§ 45-24-47. Special provisions — Land development projects.
(a) A zoning ordinance shall provide for land development projects which are defined in
§ 45-23-32.
(b) A zoning ordinance adopted pursuant to this chapter that permits or requires the creation
of land development projects in one or more zoning districts shall require that any
land development project shall be reviewed, in accordance with the procedures established
by chapter 23 of this title, 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 chapter 23 of
this title. No land development project shall be initiated until a plan of the project
has been submitted and approval has been granted by the authorized permitting authority.
In reviewing, hearing, and deciding upon a land development project, the authorized
permitting authority may be empowered to allow zoning incentives within the project;
provided, that standards for the zoning incentives are described in the zoning ordinance,
and may be empowered to apply any special conditions and stipulations to the approval
that may, in the opinion of the authorized permitting authority, be required to maintain
harmony with neighboring uses and promote the objectives and purposes of the comprehensive
plan and zoning ordinance.
(c) In regulating land development projects, an ordinance adopted 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 development project;
(2) Uses to be permitted within the development;
(3) Ratios of residential to nonresidential uses where applicable;
(4) Maximum density per lot and maximum density for the entire development;
(5) Roads, driveways, utilities, parking, and other facilities; regulations may distinguish
between those facilities intended to remain in private ownership or to be dedicated
to the public; and
(6) Buffer areas, landscaping, screening, and shading.
(d) In regulating land development projects, an ordinance adopted pursuant to this chapter
shall include provisions for zoning incentives that include the adjustment of applicable
lot density and dimensional standards where open space is to be permanently set aside
for public or common use, and/or where the physical characteristics, location, or
size of the site require an adjustment, and/or where the location, size, and type
of housing, commercial, industrial, or other use require an adjustment, and/or where
housing for low and moderate income families is to be provided, or where other amenities
not ordinarily required are provided, as stipulated in the zoning ordinance. Provision
may be made for adjustment of applicable lot density and dimensional standards for
payment or donation of other land or facilities in lieu of an on-site provision of
an amenity that would, if provided on-site, enable an adjustment.
(e)(1) A zoning ordinance requiring open land in a cluster development or other land development
project for public or common use, shall provide that such open land either: (i) Be
conveyed to the city or town and accepted by it for park, open space, agricultural,
or other specified use or uses; or (ii) Be conveyed to a nonprofit organization, the
principal purpose of which is the conservation of open space or resource protection;
or (iii) 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; or (iv) Remain in private ownership if the use is limited to
agriculture, habitat or forestry, and the city or town has set forth in its community
comprehensive plan and zoning ordinance that private ownership 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 or town:
(i) A restriction, in perpetuity, enforceable by the city or town or by any owner of property
in the cluster or other 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
(ii) 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.
(3) All open space land provided by a cluster development or other land development project
shall be subject to a community-approved management plan that will specify the permitted
uses for the open space.