The Administrative Officer shall be responsible for the administration
of these Subdivision and Land Development Regulations, and shall report
to the Planning Board. The duties and responsibilities of the Administrative
Officer are as follows:
(1)
Oversight and coordination of the review, approval, recording and
enforcement provisions of these Regulations;
(2)
Coordination of the review and approval procedures for subdivision
and land development projects with adjacent municipalities, local
governing boards and commissions, state and federal permitting agencies,
abutters and as directed by these Regulations and/or the Planning
Board; and
(3)
Enforcement of these Regulations and coordination of enforcement
efforts with other Town staff.
(1)
Regulations pertaining to the Land Development and Subdivision Review
process may be adopted, repealed, or amended only after a public hearing
has been held upon the question before the Planning Board. The Planning
Board shall first give notice of the public hearing by publication
of notice in a newspaper of general circulation within the Town of
Cumberland at least once each week for three consecutive weeks prior
to the date of the hearing, which may include the week in which the
hearing is to be held. At this hearing, opportunity shall be given
to all persons interested to be heard upon the matter of the proposed
Regulations. Written notice, which may be a copy of the newspaper
notice, shall be mailed to the Associate Director of the Division
of Planning of the Rhode Island Department of Administration at least
two weeks prior to the hearing.
(2)
The newspaper notice shall be published as a display advertisement,
using a type size at least as large as the normal type size used by
the newspaper in its news articles, and shall:
a.
Specify the place of said hearing and the date and time of its commencement;
b.
Indicate that adoption, amendment or repeal of local regulations
is under consideration;
c.
Contain a statement of the proposed amendments to the regulations
that may be printed once in its entirety, or may summarize or describe
the matter under consideration;
d.
Advise those interested where and when a copy of the matter under
consideration may be obtained or examined and copied; and
e.
State that the proposals shown therein may be altered or amended
prior to the close of the public hearing without further advertising,
as a result of further study or because of the views expressed at
the public hearing. Any such alteration or amendment must be presented
for comment in the course of said hearing.
(3)
Notice of the public hearing shall be sent by first class mail to
the city or Town Planning Boards of any municipality where there is
a public or quasi-public water source, or private water source that
is used or is suitable for use as a public water source, located within
2,000 feet of the Town of Cumberland.
(4)
Notice of a public hearing shall be sent to the governing body of
any state or municipal water department or agency, special water district,
or private water company that has riparian rights to a surface water
resource and/or surface watershed that is used or is suitable for
use as a public water source located within either the Town of Cumberland
or 2,000 feet of the Town, provided, however, that a map survey has
been filed with the Building Official as specified in RIGL § 45-24-53(E).
(5)
No defect in the form of any notice under this section shall render
any Regulations invalid, unless such defect is found to be intentional
or misleading.
(6)
The above requirements are to be construed as minimum requirements.
Printed copies of these Regulations shall be available to the
general public and shall be revised to include all amendments. Any
appendices shall also be available. A reasonable charge may be made
for copies.
Upon publication of these Regulations and any amendments hereto,
the Town shall send a copy to the Rhode Island Department of Administration's
Division of Planning and the State Law Library.
A fee schedule is hereby established in Appendix A attached
hereto and made a part hereof by reference. The Planning Board may
from time to time amend or otherwise alter such fee schedule by amendment
to these Regulations.
(1)
Violations.
a.
Any person who fails or refuses to adhere to all of the terms and
conditions of any subdivision of land or development plan that has
been approved by the Cumberland Planning Board or the Administrative
Officer shall be in violation of these Regulations.
b.
Any owner, or agent of the owner, who transfers, sells, or negotiates
to sell any land by reference to or exhibition of, or by other use,
a plat of the subdivision before the plat has been approved by the
Planning Board and recorded in the Land Evidence Records shall be
in violation of these Regulations.
c.
Any person who, having submitted an application for subdivision or
development approval, begins construction of the subdivision or development,
or constructs any structure or improvement on the parcel, without
having first received approval from the Planning Board or the Administrative
Officer, shall be in violation of these Regulations.
(2)
Penalties for Violations. Any person adjudged in violation of these
Regulations shall be liable for penalties not to exceed $300 per day,
and each day of existence of a violation shall be deemed a separate
offense.
(3)
Injunctive Relief. The Town of Cumberland shall have the authority
to bring suit in Providence County Superior Court to restrain the
violation of, or compel compliance with, the provisions of these Regulations.
An action for injunctive relief brought by the Town of Cumberland
in the Superior Court may be consolidated with an action seeking penalties
for violations of these Regulations.
(1)
Prior to approval of any subdivision or land development project,
the Board shall make positive findings on all of the standards listed
below and address the general purposes stated in § 1.C of
these Regulations.
a.
The proposed development is consistent with the Cumberland Comprehensive
Community Plan, as amended, and/or has satisfactorily addressed the
issues where there may be inconsistencies;
b.
The proposed development is in compliance with the standards and
provisions of Cumberland's Zoning Ordinance;
c.
There will be no significant negative environmental impacts from
the proposed development as shown on the final plan, with all required
conditions of approval;
d.
Subdivisions, as proposed, will not result in the creation of individual
lots with such physical constraints to development that building on
those lots according to pertinent regulations and building standards
would be impracticable. Lots with such physical constraints to development
may be created only if identified as permanent open space or permanently
reserved for a public purpose on the approved, recorded plans; and
e.
All land developments and all subdivision lots shall have adequate
and permanent physical access to a public street. Lot frontage on
a public street without physical access shall not be considered compliance
with this requirement.
(2)
In approving a project subject to Development Plan Review, the Planning
Board, or the Zoning Board (depending on which Board is the permitting
authority), shall make the positive findings required in the Zoning
Ordinance.
(3)
Except for Administrative Subdivisions, findings of fact must be
supported by legally competent evidence on the record which discloses
the nature and character of the observation upon which the fact finders
acted.
(1)
Zoning Board.
a.
Where an applicant requires both a variance from the Zoning Ordinance
and Planning Board approval, the applicant shall first obtain an advisory
recommendation from the Planning Board, as well as conditional Planning
Board approval for the first approval stage for the proposed project,
which may be simultaneous, then obtain conditional Zoning Board relief,
and then return to the Planning Board for subsequent required approval(s).
b.
Where an applicant requires both a special-use permit under the Zoning
Ordinance and Planning Board approval, the applicant shall first obtain
an advisory recommendation from the Planning Board, as well as conditional
Planning Board approval for the first approval stage for the proposed
project, which may be simultaneous, then obtain a conditional special-use
permit from the Zoning Board, and then return to the Planning Board
for subsequent required approvals.
(2)
Town Council. Where an applicant requires both Planning Board approval
and Town Council approval for a zoning ordinance or zoning map change,
the applicant shall first obtain an advisory recommendation on the
zoning change from the Planning Board, as well as conditional Planning
Board approval for the first approval stage for the proposed project,
which may be simultaneous, then obtain a conditional zoning change
from the Council, and then return to the Planning Board for subsequent
required approvals.
(1)
Waiver of Development Plan Approval. The Planning Board may waive
requirements for development plan approval when there is a change
in use or occupancy and no extensive construction of improvements
is sought. The waiver may be granted only by a decision by the Planning
Board finding that the use will not affect existing drainage, circulation,
relationship of buildings to each other, landscaping, buffering, lighting
and other considerations of development plan approval, and that the
existing facilities do not require upgraded or additional site improvements.
The application for a waiver of development plan approval review shall
include documentation, as required by the Planning Board, on prior
use of the site, the proposed use, and its impact.
(2)
Waiver and/or Modification of Requirements. The Planning Board may
grant waivers and/or modifications from the requirements for land
development and subdivision projects as may be reasonable and within
the general purposes and intents of the provisions of these Regulations.
The only grounds for such waivers and/or modifications shall be where
the literal enforcement of one or more provisions of the Regulations
is impracticable and will exact undue hardship because of peculiar
conditions pertaining to the land in question or where such waiver
and/or modification is in the best interest of good planning practices
and/or design as evidenced by consistency with the Cumberland Comprehensive
Community Plan and the Cumberland Zoning Ordinance.
(3)
The Planning Board shall approve, approve with conditions, or deny
the request for either a waiver or modification, according to the
requirements of Section J hereinbelow.
(1)
When an applicant has exceeded a deadline established by these Regulations
for submission of material thereby rendering a previously granted
approval invalid, the application may be reinstated by the Planning
Board under the following conditions:
a.
The development is consistent with the Town of Cumberland's Comprehensive
Plan;
b.
The Land Development and Subdivision Regulations are the same as
they were at the time of original approval;
c.
The zoning classification of the parcel is the same as it was at
the time of original approval;
d.
Physical conditions on the parcel are the same as they were at the
time of original approval; and,
e.
Any applicable State or Federal Regulations are the same as they
were at the time of original approval.
(2)
Application for reinstatement of a previously approved subdivision
or land development shall be made to the Planning Board in writing.
The Planning Board, in approving or denying the request for reinstatement,
shall make findings of fact, which shall be made part of the record.
(3)
Where there have been changes in the items as listed above, the Planning
Board may grant reinstatement only after a Public Hearing with the
abutters.
All records of the Planning Board proceedings and decisions
shall be written and kept permanently available for public review.
Completed applications for proposed development and subdivision projects
under review by the Planning Board, shall be available for public
review.
Participation in a Planning Board meeting or other proceedings
by any party shall not be a cause for civil action or liability except
for acts not in good faith, intentional misconduct, knowing violation
of law, transactions where there is an improper personal benefit,
or malicious, wanton, or willful misconduct.
All final written comments to the Planning Board from the Administrative
Officer, municipal departments, state and federal agencies, and local
commissions shall be part of the permanent record of the development
application.
All votes of the Planning Board shall be made part of the permanent
record and shall show the members present and their votes. A decision
by the Planning Board to approve any land development or subdivision
application shall require a vote for approval by a majority of the
current Planning Board membership (i.e. a majority of the full Board's
membership regardless of the number of members present at the meeting).
Approved Final Plans and plats for development projects and
subdivisions shall be signed by the appropriate Planning Board official
with the date of approval. Plans and plats for Major and Minor Land
Development projects and Subdivisions shall be signed by the Planning
Board Chair-person or the Secretary of the Planning Board attesting
to the approval by the Planning Board.
Upon signature, all plans and plats shall be submitted to the
Administrative Officer prior to recording and filing in the Town Clerks'
land evidence records. The materials to be recorded for all plats
and plans shall include all pertinent plans with notes thereon concerning
all the essential aspects of the approved project design, the implementation
schedule, special conditions placed on the development by the Planning
Board, permits and agreements with state and federal reviewing agencies,
and other information as required by the Planning Board.
Other parts of the application record, including all meeting
records, approved Master Plan and Preliminary Plans, site analysis,
impact analyses, all legal agreements, records of the public hearings
and the entire final approval set of drawings shall be kept permanently
by the Department of Planning and Community Development.
The Administrative Officer shall notify the statewide "911"
emergency authority and the Town Police Department and appropriate
Fire Department servicing the new plat with the information required
by each of the authorities.
For all changes to the approved plans subject to these Regulations,
an amendment of the Final Plans is required prior to the issuance
of any building permits. Any changes approved in the Final Plan shall
be recorded as amendments of the Final Plan in accordance with the
standard procedures established for recording plats.
(1)
Minor Changes. Minor changes, as defined in the these Regulations,
to a Final Plan may be approved administratively by the Administrative
Officer, whereupon a permit may be issued. Such changes may be authorized
without additional public hearings, at the discretion of the Administrative
Officer. All such changes shall be made part of the permanent record
of the project application. This provision shall not prohibit the
Administrative Officer from requesting a recommendation from the Planning
Board. Denial of the proposed change(s) shall be referred to the Planning
Board for review as a major change.
(2)
Major Changes. Major changes, as defined in these Regulations, to
a Final Plan may be approved, only by the Planning Board and must
follow the same review and public hearing process required for approval
of Preliminary Plans as described herein.
(3)
Rescission Procedure. The Planning Board, only upon application by all landowners of the plat to be affected, may determine that the application for plat rescission is not consistent with the Cumberland Comprehensive Plan, as amended, and is not in compliance with the standards and provisions of the Cumberland Zoning Ordinance and/or these Regulations and shall hold a public hearing which adheres to the same notice requirements as a Major Subdivision or Development project. The Planning Board shall approve, approve with conditions or modifications, or deny the application for rescission of the plat. If it is necessary to abandon any street covered under Chapter 6 of Title 24 of the RI General Laws, the Planning Board shall submit to the Town Council the documents necessary for the abandonment process. Once the required process for rescission or for the rescission and abandonment has been completed, the revised plat shall be signed and recorded as specified in these Regulations.
An appeal to the Board of Appeals from a decision or action
of the Planning Board or Administrative Officer may be taken by an
aggrieved party to the extent provided herein.
(1)
The Board of Appeals. The Zoning Board of Review of the Town of Cumberland
shall serve as the Board of Appeals to hear appeals of decisions of
the Planning Board or the Administrative Officer on matters of review
and approval of land development projects, subdivisions, and projects
subject to Development Plan Review.
(2)
Process of Appeals. An appeal must be taken within 20 days after
the decision has been recorded and posted in the Office of the Town
Clerk. Appeals shall be in writing and shall state clearly and unambiguously
the issue of decision which is being appealed, the reason for the
appeal, and the relief sought. The appeal shall either by sent by
certified mail, with a return receipt requested, or shall be hand-delivered
to the Town Clerk who shall accept delivery on behalf of the Board
of Appeals.
Upon receipt of an appeal, the Board of Appeals shall require
the Planning Board or Administrative Officer to transmit forthwith
to the Board of Appeals, all papers, documents and plans, or a certified
copy thereof, constituting the record of the action which is being
appealed.
An appeal, when duly received, shall stay all proceedings in
furtherance of the action being appealed.
(3)
Public Hearing. The Board of Appeals shall hold a public hearing
on the appeal within 45 days of receipt of the appeal, give public
notice thereof, as well as due notice to the parties of interest.
At the hearing any party may appear in person, or may be represented
by an agent or attorney. The Board shall render a decision within
10 days of the close of the public hearing. The cost of any notice
required for the hearing shall be borne by the appellant.
The Board of Appeals shall only hear appeals of the actions
of the Planning Board or Administrative Officer at a meeting called
especially for the purpose of hearing such appeals and which has been
so advertised.
The hearing, which may be held on the same date and at the same
place as a meeting of the Zoning Board of Review, must be held as
a separate meeting from any Zoning Board of Review meeting. Separate
minutes and records of votes shall be maintained by the Board of Appeals.
(4)
Standards of Review. In instances of a Board of Appeals review of
a Planning Board or Administrative Officer's decision on matters subject
to these Regulations, the Board of Review shall not substitute its
own judgment for that of the Planning Board or the Administrative
Officer, but rather, must consider the issue upon the findings and
record of the Planning Board or Administrative Officer. The Board
of Appeals shall not reverse a decision of the Planning Board or Administrative
Officer except of findings of prejudicial procedural error, clear
error, or lack of support by the weight of evidence in the record.
Appeals from a decision granting or denying approval of a Final Plan
shall be limited to elements of the approval or denial not contained
in the decision reached by the Planning Board at the Preliminary stage
providing that a public hearing has been held on the Plan.
The concurring vote of three of the five members of the Board
of Appeals sitting at a hearing, shall be necessary to reverse any
decision of the Planning Board or Administrative Officer.
In the instance where the Board of Appeals overturns a decision
of the Planning Board or Administrative Officer, the proposed project
application shall be remanded to the Planning Board or Administrative
Officer, at the stage of processing from which the appeal was taken,
for further proceedings before the Planning Board or Administrative
Officer and/or for the final disposition, which shall be consistent
with the Board of Appeals decision.
The Board of Appeals shall keep complete records of all proceedings
including a record of all votes taken, and shall put all decisions
on appeals in writing. The Board of Appeals shall include in the written
record the reasons for each decision.
An aggrieved party may appeal a decision of the Board of Appeals,
to the Superior Court of Providence County by filing a complaint setting
forth the reasons of appeal within 20 days after the decision has
been recorded and posted in the Office of the Town Clerk. The Board
of Appeals shall file the original documents acted upon by it and
constituting the record of the case appealed from, or certified copies
thereof, together with such other facts as may be pertinent, with
the clerk of the Court within 30 days after being served with a copy
of the complaint. When the complaint is filed by someone other that
the original applicant or appellant, such original applicant or appellant
and the members of the Planning Board shall be made parties to the
proceedings. The appeal shall not stay proceedings upon the decision
appealed from, but the Court may, in its discretion, grant a stay
on appropriate terms and make such other orders as it deems necessary
from an equitable disposition of the appeal.
The review shall be conducted by the Superior Court without
a jury. The Court shall consider the record of the hearing before
the Planning Board and, if it shall appear to the Court that additional
evidence is necessary for the proper disposition of the matter, it
may allow any party to such appeal to present such evidence in open
court, which evidence, along with the report, shall constitute the
record upon which the determination of the Court shall be made.
The Court shall not substitute its judgment for that of the
Planning Board as to the weight of the evidence on questions of fact.
The Court may affirm the decision of the Board of Appeals or remand
the case for further proceedings, or may reverse or modify the decision
if substantial rights of the appellant have been prejudiced because
of findings, inferences, conclusions or decisions which are:
(1)
In violation of constitutional, statutory, ordinance or Planning
Board Regulations or provisions;
(2)
In excess of the authority granted to the Planning Board by statute
or ordinance;
(3)
Made upon unlawful procedure;
(4)
Affected by other error of law;
(5)
Clearly erroneous in view of the reliable, probative, and substantial
evidence of the whole record; or
(6)
Arbitrary or capricious or characterized by abuse of discretion or
clearly unwarranted exercise of discretion.
An appeal of an enactment of or an amendment of these Regulations
may be taken to the Superior Court of Providence County by filing
a complaint, as set for the herein, within 30 days after such enactment,
or amendment has become effective. The appeal may be taken by any
legal resident or landowner of the Town of Cumberland or by any association
of residents or landowners thereof. The appeal shall not stay the
enforcement of the Regulations, as enacted or amended, but the Court
may, in its discretion, grant a stay on appropriate terms, which may
include the filing of a bond, and make such other orders as it deems
necessary for an equitable disposition of the appeal.
The complaint shall set forth with specificity the area or areas
in which the enactment or amendment is not consistent with the Comprehensive
Planning Act, Chapter 45-22.2; the Zoning Enabling Act of 1991, § 45-24-27
et seq; the Cumberland Comprehensive Plan, as amended, or the Cumberland
Zoning Ordinance.
The review shall be conducted by the Court without a jury. The
Court shall consider whether the enactment or amendment of the Regulations
is consistent with the Comprehensive Planning Act, Chapter 45-22.2;
the Zoning Enabling Act of 1991, § 45-24-27 et. seq., the
Cumberland Comprehensive Plan, as amended, or the Cumberland Zoning
Ordinance. If the enactment or amendment is not consistent, then the
Court shall invalidate the enactment or the amendment, or those parts
of such enactment or amendment that are not consistent. The Court
shall not revise the Regulations found to be inconsistent, but may
suggest appropriate language as part of the Court decision.
The Court may in its discretion, upon motion of the parties
or on its own motion, award reasonable attorney's fees to any party
to an appeal, as set forth herein, including the Town of Cumberland.
If any portion of these rules, Regulations or determinations
made hereunder, or the application thereof to any person, agency or
circumstances, is held invalid by a court of competent jurisdiction,
the remainder of the rules, Regulations or determination and the application
of such provisions to other persons, agencies, or circumstances shall
not be affected thereby. The invalidity of any section or sections
of these Regulations shall not affect the validity of the remainder
of these Regulations.
