The Administrative Officer shall advise the applicant as to
which approvals are required and the appropriate board for hearing
an application for a subdivision or development project. Fees normally
collected at each stage of the review process will not be waived.
The following types of applications may be filed.
(1)
Administrative Subdivision. The Administrative Subdivision consists
of a single stage of review conducted by the Administrative Officer,
to determine that the proposed subdivision conforms to applicable
zoning and subdivision requirements. Property boundary surveys and
lot mergers will be reviewed in the same manner as an Administrative
Subdivision.
If the proposed subdivision does not conform to applicable Zoning
and Subdivision Regulations, the subdivision must be referred to the
Planning Board for review and approval.
(2)
Minor Subdivision or Minor Land Development Plan. Minor Subdivision/Minor
Land Development shall consist of two stages, Preliminary and Final.
The Planning Board may, at its discretion, combine the approval stages,
providing that all of the requirements of all stages being combined
have been met. If a street extension or creation is required, then
a Public Hearing shall be held.
(3)
Major Subdivision or Major Land Development Plan. A Major Subdivision/Major
Land Development shall consist of the following submissions:
a.
Pre-Application or Concept Plan Meeting;
b.
Master Plan;
c.
Preliminary Plan; and
d.
Final Plan.
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A public informational meeting will coincide with the Board's
review of the Master Plan. A public hearing will coincide with the
Board's review of the Preliminary Plan. The Planning Board may, at
its discretion, combine the approval stages, providing that the requirements
of all those stages being combined have been met.
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(4)
Development Plan Review. As specified in the Zoning Ordinance, the
Development Plan Review will be subject to a review process similar
to that of a Minor Subdivision or Minor Land Development project.
An application shall be complete for purposes of commencing
the applicable time period for action when so certified by the Administrative
Officer. In the event such certification of the application is not
made within the time specified in these Regulations for the type of
plan, the application shall be deemed complete for purposes of commencing
the review period unless the application lacks information required
for such applications as specified in the local Regulations and the
Administrative Officer has notified the applicant, in writing, of
the deficiencies in the application.
The Planning Board may subsequently require correction of any
information found to be in error and submission of additional information
specified in the Regulations but not required by the Administrative
Officer prior to certification, as is necessary to make an informed
decision.
Where the review is postponed with the consent of the applicant,
pending further information or revision of information, the time period
for review shall be stayed and shall resume when the Administrative
Officer or the Planning Board determines that the required application
information is complete.
For the purposes of calculating the mandatory review periods
as provided in these Regulations, all days shall be considered calendar
days.
Every submission must be accompanied by a General Application
for Subdivision or Development, as contained in Appendix B. If the
applicant is not the property owner, the application must include
a notarized statement authorizing the submission of the proposed development.
The specific submission requirements for each stage of a proposed
development are contained in Appendix C. Plans must illustrate all
parcels, in their entirety, involved in the proposed subdivision or
development. The number of plans that needs to be submitted depends
on the type of submission, whether the Plan must be reviewed by the
Planning Board, and the project's location. The checklists in Appendix
C provide further guidance on this matter, however, the number of
copies necessary can always be confirmed with the Administrative Officer.
One or more pre-application meetings shall be held for all Major
Land Development or Subdivision applications. Pre-application meetings
may be held for Administrative, Minor, and Development Plan Review
applications, upon request of either the Planning Board or the applicant.
Preapplication meetings shall allow the applicant to meet with appropriate
officials, boards and/or commissions, planning staff, and, where appropriate,
state agencies, for advice as to the required steps in the approvals
process, the pertinent local plans, ordinances, regulations, rules
and procedures and standards which may bear upon the proposed development
project. Pre-application meetings aim to encourage information sharing
and discussion of project concepts among the participants. Pre-application
discussions are intended for the guidance of the applicant and shall
not be considered approval of a project or its elements. At the Pre-application
stage the applicant may request that the Planning Board informally
review a development concept. The purpose of the concept plan review
is also to provide Planning Board input in the formative stages of
Major Subdivisions and developments.
Review process. Applicants seeking a Preapplication meeting
or an informal concept review shall submit the materials outlined
in Appendix C in advance of the meeting(s). The Administrative Officer
shall have 15 days to certify that a Pre-application Submission is
complete or incomplete. Within 45 days after the submission has been
certified as complete, the pre-application meeting will be held.
Provided that at least one pre-application meeting has been
held for a Major Land Development or Subdivision application or 60
days has elapsed from the filing of the Pre-application Submission
and no pre-application meeting has been scheduled to occur within
those 60 days, nothing shall be deemed to preclude an applicant from
thereafter filing and proceeding with an application for a land development
or subdivision project in accordance with § 45-23-36 of
the Enabling Act.
(a)
Submission requirements. Any applicant requesting approval of a proposed
Administrative Subdivision, as defined in these Regulations, shall
submit to the Administrative Officer the items required in Appendix
C.
(b)
Certification. The applicant shall be certified as complete or incomplete
by the Administrative Officer within a fifteen-day period from the
date of its submission.
(c)
Review process. Within 15 days of certification of completeness,
the Administrative Officer shall review the application and approve,
deny or refer it to the Planning Board with recommendations. The officer
shall report his/her actions to the Planning Board at its next regularly
scheduled meeting, to be made part of the record.
(1)
If no action is taken by the Administrative Officer within the
15 days, the application shall be placed on the agenda of the next
regularly scheduled Planning Board meeting.
(2)
Any approval of an Administrative Subdivision shall be evidenced
by a written decision which shall be filed and posted in the Office
of the Town Clerk.
(d)
Referral. If referred to the Planning Board, the Board shall consider
the application and the recommendations of the Administrative Officer
and shall either approve, approve with conditions, or deny the application
within 65 days of certification completeness. Failure of the Planning
Board to act within the prescribed period shall constitute approval
of the Administrative Subdivision Plan and a certification of the
Administrative Officer as to failure of the Planning Board to act
within the required time period and the resulting approval shall be
issued on request of the applicant.
(e)
Denial. Denial of an application by the Administrative Officer shall
be not appealable and shall require the plan to be submitted as a
Minor Subdivision application.
(f)
Vesting. Approval of an Administrative Subdivision shall expire 90
days from the date of approval unless within such period a plat in
conformity with such approval is submitted for signature and recorded.
(a)
Review stages. Minor Land Development and Subdivision Plan review
and Development Plan Review shall consist of two stages, Preliminary
and Final, provided, that if a street creation or extension is involved,
a public hearing is required. The Planning Board may combine the approval
stages, providing requirements for both stages have been met by the
applicant to the satisfaction of the Planning Board. Construction
of previously platted streets shall not be considered creation or
extension of streets.
(b)
Submission requirements. Any applicant requesting approval of a Minor
Subdivision, Minor Land Development project, or development plan pursuant
to Development Plan Review shall submit to the Administrative Officer
the items identified hereinafter in Appendix C.
(c)
Certification. The applicantion shall be certified complete or incomplete
by the Administrative Officer within 25 days or within 15 days if
no street creation or extension is required. The running of the time
period set forth in this section shall be deemed stopped upon the
issuance of a Certificate of Incompleteness of the application by
the Administrative Officer and shall recommence upon the resubmission
of a corrected application by the applicant. However, in no event
shall the Administrative Officer be required to certify a corrected
submission as complete or incomplete less than 14 days after its resubmission.
(d)
Notice.
(1)
Notice of a public meeting for Minor Land Development, Minor Subdivision, or Development Plan Review shall be mailed to property owners within the notice area as defined in § 2 by first class mail, postage prepaid. Such notice shall contain the name of the proposed subdivider or developer; the location of the property by assessor's plat and lot, and street address if available, and the date, time and place of the public meeting on such matter before the Planning Board.
(2)
If a street creation or extension is required, notice of the
public hearing shall be made in accordance with the same requirements
of public hearings for Preliminary submissions of Major Subdivisions
or Land Developments.
(e)
Reassignment to major review. The Planning Board may re-assign a
proposed Minor project to Major review only when the Planning Board
is unable to make the positive findings necessary for approval.
(f)
Decision. If no street creation or extension is required, the Planning
Board shall approve, deny, or approve with conditions, the Preliminary
Plan within 65 days of certification of completeness, or within such
further time as is agreed to by the applicant and the Board. If a
street extension or creation is required, the Planning Board shall
hold a public hearing prior to approval according to the same requirements
of a Major Land Development or Subdivision public hearing and shall
approve, deny, or approve with conditions, the Preliminary Plan within
95 days of certification of completeness, or within such further time
as is agreed to by the applicant and the Board.
(g)
Failure to act. Failure of the Planning Board to act within the prescribed
period shall constitute approval of the Preliminary Plan and a certificate
of the Administrative Officer as to the failure of the Planning Board
to act within the required time period and the resulting approval
shall be issued at the request of the applicant.
(h)
Final Plan. The applicant shall submit to the Administrative Officer
the items required for Final Plan in Appendix C, including all materials
required by the Planning Board when the application was given Preliminary
approval, as well as arrangements for completion of the required public
improvements, including construction schedule and/or financial guarantees
and certification by the Tax Collector that all property taxes are
current. The Planning Board may delegate Final Plan review and approval
to the Administrative Officer. The Officer shall report his/her findings
to the Planning Board at its next regularly scheduled meeting, to
be made a part of the record.
(i)
Vesting. Approval of a Minor Land Development or Subdivision Plan
shall expire 90 days from the date of approval unless within such
period a plat or plan, in conformity with such approval, is submitted
for signature and recording as defined in these Regulations in Appendix
C. Approval of a Development Plan, pursuant to Development Plan Review,
shall expire one year from the date of approval unless within such
period the applicant obtains all necessary building permits associated
with the project. Validity may be extended for a longer period, for
cause shown if requested by the applicant in writing prior to the
expiration of the period, and approved by the Planning Board.
Major Plan review shall be required of all applications for
land development and subdivision approval subject to these Regulations,
unless classified as an Administrative Subdivision, Minor Land Development
project, Minor Subdivision, or development plan pursuant to the Development
Plan Review Ordinance.
It should be noted that projects undergoing Major Plan review
may later be subject to Development Plan Review on an individual lot
or use basis. For example, if a proposed use is unknown during the
subdivision or land development project review process, it may later
be subject to the Development Plan Review process.
Major Plan review shall consist of three stages of review: Master
Plan, Preliminary Plan and Final Plan, following the required pre-application
meeting(s). Also required is a public information meeting and a public
hearing.
The Planning Board may vote to combine review stages and to
modify and/or waive requirements as specified in these Regulations.
Review stages may be combined by the Planning Board only after the
Board determines that all necessary requirements of all stages being
combined have been met by the applicant.
1.
Master Plan.
a.
Submission requirements. The applicant shall first submit to the
Administrative Officer the items that are discussed below and further
specified in Appendix C.
Initial comments shall be solicited from (a) local agencies
including, but not limited to, the Planning and Community Development
Department, the Department of Public Works, Fire, Police and Rescue
Departments, the Conservation and Recreation Commissions; (b) adjacent
communities; (c) state agencies, as appropriate, including the Rhode
Island Department of Environmental Management and the Rhode Island
Department of Transportation; and (d) federal agencies, as appropriate.
The Administrative Officer shall coordinate review and comments by
local officials, adjacent communities, and the state and federal agencies.
b.
Certification. The application shall be certified complete or incomplete
by the Administrative Officer within 60 days. The running of the time
period set forth in this section shall be deemed stopped upon the
issuance of a Certificate of Incompleteness of the application by
the Administrative Officer and shall recommence upon the resubmission
of a corrected application by the applicant. However, no in no event
shall the Administrative Officer be required to certify a corrected
submission as complete or incomplete less than 14 days after its resubmission.
c.
Informational meeting. A public informational meeting shall be held
prior to the Planning Board decision on the Master Plan, unless the
Master Plan and Preliminary Plan approvals are being combined, in
which case the public informational meeting shall be optional, based
upon Planning Board determination.
d.
Decision. The Planning Board shall, within 120 days of certification
of completeness, or within such further time as may be consented to
by the applicant, approve of the Master Plan as submitted, approve
with changes and/or conditions, or deny the application.
e.
Failure to act. Failure of the Planning Board to act within the period
prescribed shall constitute approval of the Master Plan and a certificate
of the Administrative Officer as to the failure of the Planning Board
to act within the required time and the resulting approval shall be
issued at the request of the applicant.
f.
Vesting. The approved Master Plan shall be vested for a period of
one year, with a one-year extension possible upon the written request
of the applicant, who must appear before the Planning Board for an
annual review. Vesting may be extended for a longer period, for good
cause shown, if requested by the application prior to the expiration
of the approval date, in writing, and approved by the Planning Board.
Master Plan vesting shall include the zoning requirements, conceptual
layout and all conditions shown on the approved Master Plan drawings
and supporting materials.
The initial two-year vesting for the approved Master Plan shall
constitute the vested rights for the development, as required in § 45-24-44.
2.
Preliminary Plan.
a.
Submission requirements. The applicant shall first submit to the
Administrative Officer the items required in Appendix C for a Preliminary
Plan.
(1)
At the Preliminary Plan review phase, the Administrative Officer
shall solicit final written comments and/or approvals of the Department
of Public Works, Town Engineer, the Town Solicitor, local Water and
Sewer Departments, the local Highway Department in regards to local
roads, and other local government departments, commissions, or authorities
as appropriate.
(2)
Prior to approval of the Preliminary Plan, copies of all legal
documents describing the property, proposed easements and rights-of-way
must also be submitted.
b.
Certification. The application shall be certified as complete or
incomplete by the Administrative Officer within 60 days. The running
of the time period set forth in this section shall be deemed stopped
upon the issuance of a Certificate of Incompleteness of the application
by the Administrative Officer and shall recommence upon the resubmission
of a corrected application by the applicant. However, no in no event
shall the Administrative Officer be required to certify a corrected
submission as complete or incomplete less than 14 days after its resubmission.
c.
Public Hearing. Prior to Planning Board decision on the Preliminary Plan, a public hearing, which adheres to the requirements for notice described in Subsection 3, hereinbelow, must be held.
d.
Public improvement guarantees. Proposed arrangements for completion
of the required public improvements, including construction schedule
and/or financial guarantees shall be reviewed and approved by the
Planning Board at the Preliminary Plan approval.
e.
Decision. A complete application for a Major Subdivision or Development
Plan shall be approved, approved with conditions or denied within
120 days of the date when it is certified complete, or within such
further time as may be consented to by the developer.
f.
Failure to act. Failure of the Planning Board to act within the period
prescribed shall constitute approval of the Preliminary Plan and a
certificate of the Administrative Officer as to the failure of the
Planning Board to act within the required time and the resulting approval
shall be issued at the request of the applicant.
Vesting. The approved Preliminary Plan shall be vested for a
period of one year and vesting may be extended for a longer period,
for good cause shown, if requested in writing by the applicant prior
to the expiration of the deadline, and approved by the Planning Board.
The vesting for the Preliminary Plan approval shall include all general
and specific conditions as shown on the approved Preliminary Plan
drawings and supporting materials.
3.
Public Hearing and Notice.
A public hearing shall be required for a Major Land Development
project, Major Subdivision, or where a street extension or creation
requires a public hearing for Minor Land Development or Subdivision
review or Development Plan Review.
a.
Advertising. Public notice of the hearing shall be given at least
14 days prior to the date of the hearing in a newspaper of general
circulation within the Town following the Town's usual and customary
practices for such advertising.
b.
Certified mail. Notice shall be sent to the applicant and to each owner of property within the notice area as defined in § 2, by certified mail, return receipt requested, of the time and place of the hearing not less that 10 days prior to the date of the hearing. Such notice shall also include the street address of the subject property, or if no street address is available, the distance from the nearest intersection in 1/10 of a mile.
c.
Projects near water supplies. Notice of the public hearing shall
also be sent by first class mail to the city or Town Planning Board
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 municipal
boundaries.
Notice of the public hearing shall also 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 surface water resource and/or surface watershed that is used or
is suitable for use as public water source located within either the
Town, or 2,000 feet of the municipal boundaries, provided, however,
that a map survey has been filed with the Building Inspector as specified
in § 45-24-53(E) of the General Laws of Rhode Island.
d.
Projects near adjacent municipalities. Notice of the public hearing
shall be sent by the Administrative Officer to the Administrative
Officer of an adjacent municipality if (1) the notice area extends
into the adjacent municipality, or (2) the development site extends
into the adjacent municipality, or (3) there is a potential for significant
negative impact on the adjacent municipality.
e.
Notice costs. The cost of all such notices and advertisement shall
be borne by the applicant, as identified in Appendix A. Fee Schedule.
4.
Final Plan.
a.
Submission requirements. The applicant shall submit to the Administrative
Officer the items required for Final Plan in Appendix C, including
all materials required by the Planning Board when the application
was given Preliminary approval, as well as arrangements for completion
of the required public improvements, including construction schedule
and/or financial guarantees and certification by the Tax Collector
that all property taxes are current.
For phased projects, the Final Plan for phases following the
first phase, shall be accompanied by copies of as-built drawings not
previously submitted of all existing public improvements for prior
phases.
b.
Certification. The application for Final Plan approval shall be certified
complete or incomplete by the Administrative Officer within 45 days.
If the Administrative Officer certifies the application as complete
and the Planning Board did not require the submission to the Planning
Board, the Final Plan shall be considered approved.
c.
Referral to the Planning Board. If the Administrative Officer determines
that an application for Final approval does not meet the requirements
set by the Regulations or by the Planning Board at the Preliminary
approval, the Administrative Officer shall refer the Final Plans to
the Planning Board for review. The Planning Board shall, within 45
days after the certification of completeness, or within such further
time as may be consented to by the applicant, approve or deny the
Final Plan as submitted.
d.
Failure to act. Failure of the Planning Board to act within the period
prescribed shall constitute approval of the Final Plan and a certificate
of the Administrative Officer as to the failure of the Planning Board
to act within the required time and the resulting approval shall be
issued at the request of the applicant.
e.
Recording. The Final approval of a Major Subdivision or Land Development
project shall expire one year from the date of approval unless, within
that period, the plat or plan shall have been submitted for signature
and recording as specified in these Regulations. The Planning Board
may, for good cause shown, extend the period for recording for an
additional period not to exceed one year.
f.
Acceptance of public improvements. Signature and recording as specified
in these Regulations shall constitute the acceptance by the Town of
any street or other public improvements or other land intended for
dedication. Final Plan approval shall not impose any duty upon the
Town to maintain or improve those dedicated areas until the Town Council
accepts the completed public improvements as constructed in compliance
with the Final Plans.
g.
Validity of recorded plans. The approved Final Plan, once recorded,
shall remain valid as the approved plan for the site unless and until
an amendment to the plan is approved under the procedures set forth
in these Regulations, or a new plan is approved by the Planning Board.
(a)
The Planning Board may allow or require the construction of Major
Land Developments and/or Subdivisions to be divided into reasonable
phases. Land should be subdivided logically, with a plan for the property's
complete buildout such that the road network, utilities, etc. take
into account all the needs of future lots. As such, the Planning Board
may require the submission of a Master Plan that illustrates a parcel's
buildout even when the developer only wishes to proceed with construction
in phases. When considering a phased development, the Planning Board
will require the following:
(1)
Approval of the entire site design first as a Master Plan. Thereafter
the development plans may be submitted for Preliminary and/or Final
review and/or approval by phases. The Master Plan documents must contain
information on the physical limits of the phases, the schedule and
sequence of public improvement installation, improvement guarantees,
and the completion schedules for approvals and construction of the
phases.
(2)
All public improvements must be completed on each phase before
work begins on a subsequent phase. Each phase must be designed and
constructed to stand alone should additional phases of the project
be delayed for any reason.
(b)
The Master Plan shall remain vested in accordance with the standard
Master Plan vesting regulations and as long as it can be proved, to
the satisfaction of the Planning Board, that work is proceeding on
the construction of the development as shown in the approved Master
Plan documents, and that the overall development plan has not significantly
changed. Significant changes include, but are not limited to: sale
of a portion of the parcel, and/or the submission of a Preliminary
Plan not in conformance with the Master Plan. Every Preliminary and
Final Plan submitted subsequent to Master Plan approval shall conform
to the Land Development and Subdivision Regulations current at the
time of submission.
(a)
A project impact statement may be required by the Board, to be prepared
and paid for at the applicant's expense, for the purpose of protecting
the health, safety, convenience, and welfare of the inhabitants of
the Town, and to protect, preserve and, maintain the quality of surface
and subsurface waters and other natural resources deemed to be of
irreplaceable value upon which residents of the Town of Cumberland
and others depend, and to determine those conditions tending to adversely
effect the environment of the Town. In compiling such a statement,
the applicant shall consult with the various organizations (public,
private and non-profit) having knowledge and authority in the various
subjects cited.
(b)
The Board shall stipulate the information which shall be required
and why as part of the request for a project impact statement. The
Board may require that the Statement contain one or more of the following:
(1)
A description of the proposed use;
(2)
A description of the existing environmental setting to include
all man-made natural and physiographic features within 500 feet of
the perimeter of the subject property including but not limited to
vegetation, wetlands, topographic contours, and existing development;
(3)
A statement of any prior or anticipated flood levels, and of
the expected flood hazard present on the site;
(4)
A traffic analysis conducted by a Rhode Island registered engineer
specializing in traffic;
(5)
All favorable and adverse environmental impacts of the proposed
use;
(6)
The means and estimated cost of minimizing the adverse impacts;
(7)
Identification of any irreversible commitment or alterations
of natural features as a result of the proposed action;
(8)
An analysis of the Town's ability, at the time of application,
to service all or part of the proposed project;
(9)
Statements from organizations that are suited to comment on
the proposal; and
(10)
An analysis of impacts on the Town's water supply where a proposed
development lies within an aquifer and/or groundwater recharge area.
(11)
Identification of areas of archeological significance and any
impacts thereon.
(12)
Any other information the Board specifies as relevant to the
proposal.
(c)
The Board shall have the power to require dedications of land, the
construction of improvements, including off-site improvements, or
other activities (collectively referred to as "mitigating activity");
in order to mitigate negative impacts of a subdivision or development
project. The Board shall also have the power to require a fee in lieu
of such mitigating activity. The fee shall be determined by the estimated
costs of such mitigating activity. All such mitigating activity, or
payments-in-lieu thereof, shall be for mitigation of identified negative
impacts or proposed projects. Furthermore, the significant negative
impacts of the proposed development on the existing conditions must
be clearly documented. Any mitigating activity, or fee in lieu thereof,
required as a condition of approval must be related in kind and degree
to the identified impact.
(d)
All payment-in-lieu of dedication or construction to mitigate the
impacts of the proposed development shall be kept in restricted accounts
and shall only be spent on the mitigation of the identified impacts
for which it is required.
