No Cluster Development shall be permitted in the Town except in accordance with the standards and procedures as set forth in this section and in the Rules and Regulations Regarding Subdivision of Land of the Town of Middletown. (back to top)
Cluster Developments are intended to encourage development of harmonious and efficient living environments; to increase housing opportunities by promoting a variety in residential types, density and site design; to encourage the preservation of open space in harmony with the natural features of the land; to reduce the potential for flood hazard damages; and to facilitate the economical and efficient provision of public streets and utilities, community services, recreation and open space readily accessible to each cluster of building in the development. (back to top)
A. Cluster Developments will be allowed only in R-30, R-20, and R-10 zoning districts.
B. No Cluster Development shall be permitted until a plan for such has been submitted to and has been approved by the Middletown Planning Board in accordance with the procedures, requirements, design standards and specifications of the Rules and Regulations Regarding the Subdivision of Land of the Town of Middletown.
C. In addition, accompanying any application for a Cluster Development, a plan shall be submitted for a conventional subdivision (the "Conventional Plan") on the parcel. The conventional subdivision shown on the Conventional Plan shall conform in all respects with all provisions of the Zoning Ordinance and the Rules and Regulations Regarding the Subdivision of Land of the Town of Middletown, as may be amended from time to time.
D. The Planning Board shall reject a planned Cluster Development Plan if it finds that the design does not conform to any one of the following requisites:
1. All provisions of the Zoning Ordinance and the Rules and Regulations Regarding the Subdivision of Land of the Town of Middletown, as may be amended from time to time.
2. The dwelling unit yield must conform to the permitted density allowed under this Article.
3. The arrangement of buildings and lots must be deemed to be environmentally sound with reference to continued groundwater and surface water quality and with reference to unique site features.
4. Open space arrangements must be beneficial to potential residents of the Cluster Development or to the public at large, and adequate legal provisions must be provided in order to assure the continuance of the open space arrangement.
5. The arrangement of buildings, lots and site plans must take into account the characteristics of the parcel and of adjacent and land use. Buildings must be arranged in a way to ensure a harmonious blending between them including adequate protective buffering. (back to top)
No Cluster Development shall result in less than ten (10) dwelling units, or be allowed on a parcel of land having less than five (5) developable acres.
Each cluster of buildings shall be adjacent and accessible to open space proportional to the number of dwelling units in the cluster. (For example, if there are 100 dwelling units in the development and each cluster contains 25 dwelling units, 25% of the open space shall be adjacent to each cluster.) (back to top)
2. Two Family Dwellings or Duplexes
3. Townhouses (see definition, Article 4) (back to top)
Cluster Developments shall be provided with open space accessory to permitted residential uses, and adjacent to each grouping of buildings. The principal purpose of the open space is the enhancement of the residential environment, and is restricted to the use and enjoyment of the residents of the Cluster Development and their guests or the public at large. Use of open space shall be strictly limited to one or more of the following:
A. Open Recreation Uses of a non-commercial nature, such as:
1. Playfields and playgrounds
2. Tennis or other outdoor court games
3. Outdoor swimming pools
4. Golf course
5. Parks
6. Beaches or swimming areas
B. Natural Areas or areas of significant or outstanding natural value, conservation areas, wildlife preserves, bird sanctuaries, or areas of scenic, historic or archaeological value.
C. Landscaped Areas such as lawns, fields, wooded areas, plantings, gardens or courtyards.
D. Open Agricultural Uses such as raising of crops, orchards, nurseries, and tree farms, but excluding areas for buildings or structures associated with commercial farms or greenhouses, kennels, barns or livestock pens for the commercial raising of animals, fowl or fish.
E. Fresh Water Wetlands of coastal shoreline systems as defined herein.
F. Pedestrian Facilities such as walks, footpaths or bridges.
G. Vehicular Facilities such as driveways and parking areas as may be necessary to provide access to open recreational uses approved by the Planning Board. Public streets or areas within a public street right of way shall not be allowed within the open space unless approved by the Planning Board.
H. Buffer Areas between adjacent or nearby residential areas, or neighboring streets or property. Such buffer areas may contain fences or other natural or architectural screens.
I. Underground Utilities and/or drainage facilities such as stormwater retention or detention areas.
In no Cluster Development shall the removal of top soil, loam stripping, removal of sand and gravel, or refuse disposal be allowed in any open space area.
The regrading or modification of natural land contours may be allowed only by permission of the Planning Board, after review of a proposed grading plan. (back to top)
A. No less than thirty (30) percent of the total gross land area of a Cluster Development shall be devoted to open space.
B. No less than fifty (50) percent of the total open space area shall be developable land as defined in Article 4 of this Ordinance.
C. No more than fifteen (15) percent of the total open space area may be devoted to paved areas or other improvements or structures.
D. No more than twenty (20) percent of the total open space areas may be devoted to drainage facilities such as stormwater retention or detention areas. (back to top)
Ownership of the open space within a Cluster Development shall be vested in a legally viable entity which shall be responsible for the use and maintenance of the open space. Documents specifying the form of owner ship shall be submitted to the Planning Board along with the application for approval. The Planning Board shall have the right to approve, modify or reject the proposed form of ownership if, in its opinion, the proposed form of ownership does not adequately provide for control of use and maintenance. As a minimum, however, the following standards or ownership and management of open space shall be met:
A. The required open space shall be a separate and distinct lot owned in common by all the landowners in the development or by a homeowner's association made up of all the persons having ownership in the development. The Planning Board may permit the ownership of required open space by a public, quasi-public or private non-profit organization qualified to maintain such open space.
B. If the required open space is to be owned in common by all the lot owners within the Cluster Development, the Deed to each lot shall include a fractional interest in the common open space in an amount inversely proportional to the number of lots or dwelling units in the development. The deed shall also include all covenants, restrictions and easements which shall be imposed upon the use, management or maintenance of the open space in order to provide for the necessary control and requisite upkeep of the open space.
C. The applicant or developer shall provide for and establish a homeowners association or indicate an alternate method for the use, care and maintenance of all open space lands and improvements. Unless otherwise allowed by the Planning Board, membership in the homeowners association shall be mandatory for all landowners within the Cluster Development, and each lot shall be entitled to equal representation.
D. The Planning Board may require specific provisions for maintenance of open space, private streets, drainage systems and utilities including requirements for security and including a maintenance bond, as provided in the Rules and Regulation Regarding the subdivision of Land.
E. If the condominium form of ownership is proposed, the open space shall be a common element or a portion of the common elements of the condominium, in accordance with the provisions of Chapter 34 36-1 of the General Laws of Rhode Island.
F. Open space shall be protected against any future use or development or unauthorized alteration by the applicant conveying to the Town a conservation or open space easement, so called, restricting the open space against any use except as permitted by these regulations and as shown upon plans and other documentation submitted to the Planning Board with the Cluster Development application and as approved by the Planning Board. (back to top)
The total building lot yield as shown on the Conventional Plan submitted in accordance with the provisions of Section 1702 hereof shall determine the maximum number of dwelling units permitted in the Cluster Development prior to any density bonus being applied. (back to top)
The provisions of Section 1707 notwithstanding, a Cluster Development in any R-30 zoning district, shall be eligible for an additional fifteen (15%) increase in the maximum number of dwelling units permitted by Section 1707 provided both public water and sanitary sewer services are brought to the Development and , if in the opinion of the Planning Board, the increase in the maximum number of dwelling units will not result in a significant diminution of property values in the surrounding areas or district, will not be detrimental to or substantially or permanently injure the appropriate use of property in the surrounding area or district, and will not result in hazardous conditions or conditions inimical to the public health, safety or welfare.
No lot which has been created from a larger lot after the effective date of this Ordinance shall be eligible for the density bonus provisions of this Section, but may be developed as a Cluster Development in accordance with the permitted density and dimensional regulations for the zoning district in which it is located. (back to top)
The following tables prescribe the minimum dimensional requirements for individual lots and for the replacement of structures upon lots in a Cluster Development. The provisions of Section 603 shall not apply to a single family and/or two family dwellings in a Cluster Development. The following table, entitled "Dimensional Requirements-- Cluster Developments" shall apply. The terms "public water" and "public sewer" shall mean the public drinking water system and the public sanitary sewerage system of the Town.
Dimensional Requirements - Cluster Development table
No lot within a Cluster Development shall have frontage on an existing public or private street or way except by permission of the Planning Board. (back to top)
Townhouses as defined in Article 4 are permitted in a Cluster Development without the granting of a special-use permit by the Zoning Board of Review. For the purposes of this section, the provisions, of Article 15 regarding multi-family dwellings shall not apply to any Cluster Development.
All such townhouses in a Cluster Development shall meet all requirements as follows:
A. Utilities. Townhouses shall be serviced by both a public water and public sewer system and such utilities to which they are connected shall have adequate capacity to serve the project or to carry the additional effluent created by the development.
B. Building Size and Separation. No townhouse shall contain more than six (6) dwelling units. The minimum distance between any two rows of buildings substantially parallel to each other shall be one hundred (100) feet. The minimum distance between two (2) abutting ends of buildings in the same general plane or row shall be fifty (50) feet.
C. Townhouse Lots. Each townhouse shall be provided with its own lot containing not less than six hundred (600) square feet. Such lot shall contain the entire ground area covered by the principal building and may, in addition, contain private open space, courtyards, patios, decks or garages.
D. Density of Townhouse Developments. The total number of townhouse units allowed in a Cluster Development shall be regulated by the provisions of Section 1708.
E. Dimensional Requirements of Townhouse Development. The provisions of Section 1710 shall not apply to dimensional requirements for townhouses. The following table, entitled Dimensional Requirements Townhouses in Cluster Developments shall apply.
Dimensional Requirements - Townhouses in Cluster Developments
R30 R20 R10 Minimum Setback from a Public Street Principal & Accessory Buildings 100' 100' 80' Minimum Setback from all Property Lines – Principal Buildings 80' 80' 60' – Accessory Buildings 20' 20' 20' Maximum Building Height – Principal Buildings 35' 35' 35' – Accessory Buildings 15' 15' 15' Maximum Lot Coverage[1] – Buildings 20% 20% 25% – Impervious Materials 25% 25% 40% Minimum Lot Frontage 50' 50' 50'
Section 1713 - Streets and Other Improvements
Streets in a Cluster Development may be offered for dedication to the Town as public streets or may be kept in private ownership and maintained by a private homeowners association.
All streets which are intended for dedication to the Town and public streets shall be improved in accordance with the requirements and specification of the Rules and Regulations Regarding the Subdivision of Land.
Private ways which are intended to be kept in private ownership and not dedicated as public streets, shall be reviewed by the Planning Board for design and construction. The Planning Board shall impose design and construction standards for any proposed private way within a Cluster Development, according to the anticipated traffic volumes expected upon such private ways. Such standards shall include requirements regarding pavement surface, pavement surface width, pavement base and sub-base, grades or degree of slope, surface water runoff control and such other areas as the Board shall deem necessary to accommodate the anticipated present future traffic flow. No such design or construction standard shall exceed that required for a public street as set forth in the Rules and Regulations Regarding the Subdivision of Land of the Town of Middletown.
Other improvements, including, but not limited to, drainage facilities and stormwater retention or detention areas may be owned and maintained in common by the homeowners association if the Planning Board determines that such ownership is consistent with the use and management of open spaces within the Cluster Development. (back to top)
Section 1714 - Parking Requirements
Each residential dwelling unit within a Cluster Development shall be provided with at least two (2) off-street parking spaces which may include garage or carport spaces. Common parking areas shall be set back at least twenty-five feet (25) from all lot lines and from all internal private streets. The Middletown Planning Board shall require the provision of landscape materials, screen planting, fences, or other methods designed to provide a buffer between parking areas and internal or adjacent streets or property. (back to top)
[1] Refers to the Lot or Lots containing the entire Cluster Developments.