ARTICLE II. - PLANNED UNIT DEVELOPMENT ORDINANCE (PUD)
Part of the Code of Ordinances of Hopkinton, RI.
The text
Footnotes:
--- (2) --- Editor's note— Ch. 237, § 1, adopted July 21, 2014, repealed the former Art. II, §§ 13.5-26—13.5-44, and enacted a new Art. II as set out herein. The former Art. II pertained to similar subject matter and derived from Ch. 108, §§ I—XVIII, 11-1-90; Ch. 139, § I, 3-17-97; Ch. 145, § I, 10-2-07; Ch. 155, § I, 5-3-00; Ch. 163, § 1, 2-4-02; Ch. 183, § I, 10-4-04.
Sec. 13.5-26. - Definition of a planned unit development (PUD).#
A planned unit development is a development usually characterized by a unified site design for clustered buildings, common open space, and a mixture of building types and land uses. It permits the planning of a project and the calculation of densities over the entire development rather than on an individual lot-by-lot basis. It is a process that involves both planning board and town council review/approval wherein public officials have considerable involvement in determining the nature of the development. It includes aspects of both the land development and subdivision regulations and zoning regulations and, in Hopkinton, will be administered through a rezoning process.
Planned unit development may be used for residential complexes, shopping centers, industrial and office parks, and mixed-use developments. Planned unit development allows the unified and, hence, more desirable and attractive development of an area based upon a comprehensive site plan. There are a number of advantages over conventional "lot-by-lot" development including: mixing building types and uses to create communities; combining often unusable yard space on individual lots into larger common open spaces; offering greater opportunities to reduce building costs; lower street and utility costs resulting from reduced frontage; and maintaining the permitted density of an area while keeping desired amenities.
(Ch. 237, § 1, 7-21-14)
Sec. 13.5-27. - Purpose/objectives.#
(a)
Purpose. A planned unit development district may be established that conforms to the general pattern of land use established in the Comprehensive Community Plan for the Town of Hopkinton. Such a district is intended to encourage development of harmonious, efficient, and convenient living environments; to increase housing opportunity by providing a variety in residential types, density and site design; to encourage the preservation and conservation of unique, natural features of the site; to facilitate the economical and efficient provision of necessary community services, recreation and open space; to encourage and provide a means for desirable industrial and commercial developments which will feature variations in siting, mixed land uses and/or varied dwelling types; to preserve open space for aesthetic considerations, to provide a more efficient and economical development from the viewpoint of both the town and the developer and to encourage land use development that is responsive to the town's unique environmental resources and human needs.
(b)
Objectives:
(1)
Maximize opportunities for flexibility in the design of large developments by providing a more desirable use and arrangement than would be possible through the conventional application of ordinance requirements.
(2)
Encourage developers to protect the natural features and historic resources by providing the opportunity for more creative and flexible approaches in the development of land.
(3)
Encourage a more efficient, aesthetic and desirable use of land for recreation, conservation and open space.
(4)
Encourage and promote variety in the development of land use in the town.
(5)
Allow for efficient provision and effective use of physical improvements and municipal services relative to land use development.
(Ch. 237, § 1, 7-21-14)
Sec. 13.5-28. - Site ownership and minimum area.#
Planned unit development districts may be established on parcels of contiguous land. The site proposed for a PUD district shall be no less than: Rural Farming Residential Zone 30 acres
Neighborhood Business Zone 5 acres
Commercial Zone 5 acres
Manufacturing Zone 5 acres
The planning board and the town council may waive the minimum lot requirement if they find that property of less acreage is suitable, by virtue of its outstanding unique historical character, topography or land features, and that such waiver would be in the public interest. No PUD shall be reviewed by the planning board unless every property owner within the proposed development has signed and filed with the town, a written consent to be bound by the conditions and regulations proposed for the PUD. The applicant shall be required to produce evidence of a full ownership interest prior to final rezoning action.
(Ch. 237, § 1, 7-21-14)
Sec. 13.5-29. - Are density and dimensional requirements for a PUD district.#
(a)
Development standards for are coverage, building height, yard requirements, parking and screening for PUD uses shall be those of the town's existing zones. In no case shall uses prohibited in the town be allowed in a PUD. Standards for public improvements shall be governed by applicable ordinances of the town. If the planning board finds exceptional natural resources present on the site, then more stringent requirements may be required by the planning board in order to protect those exceptional resources. Exceptions to existing development standards may be made by the planning board only when the board finds that such exceptions are in the public interest, and encourage a more desirable living environment and are warranted in terms of the total proposed development.
(b)
The total density and building bulk of any proposed PUD may not be increased to exceed density and building requirements of the underlying zoning district.
(Ch. 237, § 1, 7-21-14)
Sec. 13.5-30. - Requirements for open space/landscaping in a PUD district.#
(a)
Minimum requirement. In a proposed planned unit development district the following shall be the minimum requirement for the provision of open space:
Business/commercial/industrial uses. Twenty (20) percent of the total area of the proposed district exclusive of the district's roads, wetlands and buffer areas as defined by the Rhode Island Fresh Water Wetlands Act, protected natural areas, areas which can be classified as unique, and slopes greater than fifteen (15) percent, shall be set aside as required permanent landscaped areas.
Residential uses. Twenty (20) percent of total area of the proposed district exclusive of the district's roads and paved areas, wetlands and buffer areas as defined by the Rhode Island Fresh Water Wetlands Act, protected natural areas, areas which can be classified as unique, and slopes greater than fifteen (15) percent, shall be set aside as permanent open space.
(b)
The open space/landscaping areas shall be one (1) or more parcels of sizes, shapes, and locations determined by the planning board to be suitable for the intended uses or purposes.
(c)
If, in the judgment of the planning board, the goals and policies of the Hopkinton Comprehensive Community Plan call for town acquisition of a portion of the proposed open space for a future community facility, recreation or conservation use, the planning board may recommend that the town council approve that said portion of open space be conveyed to the town for that purpose.
(d)
Appropriate recreational and open space easements must be conveyed to the town to ensure perpetuity.
(e)
Accesses shall be provided to each parcel of open space from streets or drives within the district. The location, width, and number of accesses so provided shall be determined by the planning board.
(Ch. 237, § 1, 7-21-14)
Sec. 13.5-31. - Streets.#
All streets in a PUD district which are intended or required for dedication to the town shall be improved in accordance with the requirements and specifications contained in the Hopkinton Land Development and Subdivision Regulations and chapter 17, streets, sidewalks and other public places of the Town of Hopkinton Code of Ordinances. The applicant may request private streets within the district. Streets, driveways, ways, and other paved areas intended to remain in private ownership shall be approved as to design and construction standards approved by the planning board.
(Ch. 237, § 1, 7-21-14)
Sec. 13.5-32. - Signs.#
Signs erected, installed or displayed in a PUD district shall conform to the requirements of section 27 of appendix A, zoning.
(Ch. 237, § 1, 7-21-14)
Sec. 13.5-33. - Planning board review of proposed PUD.#
A proposed planned unit development will be reviewed by the planning board as a major land development project under the Town of Hopkinton Land Development and Subdivision Regulations ("regulations"). There will be four (4) stages of review in the planning board: Pre-application meeting, master plan, preliminary, and final. (a)
Pre-application meeting. An applicant proposing a PUD shall have a pre-application meeting with the planning board following the submission of all materials required in the regulations' pre-application checklist. Pre-application discussion is intended for the guidance of the applicant and shall not be considered approval of a project or any of its elements. No formal action need be taken by the planning board at the pre-application meeting.
(b)
Master plan.
(1)
Master plan review shall follow the procedures in the regulations for major land development. The master plan submission must include all items on the master plan checklist, plus any additional items the planning board may require. The required public informational meeting may take the form of a joint hearing before the planning board and the town council.
(2)
Prior to approval, the planning board shall refer the master plan to other departments and agencies in accordance with the regulations for review and comment. These agencies shall review said plans and report its findings and recommendations to the planning board within forty-five (45) days of receipt of said plans.
(3)
Subsequent to planning board conditional approval of the master plan, the town planner will forward the master plan along with an advisory recommendation on the zoning change from the planning board to the town council for the purposes of setting the rezone hearing. Upon receipt of a notice of zone change from the town council, the planning board will resume the major land development project review of the proposed PUD at the preliminary stage.
(c)
Preliminary. Preliminary review shall follow the procedures in the regulations for major land development. Preliminary submissions shall include all items on the preliminary plan checklist, plus the following items unique to PUDs:
(1)
A written agreement or contract to be executed between the developer and the town stating:
a.
That in the event of failure of the owners, successors or assigns to maintain any common open space, recreation areas, landscaping features or other required improvements, the town may enter said development and perform such necessary maintenance work and charge the cost, including attorney fees to the owner, successors or assigns.
b.
That the owner, successors, or assigns will construct the development and install improvements in accordance with the approved comprehensive plan of development and the final approved site plan.
c.
That this contract shall be binding upon the heirs, assigns, successors, or receivers of the development and shall constitute a lien on the property in the development.
d.
Any other conditions required by the town council upon recommendation by the planning board.
(2)
A certificate from the tax collector of the town that all taxes due on the land within the development have been paid for the five (5) years preceding the date of filing and that there are no outstanding taxes on said land.
(3)
Copies of any existing and proposed deed restrictions or covenants running with the land in the development if any are proposed.
(4)
A description of any easements affecting land within the development and an instrument conveying any easements required as conditions of approval to the town.
(d)
Final. Submissions for final plan review shall include all items on the final plan checklist, plus any additional items the planning board may require. Final plan review shall follow the procedures in the regulations for major land development.
(e)
Findings of fact required for approval. Findings of fact required for approval of a PUD at master plan, preliminary and final shall be any required at that stage by the regulation for major land development, plus the following:
(1)
The proposed planned unit development, or given phase thereof, can be substantially completed within a time frame (to be established by the Planning Board on a case-by-case basis) commencing at the time of establishment of the PUD district.
(2)
That each individual phase of development, as well as the total development, can exist as an independent unit capable of an environment of sustained desirability and stability or that adequate assurance will be provided that such objective will be attained, 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 existing conventional zoning.
(3)
That the streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and will not generate traffic in such amounts as to over-load the street networks outside the planned unit development district unless the planned unit development includes off-site improvements which will mitigate the impacts by increased traffic use.
(4)
That any exception from standard ordinance requirements is warranted by the design and amenities incorporated in the final development plan.
(5)
That the proposed development will not have significant negative impacts on the surrounding area and that impacts on the existing environment will be mitigated as much as possible through site design and other methods, as agreed to during the development plan review process.
(6)
That the area surrounding said development can be planned and zoned in coordination and substantial compatibility with the proposed development.
(7)
That the PUD district is in conformance with the comprehensive community plan of the town.
(8)
That the existing or proposed utility services are adequate for the proposed population and uses.
(f)
Planning board approval. Planned unit development approval by the planning board; will be valid for one (1) year from approval, and shall be secured for each phase of a planned unit development district as delineated on the approved master plan. This approval may be renewed for one (1) additional year by the planning board.
(Ch. 237, § 1, 7-21-14)
Sec. 13.5-34. - Action by the town council.#
(a)
No zoning ordinance amendment to establish a PUD district shall be enacted until a master plan shall have been received, studied, and approved by the planning board in accordance with the town land development and subdivision regulations and a report made by the board to the town council.
(b)
The town council, upon receiving the recommendation from the planning board, shall hold a public hearing, which may be a joint hearing with the planning board, then make a decision on the proposed zone change. If, from the facts presented, the town council is unable to make the findings required by section 13.5-33(e), the application shall be denied.
(c)
At the time of any ordinance establishing a PUD, the town council shall make appropriate arrangements to ensure the accomplishment, at the scheduled times, of the public improvements and grants of easement shown on the approved development plan.
(d)
If the zoning official certifies that no development has occurred in the planned unit development district within one (1) year after the district is created, the property shall revert to its original zoning classification prior to the establishment of the planned unit development district. The PUD zone approval may be renewed for one (1) additional year by the town council.
(e)
The town council may require any additional information prior to decision.
(Ch. 237, § 1, 7-21-14)
Sec. 13.5-35. - Amendment to an approved PUD district.#
An applicant, who wants to amend an approved final development plan, shall submit a written request to the planning board. If, in the opinion of the town planner, a request qualifies as a major change under the subdivision regulations, the planning board shall require the submission of an amended development plan. Major changes in a final development plan shall be referred to the town council if there is a need for a zone change or if the changes requested are inconsistent with the original zone change.
(Ch. 237, § 1, 7-21-14)
Sec. 13.5-36. - Fees.#
(a)
The applicant shall submit fees payable to the Town of Hopkinton that are required for planning board review of major land development projects.
(b)
The cost of any specialized studies ordered by the town council or planning board, will be borne by the applicant.
(Ch. 237, § 1, 7-21-14)
Sec. 13.5-37. - Established planned unit developments.#
PUD Date
Fenner Hill Golf Club, LLC
(Plat 15, Lot 9) 10-2-97
Wood River Golf Development 5-3-00
Pleasant View Estates 2-4-02
Fenner Hill Golf Club, LLC
(Plat 15, Lot 8) 10-4-04