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TOWN COUNCIL AGENDA

TOWN OF SOUTH KINGSTOWN

RHODE ISLAND

MONDAY, MARCH 13, 2023

WORK SESSION – 6:00 PM

REGULAR SESSION – 7:30 PM

TOWN COUNCIL CHAMBERS

180 HIGH STREET

WAKEFIELD, RI

TOWN COUNCIL

Rory H. McEntee, President

Michael K. Marran, Vice President

Patricia A. Alley

Deborah D. Bergner

Jessica L. Rose

James M. Manni, Town Manager

Michael A. Ursillo, Esquire, Town Solicitor

Susan M. Flynn, CMC, Town Clerk

Members of the public are welcome and encouraged to attend in person or view the meeting live on ClerkBase at https://clerkshq.com/SouthKingstown-ri or on your local Public Access Television Station.

NOTE: Individuals requesting American Sign Language interpreters or CART service must call the Town Clerk’s Office at 401-789-9331 seventy-two (72) hours in advance of the meeting date.

DATE POSTED: 3/9/2023

1. A. INTERVIEWS – 6:00 PM

1. Applicants for appointment to the School Committee to fill a vacancy for a term to expire in November 2024: Joseph P. Martin, Alex M. Petrucci, and Bradley M. Shear.

2. Christopher Moore for appointment to the Bicycle – Pedestrian Advisory Committee.

See Attachment A for Boards and Commissions Appointments Report.

B. WORK SESSION – immediately following

All items listed on Town Council agenda are subject to discussion.

C. REGULAR SESSION – 7:30 PM

Please be advised that the Council intends to discuss and/or act upon each and every item appearing on this agenda.

2. A. PLEDGE OF ALLEGIANCE TO THE FLAG – led by Southgansett Girl Scouts

B. LAND ACKNOWLEDGEMENT STATEMENT

3. ROLL CALL

4. APPROVAL OF MINUTES OF PREVIOUS MEETINGS

A. Work Session – February 27, 2023

B. Regular Session – February 27, 2023

C. Closed Executive Session – February 27, 2023

5. CONSENT AGENDA

Rule 13: All items listed with a (CA) are to be considered routine by the Town Council and will be enacted by one motion. There will be no separate discussion of these items unless a member of the Council, or a member of the public so requests, in which event the item will be removed from Consent Agenda (CA) consideration and considered in its normal sequence on the agenda.

6. LICENSES

(CA) A. A resolution granting a Holiday Sales License to Rhode Island CVS Pharmacy, LLC d/b/a CVS Pharmacy 2065, 11 Main Street, Wakefield, RI 02879. Application by Erin Chilinski, Licensing Department. Renewal; License No. 64111.

(CA) B. A resolution granting Holiday Sales and Farm Retail Sales Licenses to Lavender Waves Farm, LLC d/b/a Lavender Waves Farm, 3814 Comm. O. H. Perry Highway, Wakefield, RI 02879. Application by Henry Cabrera, Member. Renewal; License No. 71198.

(CA) C. A resolution granting a Victualling License and Additional Hours from 2AM to 4 AM to Alchihed Enterprises Inc. d/b/a IZONE, 100 Fortin Road, Kingston, RI 02881. Application by Nidal Alchihed, President. Renewal; License No. 63430.

7. PUBLIC HEARINGS

A. A Public Hearing, continued from February 27, 2023 relative to proposed text amendments to the Zoning Ordinance associated with the sale, cultivation and/or manufacturing of recreational cannabis to include the creation of Cannabis Overlay Districts within the Town’s existing Commercial Highway and Industrial I Districts, and to consider a proposed amendment to the Town’s Zoning Map to create the three new cannabis overlay districts, as shown on Exhibit 1 attached hereto.

B. A Public Hearing relative to a proposed amendment to the Zoning Ordinance, Article 5. Supplementary Regulations, Section 502.7 Cottage Community, that would extend the sunset provision for two years, as shown on Exhibit 2 attached hereto.

8. COMMUNICATIONS

A. A letter dated February 15, 2023 from Richard Youngken, Acting Chair, Historic District Commission requesting the Town Council to seek enabling legislation in support of a local demolition delay ordinance is received, placed on file, and the Town Council further directs __________________.

B. A resolution adopted February 13, 2023 by the Charlestown Town Council in support of full funding of categorical transportation aid as outlined in RIGL §16-7.2-6 is received, placed on file, and the Town Council further directs ________.

C. A resolution adopted February 13, 2023 by the Charlestown Town Council in support of House Bill 2023 – H 5174 An Act Relating to Waters and Navigation, Coastal Resources Management Council relative to identifying shoreline access for the public is received, placed on file, and the Town Council further directs _______________.

D. An email dated February 28, 2023 from Paul Mazzilli requesting designation of Green Hill Ocean Drive as a public road is received, placed on file, and the Town Council further directs _______________.

E. An email dated March 3, 2023 from Matthew McCoy requesting adoption of a proclamation declaring South Kingstown a Medal of Honor Town in conjunction with the 300^th Anniversary Steering Committee’s National Medal of Honor Day Dedication and Remembrance Event on March 25^th is received, placed on file, and the Town Council further directs _____________________.

Rule 18: Correspondence to the Town Council shall be placed on the Council agenda only where action by the Council is requested. Correspondence relating to personnel issues or personal matters shall not be placed on the agenda. The Town Clerk shall confer with the Town Manager and/or Town Solicitor where the intent of the correspondence may be unclear. Correspondence not placed on the agenda may be available for public review pursuant to the Access to Public Records Act.

9. TOWN MANAGER’S REPORT

A. Update on School Building Committee.

10. COMMENTS FROM INTERESTED CITIZENS

Rule 10A. for the conduct of the meetings of the South Kingstown Town Council: Members of the public shall be entitled to speak at regular meetings during any period designated on the agenda for public comment, once, for a period of five minutes, or longer at the discretion of the President, and at other times when invited to do so by the President. The public shall address their comments to the question under debate as indicated on the agenda. Pursuant to RI General Laws §42-46-6(b), public comment regarding subject matter not on the agenda but received during the public participation portion of a meeting shall be for information purposes only and may not be voted on except where necessary to address an unexpected occurrence that requires immediate action to protect the public or to refer the matter to an appropriate committee or to another body or official.

11. APPOINTMENTS

A. A resolution appointing ___________________________________ to the ______________________________ Board/Committee/Commission for a term to expire in _______________. (See Attachment A for Boards and Commissions Appointments Report)

B. A resolution appointing ______________________________________ to the School Committee to fill an interim term until the next election in November 2024.

12. NEW BUSINESS

A. A resolution adopting a proclamation recognizing Girl Scout Week, as follows:

GIRL SCOUT WEEK

MARCH 12 – MARCH 18, 2023

WHEREAS, Sunday, March 12, 2023 marks the 111^th anniversary of Girl Scouts of the U.S.A., founded by Juliette Gordon Low in 1912 in Savannah, Georgia; and

WHEREAS, through Girl Scouting, girls grow in courage, confidence, character, and learn to make the world a better place; and

WHEREAS, throughout its long and distinguished history, Girl Scouts – the pre-eminent organization for girls – has inspired millions of girls and women with the highest ideals of character, conduct and patriotism; and

WHEREAS, Girl Scouting takes an active role in increasing the interest and skill levels of today’s youth in math, science and technology careers and to fulfill our country’s economic needs; and

WHEREAS, through participation in Project Undercover, a council wide community service project, every girl will learn that she can make a change for the better in her community; and

WHEREAS, the Girl Scout cookie sale is the world’s largest girl-led business, teaching financial literacy to girls of all ages; and

WHEREAS, the Girl Scouts of Southeastern New England which serves 3,264 girls in the Rhode Island area will be celebrating 111 years of an American tradition with more than 1.5 million current Girl Scout members nationwide.

NOW THEREFORE, WE THE TOWN COUNCIL OF THE TOWN OF SOUTH KINGSTOWN do hereby proclaim the week of March 12-18, 2023 as Girl Scout Week in the Town of South Kingstown and urge our citizens to support Girls Scouts in their endeavors.

B. A resolution awarding grants under the Town’s American Rescue Plan Act Program to the Jonnycake Center for Hope in the amount of $200,000, and to the South Kingstown Housing Authority in an amount not to exceed $100,000, in accordance with applications submitted for the Town’s affordable housing initiative; and as further described in a memorandum from the Planning Director to the Town Manager dated March 6, 2023 and entitled “ARPA Affordable Housing – Grant Applications/Review.”

C. A resolution awarding grants under the Town’s American Rescue Plan Act Program to Human Service and Outside Agencies; as further described in a memorandum from the Director of Administrative Services to the Town Manager dated March 9, 2023 and entitled “Human Services and Outside Agencies Grant Allocations.”

D. A resolution authorizing the Town Clerk to advertise for Order of Notice a Public Hearing relative to proposed amendments to the Town Code, Chapter 17 Taxation, Article III. Property Tax Exemptions For Elderly Persons, as follows:

Sec. 17-44. Amount of exemption; filing of applications

****

(c) All applications will be filed with the tax assessor by ~~March~~ May 15 of each year for which the tax credit is claimed and shall be made in the form approved by the town council. All applications filed after the May 15 deadline, if approved, will receive a tax credit in the form of an abatement.

(CA) E. A resolution authorizing the Tax Assessor to abate taxes in the amount of $1,654.00, as shown on Tax Abatement Request No. 614.

(CA) F. A resolution authorizing an award of contract to Connectivity Point, 1 Wholesale Way, Cranston RI 02920 for installation of an enhanced security system to include electronic access points at the Peace Dale and Kingston Free Libraries, inclusive of all labor and materials, in an amount not to exceed $6,506 in accordance with State of RI MPA-419; and as further detailed in a memorandum from the Facilities Superintendent to the Town Manager dated March 7, 2023 and entitled “Recommendation of Award: Electronic Access Security Points.”

G. A resolution authorizing an award of contract to James J. Geremia & Associates, Inc., 272 West Exchange Street, Suite 201, Providence, RI 02903 for consulting engineering services necessary to prepare the Town’s Water Division Water System Supply Management Plan (WSSMP), Emergency Response Plan (ERP) and Clean Water Infrastructure Plan (CWIP) in an amount not to exceed $58,780, including a $5,000 contingency; and as further described in a memorandum from the Public Services Director to the Town Manager dated March 8, 2023 and entitled ”Water System Supply Management Plan (WSSMP), Emergency Response Plan (ERP) and Clean Water Infrastructure Plan (CWIP) Engineering Services Recommendation, Bid #SK0029WD.”

13. CLOSED EXECUTIVE SESSION

A. A Closed Executive Session pursuant to RIGL §42-46-5(a)(5) to discuss matters related to the acquisition or lease of real property for public purposes, or of the disposition of publicly held property wherein advanced public information would be detrimental to the interest of the public.

Rule 11: No item of business other than that of adjournment may be brought before the Town Council at any meeting unless such an item is introduced before 11:00 PM; provided, however, that this rule may be suspended by an affirmative vote of a majority of members present.

Pursuant to RIGL §42-46-6(b). Notice – “Nothing contained herein shall prevent a public body, other than a school committee from adding additional items to the agenda by majority vote of the members. Such additional items shall be for informational purposes only and may not be voted on except where necessary to address an unexpected occurrence that requires immediate action to protect the public or to refer the matter to an appropriate committee or to another body or official.”

Exhibit 1

PROPOSED AMENDMENTS TO THE ZONING ORDINANCE

ARTICLE 1: ESTABLISHMENT OF DISTRICTS AND OFFICIAL ZONING MAP

* * *

Sec. 101. Zoning districts.

For the purpose of this ordinance, the town is hereby divided into eighteen (18) zoning districts as set forth below. The specific purpose of each zoning district shall be as follows:

B. Commercial.

* * *

COD-R – Cannabis Overlay District Retail. This zoning overlay district identifies areas where the retail sale of cannabis and/or cannabis related items may occur per Section 504.15.

C. Industrial.

* * *

COD-CMT – Cannabis Overlay District - Cultivation/Manufacturing/Testing. This zoning overlay district identifies areas where the cultivation and/or manufacturing of cannabis products and/or cannabis related items and/or laboratory testing of cannabis products may occur per Section 504.15.

COD-MT – Cannabis Overlay District - Manufacturing/Testing. This zoning overlay district identifies areas where the manufacturing of cannabis products and/or cannabis related items and/ laboratory testing of cannabis products may occur per Section 504.15.

ARTICLE 3: USE REGULATIONS

[Text to be added = underline]

Sec. 300. Schedule of use regulations.

* * *

B. Use code category. A "use code category" is a general category of uses, corresponding with section 301. These use code categories are as follows:

* * *

10.0 Marijuana/Cannabis-Related Uses

* * *

Sec. 301. Schedule of Use Regulations Table.

* * *

^{10.0 MARIJUANA/CANNABIS-RELATED USES}

^{USE
CODE}

^USE

^R200

^R80

^R40

^R30

^R20

^R10

^RM

^MU

^CN

^CD

^CH

^CW

^{COD- R}

^NOTES

¹⁰⁰

^{Marijuana retail facility}

^{See section 504.15}

¹⁰¹

^{Marijuana cultivation facility}

^{See section 504.15}

¹⁰²

^{Marijuana emporium}

¹⁰³

^{Cannabis retailer/hybrid cannabis retailer}

^{See section 504.15}

¹⁰⁴

^{Cannabis cultivator}

^{See section 504.15}

¹⁰⁵

^{Cannabis product manufacturer}

^{See section 504.15}

¹⁰⁶

^{Cannabis testing laboratory}

^{See section 504.15}

* * *

10.0 MARIJUANA/CANNABIS-RELATED USES
USE CODE	USE	IND-1	IND-2	IND-3	GI	OS	COD-CMT	COD-MT	NOTES
100	Marijuana retail facility	S	N	N	N	N	N	N	Allowed by SUP only in the West Kingston IND-1 zone, as defined in section 101.C; see section 504.15
101	Marijuana cultivation facility	S	N	N	N	N	S	S	Allowed by SUP only in the West Kingston IND-1 zone, as defined in section 101.C; see section 504.15
102	Marijuana emporium	N	N	N	N	N	N	N
103	Cannabis retailer/hybrid cannabis retailer	N	N	N	N	N	N	N
104	Cannabis cultivator	N	N	N	N	N	S	N	See section 504.15
105	Cannabis product manufacturer	N	N	N	N	N	S	S	See section 504.15
106	Cannabis testing laboratory	N	N	N	N	N	S	S	See section 504.15

* * *

ARTICLE 5: SUPPLEMENTARY REGULATIONS

* * *

Sec. 504. Special use permits.

* * *

504.15. Marijuana/cannabis-related uses.

I. Marijuana retail facilities, and/or marijuana cultivation facilities may be allowed by special use permit in those zones specified in section 301, subject to the following conditions:

* * *

F. Development plan review and approval shall be required prior to application for the special use permit and is to be conducted by the planning board. In addition to the development plan review standards set forth in the subdivision and land development regulations, the planning board shall ensure compliance with the following conditions:

1. The requested use at the proposed location is sufficiently buffered in relation to any residential area in the immediate vicinity so as not to adversely affect said area.

2. The exterior appearance of the structure is consistent with the exterior appearance of existing structures within the immediate neighborhood that take on the architectural vernacular of traditional coastal New England,, so as to prevent blight or deterioration, or substantial diminishment or impairment of property values within the neighborhood.

* * *

II. Cannabis-related facilities may be allowed by special use permit in those zones specified in section 301, subject to the following conditions:

A. The application for a special use permit shall provide the legal name and address of the cannabis facility, a copy of the articles of incorporation, and the name, address, and date of birth of each principal officer and board member of the facility. The application shall include the development plan approved pursuant to this section, as well as a vicinity map, which shall identify the distances between the proposed facility and the nearest edge of abutting zoning districts. The application shall also include a copy of the licensing application submitted pursuant to the State of Rhode Island Cannabis Control Commission and/or Department of Business Regulation.

B. Pursuant to Sec. 21-28.11-17.1(b)(3) of the Cannabis Act, the cannabis facility must not be located within:

1. Five hundred (500) of a pre-existing public or private school providing education in kindergarten or any of grades one through twelve (12). This distance shall be measured by a straight line from the nearest property line of the premises on which the proposed cannabis facility is to be located to the nearest property line of the parcel on which the school is located.

C. The proposed facility shall implement the appropriate security measures to deter and prevent the unauthorized entrance into areas containing cannabis and shall ensure that each location has an operational security/alarm system.

D. Development plan review and approval shall be required prior to application for the special use permit, and is to be conducted by the planning board. In addition to the development plan review standards set forth in the subdivision and land development regulations, the planning board shall ensure compliance with the following conditions:

1. The requested use at the proposed location is sufficiently buffered in relation to any residential area in the immediate vicinity so as not to adversely affect said area.

3. Lighting is provided to illuminate the cannabis facility, its immediate surrounding area, any accessory uses including storage areas, the parking lot(s), its front façade, and any adjoining public sidewalk.

4. In addition to any requirement of Rhode Island State Law, all facilities (retail, production and/or cultivation) shall submit a plan to control odor (i.e., carbon air filtration, air filters, biofiltration, high pressure fog, odor neutralizers, negative air space control, ozone generators). The applicant’s odor control plan is subject to third party review as determined by the Planning Board. The costs associated with third party review shall be borne by the applicant.

5. Development plan review applications for all cannabis facilities shall include detailed plans of the facility's wastewater treatment system(s). Such plans shall be approved by the department of public services prior to issuance of the development plan approval.

E. Cannabis retailers/hybrid cannabis retailers shall only be permitted where ingress and egress to the facility is via direct access from State Route 108, or Old Tower Hill Road.

F. All cannabis facilities shall fully comply with all other licensing requirements of the town and the laws of the state.

* * *

ARTICLE 12: DEFINITIONS

"Cannabis cultivator" means, as defined under Sec. 21-28.11-3(11) of the Rhode Island Cannabis Act, an entity licensed to cultivate, process and package cannabis, to deliver cannabis to cannabis establishments and to transfer cannabis to other cannabis establishments, but not to consumers.

"Cannabis product manufacturer” means, as defined under Sec. 21-28.11-3(14) of the Rhode Island Cannabis Act, an entity licensed to obtain, manufacture, process and package cannabis and cannabis products, to deliver cannabis and cannabis products to cannabis establishments and to transfer cannabis and cannabis products to other cannabis establishments, but not to consumers.

"Cannabis retailer" means, as defined under Sec. 21-28.11-3(16) of the Rhode Island Cannabis Act, an entity licensed pursuant to § 21-28.11-10.2 to purchase and deliver cannabis and cannabis products from cannabis establishments and to deliver, sell or otherwise transfer cannabis and cannabis products to cannabis establishments and to consumers.

"Cannabis testing laboratory'' means, as defined under Sec. 21-28.11-3(17) of the Rhode Island Cannabis Act, a third-party analytical testing laboratory that is licensed annually by the commission, in consultation with the department of health, to collect and test samples of cannabis and cannabis products pursuant to regulations issued by the commission and is: (i) Independent financially from any medical cannabis treatment center or any licensee or cannabis establishment for which it conducts a test; and (ii) Qualified to test cannabis in compliance with regulations promulgated by the commission pursuant to this chapter. The term includes, but is not limited to, a cannabis testing laboratory as provided in § 21-28.11-11.

"Hybrid cannabis retailer" means, under Sec. 21-28.11-3(28) of the Rhode Island Cannabis Act, a compassion center licensed pursuant to chapter 28.6 of title 21 that is in good standing with the department of business regulation and that has paid the fee pursuant to § 21-28.11-10 and has been authorized to sell non-medical or adult use cannabis to consumers.

Marijuana retail facility means any facility that may, under state law, acquire, possess, supply or dispense marijuana, and/or related supplies and educational materials, but does not cultivate marijuana on-site, including, but not limited to, compassion centers, as defined in R.L. § 21-28.6-3, provided that compassion centers that cultivate marijuana on-site shall be considered marijuana cultivation facilities. Facilities in which marijuana is sold or dispensed for immediate, on-site use or consumption shall be considered marijuana emporiums. This shall not include a cannabis retailer or hybrid cannabis retailer, as defined herein.

Marijuana cultivation facility means any facility that, under state law, may acquire, possess, cultivate, manufacture, deliver, transfer, transport, supply or otherwise process marijuana, including, but not limited to, facilities run by licensed cultivators, as defined in R.L. § 21-28.6-3, and cooperative cultivations pursuant to R.L. § 21-28.6-14. Compassion centers, as defined in R.L. § 21-28.6-3, which do not cultivate marijuana on-site, shall be considered marijuana retail facilities. This shall not include a cannabis cultivator, as defined herein.

Marijuana emporium means any retail or commercial establishment, or club, whether for-profit, non-profit, or otherwise, at which marijuana is used and/or sold or dispensed for immediate, on-site use or consumption. This shall include without limitation any so-called "vapor lounge," or any other establishment at which marijuana is consumed in vaporized form. This shall not include marijuana retail facilities or marijuana cultivation facilities, as defined herein.

This ordinance shall take effect upon passage.

Proposed Amendments to the Zoning Map

(see maps)

Exhibit 2

PROPOSED AMENDMENT TO THE ZONING ORDINANCE

ARTICLE 5. SUPPLEMENTARY REGULATIONS

*****

502.7 Cottage Community

A. Purpose. The purposes of this section, Cottage Community, are to:

1. Provide housing types that are responsive to changing household demographics (e.g., retirees, young people entering the workforce, small families, single parent households, single person households, dual owner households);

2. Provide more opportunities for low to moderate income (LMI) housing within single-family neighborhoods;

3. Encourage creation of functional usable open space in residential communities;

4. Promote neighborhood interaction and safety through design; and

5. Ensure compatibility with neighboring uses.

B. Applicability. The Planning Board may approve, as a Major Land Development Project, a Cottage Community in the Town’s R10 and R20 Zoning Districts, as defined in Map 6.1, Sewer Service Areas, Town of South Kingstown Comprehensive Community Plan, 2014 as amended and adopted, unless the proposed Cottage Community Development is within the Town’s Historic Overlay District as defined by Article 6, §600 of the Zoning Ordinance where they are prohibited.

1. A Cottage Community shall only be allowed on lots that have existing access to water and sewer service or where the applicant can demonstrate that new water and sewer access will be provided prior to occupancy.

C. Procedures. Applications for Cottage Community approval shall be made in accordance with the procedures for approval of a Major Land Development Project per the Town’s Subdivision and Land Development Regulations.

D. Inclusionary Zoning. Any Cottage Community is subject to the Inclusionary Zoning requirements of Sec. 502.6.

E. Density Requirements

1. The maximum density shall be eight (8) cottage units per developable acre of land.

2. An individual cottage development shall contain a minimum of six (6) dwelling units and may contain a maximum of thirty (30) dwelling units.

3. None of the provisions of this subsection shall be interpreted as removing any density limitations or nutrient loading limitations that may be required by RIDEM or RICRMC for specific areas.

F. Dimensional Requirements

1. A Cottage Community may be developed with dwelling units on separate lots, a single lot, or a combination thereof.

2. No detached accessory buildings shall be allowed except shared community structures such as storage sheds, garages, utility structures, or similar common facilities.

3. Dwelling units shall be separated by a minimum of ten (10) feet from the side edge of one building to another. Where attached architectural features such as eaves, window bays, bulkheads, etc. project into the space between residences, the ten (10) foot separation shall be measured from the outside edge of these features.

4. Dwelling units not abutting or oriented towards a right-of-way shall front the common open space.

5. The first floor area of each cottage unit shall not exceed 900 square feet (foot print) not inclusive of any porch or deck area. Where a second floor is included, the habitable area of the second floor shall not exceed 50% of the ground floor area.

6. Dimensional requirements for porches shall comply with Subsection H.2. Porches.

7. The distance between the front building edge and the right of way or the edge of the common space shall be at least fifteen (15) feet.

8. The building height for all structures shall not exceed twenty-five (25) feet. Where included, the second floor area shall primarily be located under the pitched area of the roof as a half story, with the spring point for the eave starting no higher than (3) feet above the finished floor, and with no more than fifty (50) percent of the roof length interrupted by dormers. In no instance shall the first floor exterior walls exceed 14 feet in overall height.

9. Dwelling units shall have a minimum 6:12 roof pitch. Portions of a roof with a pitch less than 6:12 shall be limited to architectural features such as dormers, porch roofs, and shed roofs.

10. No building in the cottage community shall be closer to an adjacent property line than the required side yard setback of the zoning district of any adjacent property.

11. Accessory dwelling units are not allowed within a Cottage Community.

G. Common Open Space

1. A minimum of 250 square feet of common open space shall be provided per dwelling. However, not less than 3,000 square feet of common area shall be provided regardless of number of dwelling units.

2. No dimension of a common open space area used to satisfy the minimum square footage requirement shall be less than 20 feet, unless part of a pathway or trail.

3. Required common open space shall be divided into no more than two separate areas per cluster of dwelling units.

4. Common open spaces shall have dwelling units that face each other across the common open space.

5. Common open space shall be designed for passive or active recreational use. Examples may include but are not limited to courtyards, orchards, landscaped picnic areas, or gardens. Common open space shall include amenities such as seating, landscaping, trails, gazebos, outdoor cooking facilities, covered shelters, or ornamental water features.

6. The Planning Board may allow stormwater drainage facilities within the common open space if it finds that the drainage areas are designed as a fully integrated part of the overall common open space landscape plan which incorporates the types of design features and amenities noted above in Sec. 502.7.G.5, and are designed to facilitate infiltration and recharge.

7. All dwelling units shall have dedicated access ways to the common open spaces.

H. Private Open Space.

1. Intent. A sense of community requires the right balance of personal privacy. Private open space is an essential component of this balance. A ‘front’ yard creates a transition between public and private spaces, while a ‘side’ or ‘back’ yard offers increased seclusion.

2. Location. A semi-public transition zone and semi-private porch shall separate the main entrance to the dwelling from the common open space or street. This transition zone should include some combination of fencing, plantings, and or railings, none of which may exceed 36 inches in height. Private open space may be located in the side and/or rear yards.

3. Size. Each residential unit shall be provided with a minimum of 200 square feet of usable private open space, with no dimension less than 10 feet. Such open space requirements may be met with a combination of front, side or rear yard locations.

I. Cottage Building and Fence Design Standards. In addition to the dimensional regulations in Article 4, and the standards contained in South Kingstown, RI - Cottage Community Regulations Design Guidelines - Bulletin #1 (July 2021), the following building design standards shall apply:

1. Variety in Building Design. The same combination of building elements, features, and treatments shall not be repeated on individual dwelling units for more than one-third of the total dwelling units in a CCD. Dwelling units with the same combination of features and treatments shall not be located adjacent to each other. The following building design features are required:

· Variation in general architectural elevation and size

· Predominant wall materials shall be or have the appearance of wood, brick or stone, shall be made of a paintable material, and may be painted or coated in a nonmetallic finish. Vinyl siding materials are prohibited unless such products have the appearance of natural wood (i.e. CertainTeed Signature Cedar Impressions Siding products or AZEK paintable trim material)

In addition, a minimum of five (5) of the following building elements, features, and treatments shall be provided in a manner that creates visual variety between adjacent structures and within clusters of cottage units:

· Variation in building stories (a mix of one- and one-and-a-half-story buildings)

· Variation in roof/building colors and/or materials

· Varying roof shapes or gables between adjacent structures

· Windows with visible trim and mullions

· Roof brackets

· Dormers

· Bay windows

· Entry enhancement such as a well detailed door (multi-panel or glass insert), sidelights, transoms, and/or roof extensions

· Attached trellis elements over windows or patios

· Exterior Chimney made of, or clad in, brick or stone

· Other building elements, treatments, features, or site designs approved by the code administrator that provide variety and visual interest

· Additional porches and patios (required porch not included)

2. Porches.

a) Cottage housing units shall have a covered porch of the primary entrance oriented to the common open space or the public street right of way as applicable.

b) The required front porch shall have a minimum sixty (60) square feet in area with a minimum dimension of six (6) feet and a maximum dimension of ten (10) feet on any side, except that:

i. A porch may extend, but is not required to extend, the full length of the front façade. The porch may also wrap around the cottage for a maximum length of twenty (20) feet along either side of the cottage. Note: listed this as an exception to b).

3. Fences. All fences interior to the development shall be no more than thirty-six (36) inches in height. Fence materials shall be or have the appearance of natural materials, such as wood, brick or stone, shall be made of a paintable material (i.e. Azek, Walpole Outdoor Fence products), and may be painted or coated in a nonmetallic finish. Chain link fencing is prohibited.

J. Parking

1. A minimum of 1 parking space per dwelling unit shall be provided for the entire cottage community. Parking spaces located within garages and driveways may count towards this requirement. Any parking spaces in excess of 1 per dwelling unit shall be designed with pervious materials such as pervious pavement, porous asphalt, gravel surfaces, grass or other similar pervious options. Parking spaces, whether uncovered or in garages or carports, shall not count toward the total floor area of a cottage unit, as described in subsection F.5.

2. Parking for individual dwelling units shall be combined into an individual facility or into parking clusters in order to facilitate housing clusters that are oriented to common open space areas.

3. Garage doors shall not be oriented towards a public right-of-way (i.e. street).

4. Garages and carports shall not be located between the common open space and the dwelling units.

5. Surface parking lots shall be broken into sub-lots of no more than fifteen (15) parking spaces. Any surface parking lot with more than seven (7) parking spaces shall contain at least one landscape island. Landscape islands shall:

a) Be a minimum of 144 square feet (18 ft. parking spaces) or 160 square feet (20 ft. parking spaces).

b) Have a minimum dimension of at least eight (8) feet at the widest point measured from the edge of pavement or back of curb where curbing is proposed.

c) Be located, graded and designed to pretreat stormwater runoff

d) Be planted with vegetation suited to the stormwater management strategy and resilient to the stressors anticipated in the parking area (e.g., heat, sand, etc.)

e) Include at least one deciduous shade tree of not less than two (2)-inch caliper and at least ten (10) feet in height at the time of installation.

f) Applicants may deviate from these standards where it can be demonstrated to the satisfaction of the Planning Board that stormwater management is not feasible because of the location of the island (i.e., upgradient) or other pre-existing site conditions.

6. Parking in the form of garages, carports, or surface lots may occupy no more than 40 percent of site frontage on a public right-of-way, except in the case of an alley, in which case no restriction applies.

7. Surface parking lots shall be set back twenty (20) feet from the outside perimeter of the cottage community. This setback can be reduced to below twenty (20) feet but never less than ten (10) feet along no more than 50% of the perimeter. Where the setback is less that twenty (20) feet a decorative and sturdy fence at least six (6) feet in height (measured from grade) shall be installed (See Section H for fence standards).

8. Surface parking lots of more than four (4) spaces, visible from a public right-of-way (not including alleys) or adjacent single-family uses or zones shall be screened by landscaping and/or architectural features, in accordance with Article XIII, Section G of the Subdivision Regulations.

9. Enclosed parking structures shall have a minimum 6:12 roof pitch and a maximum height of eighteen (18) feet. Portions of a roof with a pitch less than 6:12 shall be limited to architectural features such as dormers, porch roofs, and shed roofs. Parking structures shall also comply with the architectural elements required by Section H. (Cottage Building Design Standards).

K. Common Area Maintenance

1. Cottage developments shall be required to implement a mechanism that ensures the continued care and maintenance of common areas. All common areas shall be protected against further development and unauthorized alteration in perpetuity by appropriate deed restrictions. The Planning Board shall approve the form and content of all deed restrictions at the time of final approval of the application. Every deed restriction providing a maintenance guarantee shall contain the following provision:

“If the owners or their successors or assigns fail to maintain the common area, or fail to keep a Home Owners Association active and in good standing with the Rhode Island Secretary of State responsible for said maintenance, the Town may perform any necessary maintenance and enforce the payment for such costs, including reasonable attorneys' fees, by an action at law or in equity against the owners or their successors or assigns, or seek judicial relief to compel the owners to perform any necessary maintenance."

2. Ownership of the common area shall be conveyed to a corporation or trust owned or to be owned by the owners of lots or units within the cottage 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. A typical example would be creation of a homeowner’s association or condominium association with authority and funding necessary to maintain the common areas.

L. Stormwater Management. All applications shall be required to meet RIDEM’s Stormwater Standards and shall conform to the Town's Subdivision and Land Development Regulations and Design Manual with particular regard for the need to encourage infiltration and groundwater recharge as opposed to detention or retention basins.

M. Sunset Provision. The provisions of §502.7 of this Zoning Ordinance shall expire as of 12:00 midnight on ~~March 1, 2023~~ March 1, 2025, unless renewed by the Town Council in the same manner as the enactment of a new ordinance.