The following Regulations governing the subdivision and development of land are hereby adopted by the Cumberland Planning Board in accordance with Title 45, Chapter 23 of the General Laws of Rhode Island, entitled. The Land Development and Subdivision Review Enabling Act of 1992, as amended, and in accordance with Article 16 of the Home Rule Charter of the Town of Cumberland, Rhode Island, as amended. All regulations and amendments or parts of regulations and amendments, which are inconsistent herewith, are hereby repealed and withdrawn.
The Cumberland Planning Board is empowered pursuant to Article 16 of the Home Rule Charter of the Town of Cumberland, Rhode Island, to adopt, modify, and amend regulations and rules governing land development and subdivision projects within the Town of Cumberland and to control land development and subdivision projects pursuant to those regulations and rules. The Planning Board is thus authorized to adopt or repeal, provide for the administration, interpretation, and enforcement of land development and subdivision regulations.
These Regulations have been developed and will be maintained
in accordance with Rhode Island General Laws 45-23, the Cumberland
Comprehensive Community Plan,; as amended; and the Cumberland Zoning
Ordinance,; as amended.
These Regulations are intended to address the following purposes:
(1)
Provide for the orderly, thorough and expeditious review and approval
of land development and subdivisions;
(2)
Promote high quality and appropriate design and construction of land
development and subdivisions;
(3)
Promote the protection of the existing natural and built environment
and the mitigation of all significant negative impacts of any proposed
development on the existing environment;
(4)
Promote design of land development and subdivisions which are well-integrated
with the surrounding neighborhoods with regard to natural and built
features, and which concentrates development in areas which can best
support intensive use by reason of natural characteristics and existing
infrastructure;
(5)
Encourage local design and improvement standards to reflect the intent
of the Cumberland Comprehensive Plan,; as amended,; with regard to
the physical character of the various neighborhoods and districts
of the Town;
(6)
Require measures for mitigating the impact of new development on
the community that are based on clear documentation of needs and are
fairly applied and administered;
(7)
Protect the public health, safety and welfare of the community;
(8)
Promote thorough technical review of all proposed land development
and subdivisions by appropriate local officials and other experts;
(9)
Encourage the establishment and consistent application of procedures
for record-keeping on all matters of land development and subdivision
review, approval and construction.
These Regulations shall take effect on April 28, 2005 and shall
supersede all other Land Development and Subdivision Regulations in
effect at the time of such adoption.
(a)
Applicability of Prior Regulations. These regulations shall not be
construed as abating any application now pending under, or by virtue
of, prior existing land development and subdivision regulations, provided
that an application has received a Certificate of Completion prior
to the adoption of these regulations, and provided that the pending
subdivision or land development application files for the Master Plan,
Preliminary or Final application stage within 90 days of the enactment
of these regulations, and provided that the subdivision or land development
approval remains in compliance with "Continuation of Prior Regulations"
as detailed below.
(b)
Continuation of Prior Regulations. Subdivisions and Land Developments
which have been submitted to the Planning Board for approval under
the provisions of the Regulations in effect prior to April 28, 2005
may be continued to be reviewed by the Planning Board and approved
under those Regulations in accordance with the following:
(1)
Final Approvals. Any subdivision or development which, at the
time of adoption of these amendments, has received Final approval,
or Final approval with conditions, from the Planning Board, may initiate
or construct any part of the development, or record plans in accordance
with the Land Development and Subdivision Regulations in effect at
the time Final approval was granted. The Planning Board, may in its
discretion, grant extensions to any such Final approval in accordance
with the procedure for such extensions as set forth in the Regulations
in effect at the time of Final approval.
(2)
Preliminary Approvals. Any subdivision or development which
at the time of adoption of these amendments, has received Preliminary
approval, or Preliminary approval with conditions, from the Planning
Board, may continue to be reviewed by the Planning Board in accordance
with the Land Development and Subdivision Regulations in effect at
the time Preliminary approval was granted provided any one of the
following conditions have been met.
a.
The final plat, including all the material required in the Final
Plan Checklist, is filed with the Planning Department within one year
from the date of Preliminary approval; or
b.
If the development is located within a jurisdictional area of
the Rhode Island Department of Environmental Management (RIDEM), the
Preliminary Plans as approved by the Planning Board must have been
resubmitted to RIDEM for approval as required by the Freshwater Wetlands
Act and final decision has not been received.
(3)
Master Plan Approvals. Any subdivision or development which
at the time of adoption of these amendments, has received Master Plan
approval, or Master Plan approval with conditions, from the Planning
Board, may continue to be reviewed in accordance with the zoning requirements,
conceptual layout and all the conditions shown on the approved Master
Plan drawings and supporting materials provided the following condition
has been met.
a.
The Preliminary Plan, including all the material required in
the Preliminary Plat Checklist, is filed with the Planning Department
within one year from the date of Master Plan approval.
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However, apart from the zoning requirements, conceptual layout
and all the conditions shown on the approved Master Plan, the application
will otherwise be subject to the Land Development and Subdivision
Regulations in effect at the time the Preliminary Plan is submitted.
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(4)
Other Status. Any subdivision or development which, at the time
of adoption of these Regulations has not received Final, Preliminary
or Master Plan approval as discussed above shall be required to be
reviewed under the revisions to the Land Development and Subdivision
Regulations adopted on April 27, 2005 pursuant to the Rhode Island
Land Development and Subdivision Review Enabling Act of 1992.
Questions pertaining to potential vested rights not discussed
above shall be submitted in writing to the Planning Board for determination.
Appeals from a decision regarding the application status and vested
rights of any subdivision shall be made to the Planning Board of Appeals
as herein provided.
