maintain required setbacks from each road and/or drive.

(1) Twenty-five (25) feet from the right-of-way line of any subdivision road or private drive;

(2) Thirty-five (35) feet from the right-of-way line of any collector road;

(3) Fifty (50) feet from the right-of-way line of any arterial road; and

(4) Two hundred (200) feet from the right-of-way line of any limited access or divided highway.

12.2-9 Criteria for Attached Dwelling Units. The following criteria shall apply to the placement and arrangement of attached dwelling units:

(1) No more than eight (8) dwelling units shall be located in any one building;

(2) No more than four (4) contiguous dwelling units in any building shall have the same or approximately the same front building line;

(3) The minimum distance between any two (2) buildings which are substantially parallel to each other shall be one hundred (100) feet.

(4) The minimum distance between any two (2) abutting ends of buildings in the same general plane shall be fifty (50) feet, unless the walls of both abutting ends contain no windows to serve habitable rooms, in which case the minimum distance shall be thirty (30) feet.

12.2-10 Obstructions to Visibility. No wall, fence or other structure shall be erected and no hedge, tree, shrub or other growth shall be maintained in such a location as to obstruct the view from a vehicle traveling on any road or drive.

12.2-11 Preliminary Plat Submittal Requirements. A preliminary plat shall be filed with the department of planning and development for consideration by the planning board and city council. Said plat shall contain the following:

12.2-11.1 Plat. A plat of a scale not smaller than forty (40) feet to the inch, shall be included as part of the preliminary plat submission, which shall be prepared by a registered land surveyor or by a registered professional engineer, as appropriate under the requirements established by the State of Rhode Island for each class, and which shall include without limitation the following:

(1) The title under which the proposed plat is to be recorded, with the name and stamp of the registered land surveyor under whose supervision the plat was prepared;

(2) The present zoning classification of all parcels contained in said plat;

(3) The location of all existing property lines, streets, alleys, buildings, watercourses, railroads, utilities, and public spaces;

(4) The location and names of all adjacent subdivisions, streets, alleys, watercourses, railroads, utilities and public spaces on immediately adjoining properties;

(5) The location and dimensions, by metes and bounds, of all proposed streets, alleys, easements and lot lines;

(6) Existing and proposed contour data for the entire parcel, at two-foot intervals;

(7) The existing drainage pattern, including swampland, state designated wetlands, low wetlands, and natural water channels;

(8) The proposed drainage pattern, including all storm drainage, sanitary sewer and water connections with the city's system and designation as to the responsibility for future maintenance of such connections. Such designation shall be incorporated into the records of land evidence of the City of Woonsocket;

(9) The location and demarcation of all proposed open space to be designated in common ownership:

(10) The location and demarcation of all parcels of land proposed to be dedicated to public use, if any, and the conditions of such dedication;

(11) A statement acknowledging that the plat, which the city council and planning board approve, shall not be materially altered in a size or scope and that if, such material alterations are proposed, city council and planning board approval shall be necessary to proceed with the plan; and

(12) The date upon which the plat is submitted.

12.2-11.2 Locus Map. A map drawn of suitable scale, showing the location of the plat in relation to its surrounding area shall be included as part of the preliminary plat submission. This map should include enough information to permit the ready and convenient location of the plat.

12.2-11.3 List of Abutters. A list of the names and post office addresses of the owners of all parcels contained in the plat, and of all abutting owners, shall be included as part of the preliminary plat submission.

12.2-11.4 Site Plan. A site plan of a scale not smaller than forty (40) feet to the inch, shall be included as part of the preliminary plat submission, which shall be prepared by a registered land surveyor or by a registered professional engineer, as appropriate under the requirements established by the State of Rhode Island for each class, and which shall include without limitation the following:

(1) The outline and location of all proposed dwelling units with an indication of the number of bedrooms per unit;

(2) A statement of the total number of dwelling units;
(3) The outline and location of all accessory buildings, including garages and utility sheds;

(4) The outline and location of all recreational and leisure facilities; and

(5) The date upon which the site plan is submitted.

12.2-11.5 Exterior Elevations. Exterior elevations of the proposed dwelling units and all common facilities, developed and stamped by a registered Rhode Island architect, shall be included as part of the preliminary plat submission.

12.2-11.6 Comprehensive Development Plan. A comprehensive development plan shall be included as part of the preliminary plat submission. Said plan shall include detailed information on the scope and timing of all phases. There shall be no more than three (3) workable phases in the total plan. Each workable phase shall include the construction of a similar proportion of dwelling units and common facilities. A workable phase shall consist of an entire residential planned development which meets the density and open space requirements of this ordinance. The division of any residential planned development into workable phases shall be approved by the city council during the preliminary approval stage.

12.2-11.7 Traffic Plan. A traffic circulation plan and traffic impact analysis prepared by a registered engineer experienced in traffic engineering shall be included as part of the preliminary plat submission for projects having a total development potential of twenty-five (25) units or more. Such plan and analysis shall cite the local street network capacity, project the increased traffic generated from the proposed development, and provide alternative methods of accommodating such traffic when necessary.

12.2-11.8 Conventional Subdivision Plan. The developer may also present a conventional subdivision plan to the planning board in accordance with the ordinance of Real Estate Subdivision, City of Woonsocket, Rhode Island, for consideration in the event that the planned residential development proposal does not receive approval.

12.2-12 Consideration of Preliminary Plat. A joint public hearing shall be held by the planning board and city council to consider a complete preliminary plat submission rendered in proper form in accordance with the provisions of this ordinance. Within thirty (30) days of such public hearing, the planning board shall render a decision on said preliminary plat, if approved by the planning board, said preliminary plat shall require concurring approval by the city council.

12.2-13 Duration of Preliminary Plat Approval. If a preliminary plat has been given approval by both the planning board and city council, such approval shall become null and void after the expiration of one (1) year following the date of approval by the city council, unless a complete final plat plan rendered in proper form in accordance with the provisions of this ordinance has been filed with, and accepted by, the planning board before the expiration of the one-year period or unless an extension of time has been applied for and granted by the city council.

12.2-14 Final Plat Requirements. No construction of a planned residential development shall begin, including any type of earth moving or vegetative removal, until the final plat for such development has been given approval by both the planning board and city council, and recorded in the office of the city clerk, except that construction necessary for the completion of required public improvements as a prerequisite to final plat approval may be undertaken following the approval and recording of the preliminary plat for the planned residential development in the office of the city clerk. A final plat shall be filed with the department of planning and development for consideration by the planning board and city council. Said plat shall conform to the requirements of the City of Woonsocket's Real Estate Subdivision Ordinance, and shall contain updated and/or revised versions of each of the items specified above as preliminary plat requirements, as well as the following:

12.2-14.1 Architectural Plans and Specifications. A full set of architectural plans and definitive specifications, developed and stamped by a registered Rhode Island architect, shall be included as part of the final plat submission.

12.2-14.2 Guaranty of Performance. To assure that all proposed improvements designated for future public use shall be satisfactorily completed, a cash guaranty shall be provided to the City of Woonsocket to be placed in an escrow account. The total amount of the cash guaranty shall be set by the planning board based upon the estimated cost of completion of said improvements. The planning board shall have the authority to grant release of funds from the escrow account upon the completion of portions of said improvements, and shall obtain verification of completed improvements from the director of public works, whenever a reduction or release of the escrow account is requested. In no case, however, shall the planning board allow the reduction of the account below twenty-five (25) percent of the original amount until such time as the specified improvements are one hundred (100) percent complete as approved by the director of public works. As an alternative to providing the above cash guaranty, the developer may complete and have accepted for public use by the city council, all proposed improvements prior to granting of final plat approval.

12.2-14.3 Easements. Deeds to any and all easements in favor of the city concerning common open space included as part of the final plat submission.

12.2-14.4 Rules, Regulations and Bylaws. Rules, regulations and bylaws which establish a homeowners' association, its powers, rights and duties, and the details of the ownership structure shall be included as part of the final plat submission. Such rules and bylaws shall be reviewed by the city solicitor for conformance to applicable local, state and federal law. The homeowners association shall be organized and function in accordance with rules or bylaws which shall be satisfactory in form and substance to the planning board and which shall be recorded in the records of land evidence in the office of the city clerk with the other documents pertaining to the development.

12.2-15 Consideration of Final Plat. A joint public hearing shall be held by the planning board and city council to consider a complete final plat submission rendered in proper form in accordance with the provisions of this ordinance. Within thirty (30) days of such public hearing, the planning board shall render a decision on said final plat. If approved by the planning board, said final plat shall require concurring approval by the city council.

12.2-16 Duration of Final Plat Approval. If a final plat has been given approval by both the planning board and city council, such approval shall become null and void after the expiration of thirty (30) days following the date of approval by the city council, unless said plat has been recorded with the records of land evidence in the office of the city clerk, the planning board before the expiration of the one-year period or unless an extension of time has been applied for and granted by the city council.

12.2-17 Failure to Begin Development. The developer must begin and substantially complete the planned residential development within two (2) years from the time of final plat approval by the city council. If the planned residential development is to be constructed in two (2) or more phases, the developer must begin and substantially complete the development of the first phase within eighteen (18) months of said final approval, and must begin and substantially complete the development of each subsequent phase within eighteen (18) months of completion of each preceding phase. The planning board, upon showing of good cause by the developer, may extend for periods of six (6) months the time for completion of any phase. For purposes of this subsection, "substantially completed" means the completion of at least eighty (80) percent of the full development.

12.2-18 Appeals. Appeals to the city council, acting as the subdivision board of review, may be taken by an applicant whose preliminary or final plat has been rejected by the planning board by filing a statement of appeal within thirty (30) days after the final action on such plat by the planning board.

12.2-19 Amendment Procedure. The planning board chairman shall notify the full city council within twenty-four (24) hours of the receipt of any request for amendment of a preliminary or final plat approval. Unless an objection is received from any council member within three (3) days, formal city council ratification of said amendment by resolution shall not be required in making a determination on whether or not a change in a planned residential development constitutes a material alteration.