[Amended 1-25-2024]
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;
(3)
Enforcement of these Regulations and coordination of enforcement
efforts with other Town staff;
(4)
Review and issue decisions on applications as authorized in these
Regulations;
(5)
Serve as chair of the Technical Review Committee.
[Amended 1-25-2024]
(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process may be adopted, repealed, or amended only after a public hearing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 local 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. The same notice shall be posted in the Town Clerk's
office and one other municipal building. The Town shall make the notice
accessible on the municipal home page of the website for at least
14 days prior to the date of the hearing. 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:
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 R.I.G.L. § 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.
(7)
The cost of the newspaper notice and mailings shall be borne by the
applicant.
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.
[Amended 1-25-2024]
(1)
Prior to approval of any subdivision, development plan review, or
land development project, the permitting authority 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;
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)
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.
[Amended 1-25-2024]
(1)
Unified Development Review. Review of projects submitted under this
section shall adhere to the procedures, timeframes, and standards
of the underlying category of the project as determined by these Regulations.
a.
Minor subdivisions and land development projects. Except for dimensional
relief granted by modification, requests for variances and/or for
the issuance of special use permits related to minor subdivisions
and land development projects shall be submitted as part of the application
materials for the preliminary plan stage of review or if combined,
for the first stage of reviews. A public hearing on the application,
including any variance and special use permit requests that meets
the requirements of Subsection (1)e of this section shall be held
prior to consideration of the preliminary plan by the Planning Board.
The Planning Board shall conditionally approve or deny the request(s)
for the variance(s) and/or special use permit(s) before considering
the preliminary plan application for the minor subdivision or land
development project. Approval of the variance(s) and/or special use
permit(s) shall be conditioned on approval of the final plan of the
minor subdivision or land development project.
b.
Development Plan Review. Except for dimensional relief granted by
modification, requests for relief from the literal requirements of
the zoning ordinance and/or for the issuance of special use permits
related to development plan review projects shall be submitted as
part of the application materials for first stage of review. A public
hearing on the application, including any variance and special use
permit requests that meets the requirements of Subsection (1)e of
this section shall be held prior to consideration of the preliminary
plan by the Planning Board. The Planning Board shall conditionally
approve or deny the request(s) for the variance(s) and/or special
use permit(s) before considering the preliminary plan application
for the development plan review project. Approval of the variance(s)
and/or special use permit(s) shall be conditioned on approval of the
final stage of review of the development plan review project.
c.
Major Subdivisions and Land Development Projects.
1.
Master Plan. Except for dimensional relief granted by modification,
requests for variances for relief from the literal requirements of
the zoning ordinance and/or for the issuance of a special use permit
related to major subdivisions and land development projects shall
be submitted as part of the application materials for the master plan
stage of review, or if combined, the first stage of review. A public
hearing on the application, including any variance and special use
permit requests that meets the requirements of Subsection (1)e of
this section, shall be held prior to consideration of the master plan
by the Planning Board. The Planning Board shall conditionally approve
or deny the requests for the variance(s) and/or special use permit(s)
before considering the master plan application for the major subdivision
or land development project. Approval of the variance(s) and/or special
use permit(s) shall be conditioned on approval of the final plan of
the major subdivision or land development project.
2.
Preliminary Plan. During the preliminary plan stage of review, applicants
shall have the ability to request alteration of any variance(s) and/or
special use permit(s) granted by the Planning Board during the master
plan stage of review, and/or to request new variance(s) and/or special
use permit(s), based on the outcomes of the more detailed planning
and design necessary for the preliminary plan. If necessary, the applicant
shall submit such requests and all supporting documentation along
with the preliminary plan application materials. If the applicant
requests new or additional zoning relief at this stage a public hearing
on the application, that meets the requirements of Subsection (1)e
of this section, shall be held prior to consideration of the preliminary
plan by the Planning Board. The Planning Board shall conditionally
approve, amend, or deny the requests for alteration(s), new variance(s)
and/or new special use permit(s) before considering the preliminary
plan application for the major subdivision or land development project.
Approval of the alteration(s), new variance(s), and/or new special
use permit(s) shall be conditioned on approval of the final plan of
the major subdivision or land development project. If the Planning
Board denies the request for alteration(s), new variance(s), and/or
new special use permit(s), the Planning Board shall have the option
of remanding the application back to the master plan stage of review.
Alternatively, if the Planning Board denies the request for alteration(s),
new variance(s), and/or new special use permit(s), the applicant may
consent to an extension of the decision period mandated by § 5-H(2)f
of these regulations so that additional information can be provided
and reviewed by the Planning Board.
d.
Decision. The time periods by which the Planning Board must approve
or deny applications for variances and special use permits under the
unified development review provisions of the local regulations shall
be the same as the time periods by which the Board must make a decision
on the applicable review stage of the category of project under review.
e.
Unless otherwise provided in this appendix, all applications under
this section shall require a single public hearing. The public hearing
must meet the following requirements:
1.
Public hearing notice shall adhere to the requirements of § 5-D
of these Regulations.
2.
The notice area for the public hearing shall be 200 feet from the
property line(s) of the proposed development and notice of the public
hearing shall be sent by the Administrative Officer to the Administrative
Officer of an adjacent municipality if: (i) the notice area extends
into the adjacent municipality; or (ii) the development site extends
into the adjacent municipality; or (iii) there is a potential for
significant negative impact on the adjacent municipality. Additional
notice within watersheds shall also be sent as required in R.I.G.L § 45-23-53(b)
and (c).
3.
Public notice shall indicate that dimensional variance(s), use variance(s),
and/or special use permit(s) are to be considered for the subdivision
and/or land development project.
4.
The cost of all public notice is to be borne by the applicant.
f.
The time periods by which the permitting authority must approve with
conditions or deny requests for variances and special use permits
under the unified development review provisions of a zoning ordinance
shall be the same as the time periods by which the Planning Board
must make a decision on the applicable review stage of the underlying
type of project under review.
g.
The expiration period of an approval of a variance or special use
permit granted under this section shall be the same as those set forth
in the statute for the underlying type of project under review.
h.
Decisions under this section, including requests for variances and/or
special use permits that are denied by the Planning Board may be appealed
pursuant to R.I.G.L § 45-23-71.
(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.
[Amended 1-25-2024]
(1)
(Reserved)
(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 these 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 herein below.
(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).
[Amended 1-25-2024]
(1)
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 chairperson
or the Secretary of the Planning Board attesting to the approval by
the Planning Board.
(2)
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.
(3)
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.
(4)
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.
[Amended 1-25-2024]
(a)
A modification or change to an approved plan can be made at any stage
in accordance with this section. For all modifications or changes
to the approved plans subject to these Regulations, an amendment is
required prior to the issuance of any building permits. Any modifications
or changes approved to the recorded 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)
The Administrative Officer shall notify the applicant in writing
within 14 days of submission of the application if the Administrative
Officer determines the change to be a major change.
(4)
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 Ordinance42 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.
[Amended 1-25-2024]
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 Administrative Officer as set forth in this section.
(1)
Decisions by the Administrative Officer approving or denying projects
shall not be subject to this section and shall proceed directly to
Superior Court as set forth in R.I.G.L § 45-23-71.
(2)
Process of Appeals. An appeal of an action or decision of the Administrative
Officer 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 or decision which
is being appealed, the reason for the appeal, and the relief sought.
The appeal shall either be 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 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 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
an Administrative Officer's decision on matters subject to these
Regulations, the Board of Review shall not substitute its own judgment
for that of the Administrative Officer, but rather, must consider
the issue upon the findings and record of the Administrative Officer.
The Board of Appeals shall not reverse a decision of the Administrative
Officer except of findings of prejudicial procedural error, clear
error, or lack of support by the weight of evidence in the record.
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 Administrative Officer.
In the instance where the Board of Appeals overturns a decision
of the Administrative Officer, the proposed project application shall
be remanded to the Administrative Officer, at the stage of processing
from which the appeal was taken, for further proceedings before the
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.
[Amended 1-25-2024]
(a)
An aggrieved party may appeal a decision of the Board of Appeals,
a decision of an Administrative Officer made pursuant to R.I.G.L.
§§ 45-23-38 or § 45-23-50 where authorized
to approve or deny an application, or a decision of the Planning Board,
to the Superior Court of Providence County by filing a complaint setting
forth the reasons for the appeal within 20 days after the decision
has been recorded and posted in the Office of the Town Clerk. Recommendations
by any public body or officer under this appendix are not appealable
under this section. The authorized permitting authority 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 than the original applicant
or appellant, such original applicant or appellant and the Planning
Board shall be made party to the proceedings. No responsive pleading
is required for an appeal filed pursuant to this section. The appeal
does 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.
(b)
Appeals from a decision granting or denying approval of a final plan
shall be limited to elements of the approval or disapproval 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, if required
pursuant to this appendix.
(c)
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.
(d)
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.
