§ 45-24-47 Special provisions – Landdevelopment projects. – (a) A zoning ordinance may provide for land development projects which areprojects in which one or more lots, tracts, or parcels of land are to bedeveloped or redeveloped as a coordinated site for a complex of uses, units, orstructures, including, but not limited to, planned development and/or clusterdevelopment for residential, commercial, institutional, industrial,recreational, open space, and/or mixed uses as may be provided for in thezoning ordinance.
(b) A zoning ordinance adopted pursuant to this chapter whichpermits or requires the creation of land development projects in one or morezoning districts shall require that any land development project is referred tothe city or town planning board or commission for approval, in accordance withthe procedures established by chapter 23 of this title, including those forappeal and judicial review, and with any ordinances or regulations adoptedpursuant to the procedures, whether or not the land development projectconstitutes a "subdivision", as defined in chapter 23 of this title. No landdevelopment project shall be initiated until a plan of the project has beensubmitted to the planning board or commission and approval has been granted bythe planning board or commission. In reviewing, hearing, and deciding upon aland development project, the city or town planning board or commission may beempowered to allow zoning incentives within the project; provided, thatstandards for the adjustments are described in the zoning ordinance, and may beempowered to apply any special conditions and stipulations to the approval thatmay, in the opinion of the planning board or commission, be required tomaintain harmony with neighboring uses and promote the objectives and purposesof the comprehensive plan and zoning ordinance.
(c) In regulating land development projects, an ordinanceadopted pursuant to this chapter may include, but is not limited to,regulations governing the following:
(1) A minimum area or site size for a land developmentproject;
(2) Uses to be permitted within the development;
(3) Ratios of residential to nonresidential uses whereapplicable;
(4) Maximum density per lot and maximum density for theentire development, with provisions for adjustment of applicable lot densityand dimensional standards where open space is to be permanently set aside forpublic or common use, and/or where the physical characteristics, location, orsize of the site require an adjustment, and/or where the location, size, andtype of housing, commercial, industrial, or other use require an adjustment,and/or where housing for low and moderate income families is to be provided, orwhere other amenities not ordinarily required are provided, as stipulated inthe zoning ordinance. Provision may be made for adjustment of applicable lotdensity and dimensional standards for payment or donation of other land orfacilities in lieu of an on-site provision of an amenity that would, ifprovided on-site, enable an adjustment;
(5) Roads, driveways, utilities, parking, and otherfacilities; regulations may distinguish between those facilities intended toremain in private ownership or to be dedicated to the public; and
(6) Buffer areas, landscaping, screening, and shading.
(d) A zoning ordinance requiring open land in a clusterdevelopment or other land development project for public or common use, shallprovide that such open land either: (i) be conveyed to the city or town andaccepted by it for park, open space, agricultural, or other specified use oruses, or (ii) be conveyed to a nonprofit organization, the principal purpose ofwhich is the conservation of open space or resource protection, or (iii) beconveyed to a corporation or trust owned or to be owned by the owners of lotsor units within the development, or owners of shares within a cooperativedevelopment. If such a corporation or trust is used, ownership shall pass withconveyances of the lots or units, or (iv) remain in private ownership if theuse is limited to agriculture, habitat or forestry, and the city or town hasset forth in its community comprehensive plan and zoning ordinance that privateownership is necessary for the preservation and management of the agricultural,habitat or forest resources.
(2) In any case where the land is not conveyed to the city ortown:
(i) A restriction, in perpetuity, enforceable by the city ortown or by any owner of property in the cluster or other land developmentproject in which the land is located shall be recorded providing that the landis kept in the authorized condition(s) and not built upon or developed foraccessory uses such as parking or roadway; and
(ii) The developmental rights and other conservationeasements on the land may be held, in perpetuity, by a nonprofit organization,the principal purpose of which is the conservation of open space or resourceprotection.
(3) All open space land provided by a cluster development orother land development project shall be subject to a community approvedmanagement plan that will specify the permitted uses for the open space.
§ 45-24-47 Special provisions – Landdevelopment projects. – (a) A zoning ordinance may provide for land development projects which areprojects in which one or more lots, tracts, or parcels of land are to bedeveloped or redeveloped as a coordinated site for a complex of uses, units, orstructures, including, but not limited to, planned development and/or clusterdevelopment for residential, commercial, institutional, industrial,recreational, open space, and/or mixed uses as may be provided for in thezoning ordinance.
(b) A zoning ordinance adopted pursuant to this chapter whichpermits or requires the creation of land development projects in one or morezoning districts shall require that any land development project is referred tothe city or town planning board or commission for approval, in accordance withthe procedures established by chapter 23 of this title, including those forappeal and judicial review, and with any ordinances or regulations adoptedpursuant to the procedures, whether or not the land development projectconstitutes a "subdivision", as defined in chapter 23 of this title. No landdevelopment project shall be initiated until a plan of the project has beensubmitted to the planning board or commission and approval has been granted bythe planning board or commission. In reviewing, hearing, and deciding upon aland development project, the city or town planning board or commission may beempowered to allow zoning incentives within the project; provided, thatstandards for the adjustments are described in the zoning ordinance, and may beempowered to apply any special conditions and stipulations to the approval thatmay, in the opinion of the planning board or commission, be required tomaintain harmony with neighboring uses and promote the objectives and purposesof the comprehensive plan and zoning ordinance.
(c) In regulating land development projects, an ordinanceadopted pursuant to this chapter may include, but is not limited to,regulations governing the following:
(1) A minimum area or site size for a land developmentproject;
(2) Uses to be permitted within the development;
(3) Ratios of residential to nonresidential uses whereapplicable;
(4) Maximum density per lot and maximum density for theentire development, with provisions for adjustment of applicable lot densityand dimensional standards where open space is to be permanently set aside forpublic or common use, and/or where the physical characteristics, location, orsize of the site require an adjustment, and/or where the location, size, andtype of housing, commercial, industrial, or other use require an adjustment,and/or where housing for low and moderate income families is to be provided, orwhere other amenities not ordinarily required are provided, as stipulated inthe zoning ordinance. Provision may be made for adjustment of applicable lotdensity and dimensional standards for payment or donation of other land orfacilities in lieu of an on-site provision of an amenity that would, ifprovided on-site, enable an adjustment;
(5) Roads, driveways, utilities, parking, and otherfacilities; regulations may distinguish between those facilities intended toremain in private ownership or to be dedicated to the public; and
(6) Buffer areas, landscaping, screening, and shading.
(d) A zoning ordinance requiring open land in a clusterdevelopment or other land development project for public or common use, shallprovide that such open land either: (i) be conveyed to the city or town andaccepted by it for park, open space, agricultural, or other specified use oruses, or (ii) be conveyed to a nonprofit organization, the principal purpose ofwhich is the conservation of open space or resource protection, or (iii) beconveyed to a corporation or trust owned or to be owned by the owners of lotsor units within the development, or owners of shares within a cooperativedevelopment. If such a corporation or trust is used, ownership shall pass withconveyances of the lots or units, or (iv) remain in private ownership if theuse is limited to agriculture, habitat or forestry, and the city or town hasset forth in its community comprehensive plan and zoning ordinance that privateownership is necessary for the preservation and management of the agricultural,habitat or forest resources.
(2) In any case where the land is not conveyed to the city ortown:
(i) A restriction, in perpetuity, enforceable by the city ortown or by any owner of property in the cluster or other land developmentproject in which the land is located shall be recorded providing that the landis kept in the authorized condition(s) and not built upon or developed foraccessory uses such as parking or roadway; and
(ii) The developmental rights and other conservationeasements on the land may be held, in perpetuity, by a nonprofit organization,the principal purpose of which is the conservation of open space or resourceprotection.
(3) All open space land provided by a cluster development orother land development project shall be subject to a community approvedmanagement plan that will specify the permitted uses for the open space.
§ 45-24-47 Special provisions – Landdevelopment projects. – (a) A zoning ordinance may provide for land development projects which areprojects in which one or more lots, tracts, or parcels of land are to bedeveloped or redeveloped as a coordinated site for a complex of uses, units, orstructures, including, but not limited to, planned development and/or clusterdevelopment for residential, commercial, institutional, industrial,recreational, open space, and/or mixed uses as may be provided for in thezoning ordinance.
(b) A zoning ordinance adopted pursuant to this chapter whichpermits or requires the creation of land development projects in one or morezoning districts shall require that any land development project is referred tothe city or town planning board or commission for approval, in accordance withthe procedures established by chapter 23 of this title, including those forappeal and judicial review, and with any ordinances or regulations adoptedpursuant to the procedures, whether or not the land development projectconstitutes a "subdivision", as defined in chapter 23 of this title. No landdevelopment project shall be initiated until a plan of the project has beensubmitted to the planning board or commission and approval has been granted bythe planning board or commission. In reviewing, hearing, and deciding upon aland development project, the city or town planning board or commission may beempowered to allow zoning incentives within the project; provided, thatstandards for the adjustments are described in the zoning ordinance, and may beempowered to apply any special conditions and stipulations to the approval thatmay, in the opinion of the planning board or commission, be required tomaintain harmony with neighboring uses and promote the objectives and purposesof the comprehensive plan and zoning ordinance.
(c) In regulating land development projects, an ordinanceadopted pursuant to this chapter may include, but is not limited to,regulations governing the following:
(1) A minimum area or site size for a land developmentproject;
(2) Uses to be permitted within the development;
(3) Ratios of residential to nonresidential uses whereapplicable;
(4) Maximum density per lot and maximum density for theentire development, with provisions for adjustment of applicable lot densityand dimensional standards where open space is to be permanently set aside forpublic or common use, and/or where the physical characteristics, location, orsize of the site require an adjustment, and/or where the location, size, andtype of housing, commercial, industrial, or other use require an adjustment,and/or where housing for low and moderate income families is to be provided, orwhere other amenities not ordinarily required are provided, as stipulated inthe zoning ordinance. Provision may be made for adjustment of applicable lotdensity and dimensional standards for payment or donation of other land orfacilities in lieu of an on-site provision of an amenity that would, ifprovided on-site, enable an adjustment;
(5) Roads, driveways, utilities, parking, and otherfacilities; regulations may distinguish between those facilities intended toremain in private ownership or to be dedicated to the public; and
(6) Buffer areas, landscaping, screening, and shading.
(d) A zoning ordinance requiring open land in a clusterdevelopment or other land development project for public or common use, shallprovide that such open land either: (i) be conveyed to the city or town andaccepted by it for park, open space, agricultural, or other specified use oruses, or (ii) be conveyed to a nonprofit organization, the principal purpose ofwhich is the conservation of open space or resource protection, or (iii) beconveyed to a corporation or trust owned or to be owned by the owners of lotsor units within the development, or owners of shares within a cooperativedevelopment. If such a corporation or trust is used, ownership shall pass withconveyances of the lots or units, or (iv) remain in private ownership if theuse is limited to agriculture, habitat or forestry, and the city or town hasset forth in its community comprehensive plan and zoning ordinance that privateownership is necessary for the preservation and management of the agricultural,habitat or forest resources.
(2) In any case where the land is not conveyed to the city ortown:
(i) A restriction, in perpetuity, enforceable by the city ortown or by any owner of property in the cluster or other land developmentproject in which the land is located shall be recorded providing that the landis kept in the authorized condition(s) and not built upon or developed foraccessory uses such as parking or roadway; and
(ii) The developmental rights and other conservationeasements on the land may be held, in perpetuity, by a nonprofit organization,the principal purpose of which is the conservation of open space or resourceprotection.
(3) All open space land provided by a cluster development orother land development project shall be subject to a community approvedmanagement plan that will specify the permitted uses for the open space.
