[Amended 1-25-2024]
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 applicant must apply for a dimensional
modification or unified development review.
(2)
Minor Subdivision or Minor Land Development Plan. Minor subdivision/minor
land development shall consist of two stages, preliminary and final.
The Administrative Officer may, at their 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.
|
A public hearing will coincide with the Board's review
of the master plan. The Administrative Officer may, at their discretion,
combine the approval stages, providing that the requirements of all
those stages being combined have been met.
|
(4)
Development Plan Review. As specified in these Regulations, administrative
development plan review consists of one stage and formal development
plan review consists of two stages of review, preliminary and final.
The Administrative Officer may combine the approval stages, providing
the requirements for both stages are met by the applicant to the satisfaction
of the Administrative Officer. The application shall comply with design
and performance standards as are included in these Regulations.
[Amended 1-25-2024]
(1)
An application shall be complete for purposes of commencing the applicable
time period for action when so certified by the Administrative Officer
so long as a completed checklist of the requirements for submission
are provided as part of the submission. 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.
(2)
The Planning Board may subsequently require correction of any information
found to be in error and submission of additional information specified
in these Regulations, but not required by the Administrative Officer
prior to certification, as is necessary to make an informed decision.
(3)
Where an application is certified as incomplete, 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. Under no circumstances shall the Administrative
Officer have less than 10 days to recertify an application after the
resubmission of corrected materials.
(4)
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.
[Added 1-25-2024[1]]
(1)
Where a public hearing is required pursuant to these Regulations,
the following requirements shall apply unless otherwise stated herein:
(2)
Notice requirements. Public notice of the hearing shall be given
at least 14 days prior to the date of the hearing in a newspaper of
local circulation within the municipality following the municipality's
usual and customary practices for this kind of advertising. The same
notice shall be posted in the Town Clerk's Office and one other
municipal building in the municipality and the notice will be made
accessible on the Town's home page of the website at least 14
days prior to the hearing. Notice shall be sent to the applicant and
to each owner within the notice area, by first class mail, of the
time and place of the hearing not less than 10 days prior to the date
of the hearing. Notice shall also be sent to any individual or entity
holding a recorded conservation or preservation restriction on the
property that is the subject of the application at least 14 days prior
to the hearing. The notice shall also include the street address of
the subject property, or if no street address is available, the distance
from the nearest existing intersection in tenths of a mile.
(3)
Notice Area.
a.
The distance(s) for notice of the public hearing shall be 200 feet
from the perimeter of the project site's property boundary.
b.
Watersheds. Additional notice within watersheds shall also be sent
as required in R.I.G.L. § 45-23-53(b) and (c).
c.
Adjacent Municipalities. 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.
d.
Notice Cost. The cost of all newspaper and mailing notices shall
be borne by the applicant.
[1]
Editor's Note: This amendment also redesignated former §§
5-D through 5-G as 5-E through 5-H, former §§ 5-H and 5-I
as 5-K and 5-L.
[Amended 1-25-2024]
(a)
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 the Planning Board, Administrative Officer,
or the applicant. Pre-application 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 permitting authority 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.
(b)
Review Process. Applicants seeking a pre-application meeting or an
informal concept review shall submit the pre-application checklist
materials in advance of the meeting(s).
(c)
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 Section 45-23-36 of the Enabling
Act.[1]
[1]
Editor's Note: See Appendix B, Zoning.
(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.
[Amended 1-25-2024]
(a)
Review Stages. Minor land development and subdivision 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 Administrative Officer may combine the approval stages,
providing requirements for both stages have been met by the applicant
to the satisfaction of the Administrative Officer. Construction of
previously platted streets shall not be considered creation or extension
of streets.
(b)
Applications Requesting Relief From the Zoning Ordinance.
(1)
Applications under this section which require relief which qualifies
only as a modification shall proceed by filing an application under
this appendix and a request for a modification to the Zoning Enforcement
Officer. If such modification is granted the application shall then
proceed to be reviewed by the Administrative Officer pursuant to the
applicable requirements of this section. If the modification is denied
or an objection is received, such application shall proceed under
unified development review.
(2)
Applications under this section which require relief from the
literal provisions of the Zoning Ordinance[1] in the form of a variance or special use permit, shall
be reviewed by the Planning Board under unified development review,
and a request for review shall accompany the preliminary plan application.
[1]
Editor's Note: See Appendix B, Zoning.
(3)
Any application involving a street creation or extension shall
be reviewed by the Planning Board and require a public hearing.
(c)
Submission Requirements. Any applicant requesting approval of a minor
subdivision or minor land development project shall submit to the
Administrative Officer the items identified in the checklist.
(d)
Certification. For each applicable stage of review, the application
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 so long as a completed checklist of the requirements for
submission are provided as part of the submission. 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 10 days after its resubmission.
(e)
Notice. Notice of a public hearing required for street creation or
extension or unified development review as part of a minor land development
or minor subdivision shall comply with the provisions of § 5-D
of these Regulations.
(f)
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.
(g)
Decision. If no street creation or extension is required, the Administrative
Officer 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. If a street extension
or creation or unified development review is required, the Planning
Board shall hold a public hearing prior to approval according to the
provisions of § 5-D of these Regulations 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.
(h)
Failure to Act. Failure of the Planning Board or Administrative Officer
to act within the prescribed period shall constitute approval of the
Preliminary Plan and a certificate of the Administrative Officer as
to the failure to act within the required time period and the resulting
approval shall be issued at the request of the applicant.
(i)
Modifications and Changes to Plans. Modifications and changes to
plans at any stage shall be conducted as defined in § 3-L
of these Regulations.
(j)
Final Plan. The applicant shall submit to the Administrative Officer
the items required for final plan in the checklist, including all
materials required 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. Final plan
review and approval shall be conducted by the Administrative Officer.
The Administrative Officer shall approve, deny, approve with conditions,
or refer the application to the Planning Board based upon a finding
that there is a major change within 25 days of the certificate of
completeness.
(k)
Expiration of Approvals. Approval of a minor land development or
subdivision plan shall expire one year 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
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.
[Amended 1-25-2024]
(a)
It should be noted that projects undergoing review may later be subject
to additional 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 a review process.
However, in no case shall a proposal be subject to both land development
review and development plan review contemporaneously for the same
proposal.
(b)
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 hearing.
(c)
The Administrative Officer may combine review stages after the Administrative
Officer 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 the checklist.
Initial comments shall be solicited from: (i) 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; (ii) adjacent
communities; (iii) state agencies, as appropriate, including the Rhode
Island Department of Environmental Management and the Rhode Island
Department of Transportation; and (iv) 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 25 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 10 days after its resubmission.
c.
Applications Requesting Relief From the Zoning Ordinance.
1.
Applications under this appendix which require relief which qualifies
only as a modification shall proceed by filing a master plan application
under this section and a request for a modification to the Zoning
Enforcement Officer. If such modification is granted, the application
shall then proceed to be reviewed by the Planning Board pursuant to
the applicable requirements of this section. If the modification is
denied or an objection is received as set forth in § 18-5
of the Zoning Ordinance[1] such application shall proceed under unified development
plan review.
[1]
Editor's Note: See Appendix B, Zoning.
2.
Applications under this section which require relief from the literal
provisions of the Zoning Ordinance in the form of a variance or special
use permit, shall be reviewed by the Planning Board under unified
development review.
d.
Technical Review Committee. The Technical Review Committee shall
review the application prior to the public hearing and shall comment
and make recommendations to the Planning Board.
e.
Decision. The Planning Board shall, within 90 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.
f.
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.
g.
Vesting. The approved master plan shall be vested for a period
of two years, 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 R.I.G.L.
§ 45-24-44.
(2)
Preliminary Plan.
a.
Submission Requirements. The applicant shall first submit to
the Administrative Officer the items required in the checklist 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.
3.
Prior to the approval of the preliminary plan, an applicant
must submit all permits required by state or federal agencies, including
permits related to freshwater wetlands, floodplains, preliminary suitability
for individual septic disposal systems, public water systems, and
connections to state roads. For state permits from the Rhode Island
Department of Transportation, a letter evidencing the issuance of
such permit upon the submission of a bond and insurance is sufficient,
but such actual permit shall be required prior to the issuance of
a building permit.
4.
If the applicant is requesting alteration of any variances and/or
special use permits granted by the Planning Board at the master plan
stage of review pursuant to adopted unified development review provisions,
and/or any new variances and/or special use permits, such requests
and all supporting documentation shall be included as part of the
preliminary plan application materials.
b.
Certification.
The application shall be certified as complete or incomplete by the
Administrative Officer within 25 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 10 days after its resubmission.
c.
Public Notice. Prior to the first Planning Board meeting on
the preliminary plan, public notice shall be sent to the abutters
only by first class mail at least 14 days before the meeting. The
cost of notice shall be borne by the applicant.
d.
Technical Review Committee. The Technical Review Committee shall
review the application prior to the first Planning Board meeting and
shall comment and make recommendations to the Planning Board.
e.
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.
f.
Decision. A complete application for a major subdivision or
development plan shall be approved, approved with conditions or denied
within 90 days of the date when it is certified complete, or within
such further time as may be consented to by the developer through
the submission of a written waiver, provided, that the timeframe for
decision is automatically extended if evidence of state permits has
not been provided, or otherwise waived in accordance with this section.
g.
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.
h.
Vesting. The approved preliminary plan shall be vested for a
period of two years with the right to extend for two one-year extensions
upon written request by the applicant who must appear before the Planning
Board for each annual review and provide proof of valid state or federal
permits as applicable. Thereafter, vesting may be extended for a longer
period for good cause shown, if requested, in writing by the applicant
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)
Final
Plan.
a.
Submission Requirements. The applicant shall submit to the Administrative
Officer the items required for final plan in the checklist, 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 15 days so long as a completed checklist of requirements are
provided with the submission. This time period may be extended to
25 days by written notice from the Administrative Officer to the applicant
where the final plans contain changes to or elements not included
in the preliminary plan approval. 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.
Decision. The Administrative Officer, or if referred to it,
the Planning Board, shall review, grant, grant with conditions or
deny the final plan application. A decision shall be issued within
45 days after the certification of completeness, or within a further
amount of time that may be consented to by the applicant, approving
or denying the final plan as submitted.
d.
Failure to Act. Failure of the Administrative Officer, or if
referred to it 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 to act within the required
time and the resulting approval shall be issued at the request of
the applicant.
e.
Expiration of Approval. 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 recorded 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 upon written
request of the applicant who must appear before the Planning Board
for the annual review.
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.
[Added 1-25-2024]
(a)
Permitting Authority. The Administrative Officer shall approve administrative
projects and the Planning Board shall approval formal projects described
herein.
(b)
Development plan review consists of two review processes, administrative
and formal.
(1)
Administrative development plan review consists of one stage
of review and the authorized permitting authority is the Administrative
Officer. The following activities are subject o administrative development
plan review:
1.
A change in use at the property where no extensive construction
of improvements is sought.
(2)
Formal development plan review consists of the preliminary stage
and final stage of review. The authorized permitting authority is
the Planning Board. The following activities are subject to formal
development plan review:
1.
An adaptive reuse project where no extensive exterior construction
of improvements is sought.
2.
Any development that proposes to clear, grade, or disturb greater
than 10,000 square feet of land. This shall not include clearing conducted
pursuant to an approved residential subdivision or earth removal permit,
or for existing agricultural, forestry or related purposes.
3.
A new parking area or addition to an existing parking area which
in either case results in greater than 5,000 square feet of new parking
area.
4.
Mixed-use development consisting of up to six dwelling units
or 2,500 or less gross square feet of commercial space.
5.
Any proposed commercial or industrial development, including
additions and expansions of existing development, that would result
in the use or storage of hazardous materials.
6.
Any alteration of a facility requiring a license pursuant to
R.I.G.L. 1956 § 42-98-4 (Energy Facility Siting Act).
(c)
The Administrative Officer may combine the stages of review for formal
development plan review, providing that the submission requirements
of both stages of review are met by the applicant to the satisfaction
of the Administrative Officer.
(d)
Waivers. Requirements for development plan approval may be waived
where there is a change in use or occupancy and no extensive construction
of improvements is sought.
(1)
The waiver may be granted only by a decision by the permitting
authority identified in this section, 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.
(2)
The application for a waiver of development plan approval review
shall include documentation on prior use of the site, the proposed
use, and its impact.
(3)
The Planning Board may grant waivers of design standards. The
Administrative Officer may not grant waivers administratively and
must be referred to the Planning Board. The only grounds for such
waivers 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 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.[1]
[1]
Editor's Note: See Appendix B, Zoning.
(e)
Applications Requesting Relief From the Zoning Ordinance. Applications
under this section which require relief which qualifies only as a
modification shall proceed by filing an application and a request
for a modification to the Zoning Enforcement Officer.
(1)
If such modification is granted the application shall then proceed
to be reviewed by the designated permitting authority as determined
in these Regulations. If the modification is denied or an objection
is received as set forth in § 18-5 of the Zoning Ordinance,[2] such application shall proceed under unified development
review and be reviewed by the Planning Board.
[2]
Editor's Note: See Appendix B, Zoning.
(2)
Applications under this section which require relief from the
literal provisions of the Zoning Ordinance in the form of a variance
or special use permit, shall be reviewed by the Planning Board under
unified development review, and a request shall accompany the preliminary
plan application.
(f)
Submission
Requirements. Any applicant requesting approval of a proposed development
under this section, shall submit to the Administrative Officer the
items required by the checklist.
(g)
Certification.
(1)
he
application shall be certified, in writing, complete or incomplete
by the Administrative Officer within 25 days. If no street creation
or extension is required, and/or unified development review is not
required, the application shall be certified complete or incomplete
by the Administrative Officer within 15 days.
(2)
The running of the time period set forth in this section will
be deemed stopped upon the issuance of a written certificate of incompleteness
of the application by the Administrative Officer and will recommence
upon the resubmission of a corrected application by the applicant.
However, in no event will the Administrative Officer be required to
certify a corrected submission as complete or incomplete less than
10 days after its resubmission.
(3)
If the Administrative Officer certifies the application as incomplete,
the officer shall set forth in writing with specificity the missing
or incomplete items.
(h)
Application
Review and Decision.
(1)
Administrative
Development Plan Review. An application shall be approved, denied,
or approved with conditions within 25 days of the certificate of completeness
or within any further time that is agreed to in writing by the applicant
and Administrative Officer.
(2)
Formal Development Plan Review.
a.
Preliminary Plan. Unless the application is reviewed under unified
development review, the Administrative Officer, TRC, or Planning Board
will approve, deny, or approve with conditions, the preliminary plan
within 65 days of certification of completeness, or within any further
time that is agreed to by the applicant and the permitting authority.
b.
Final Plan. For formal development plan approval, the permitting
authority shall delegate final plan review and approval to the Administrative
Officer. The officer will report its actions in writing to the Planning
Board at its next regular meeting, to be made part of the record.
The final plan shall be approved or denied within 45 days after the
certification of completeness, or within a further amount of time
that may be consented to by the applicant, in writing.
(3)
Failure
to Act. Failure of the permitting authority to act within the period
prescribed constitutes approval of the preliminary plan and a certificate
of the Administrative Officer as to the failure to act within the
required time and the resulting approval shall be issued on request
of the application.
(4)
Vested
Rights. Approval of development plan review shall expire two years
from the date of approval unless, within that period, a plat or plan,
in conformity with approval, and as defined in this section, is submitted
for signature and recording. Validity may be extended for an additional
period upon application to the Administrative Officer or permitting
authority, whichever entity approved the application, upon a showing
of good cause.
(i)
Modifications and Changes to Plans.
(1)
Minor
changes to the plans approved at any stage may be approved administratively,
by the Administrative Officer, whereupon final plan approval may be
issued. The changes may be authorized without an additional Planning
Board meeting, at the discretion of the Administrative Officer. All
changes shall be made part of the permanent record of the project
application. This provision does not prohibit the Administrative Officer
from requesting recommendation from either the Technical Review Committee
or the permitting authority. Minor changes shall include:
a.
Minor changes are defined as a change to a plan, which in the
opinion of the Administrative Officer, does not substantially impact
the project and is consistent with the intent of the original approval.
b.
Denial of the proposed change(s) shall be referred to the Planning
Board for review as a major change.
(2)
Major
changes to the plans approved at any stage may be approved only by
the permitting authority and must follow the same review and hearing
process required for approval of preliminary plans, which shall include
a public hearing. Major changes shall include:
a.
Any changes to a plan, which in the opinion of the Administrative
Officer, substantially impacts the project and/or is inconsistent
with the intent of the original approval. Major changes include, but
are not limited to:
1.
Changes that have the effect of creating additional lots or
units.
2.
Changes to any dimension contained in the plan exceeding 20%.
3.
Changes that would require a waiver from these Regulations or
a variance or special use permit.
4.
Significant realignment of streets or entrance changes.
5.
Exceeding the limits of disturbance as specified in the final
plan.
(3)
The
Administrative Officer shall notify the applicant in writing within
14 days of submission of the final plan application if the Administrative
Officer determines that there has been a major change to the approved
plans.
(j)
Appeal.
A decision under this section shall be considered an appealable decision.
[Added 1-25-2024]
(a)
There is hereby established a Technical Review Committee (TRC) in
accordance with the Zoning Ordinance,[1] the members of which are appointed by the Planning Board.
The TRC is responsible for conducting technical reviews of all applications
subject to the jurisdiction delegated under these Regulations. The
TRC may also review and approve applications in accordance with these
Regulations.
[1]
Editor's Note: See Appendix B, Zoning.
(b)
The Planning Board shall adopt written procedures establishing the
Committee's responsibilities.
(c)
The Administrative Officer shall serve as chair of the TRC.
(d)
Recommendations of the TRC to the permitting authority shall be in
writing and kept as part of the permanent record of the development
application. In no case shall the recommendations of the Technical
Review Committee be binding on the permitting authority in its activities
or decisions. The recommendation of the TRC shall be made available
to the applicant prior to a decision by the permitting authority.
(e)
The TRC may review the following types of applications at the request
of the Administrative Officer or Planning Board:
(1)
Minor land development projects and subdivisions; advisory to
the permitting authority.
(2)
Major land development projects and subdivisions; advisory to
the permitting authority, provided that the TRC reviews the application
prior to the Planning Board's first meeting on the application.
(3)
Administrative subdivisions at the request of the Administrative
Officer; advisory to the Administrative Officer.
(4)
Comprehensive permit applications; advisory to the Planning
Board.
(5)
Minor modifications or changes, as defined in these Regulations,
to land development and subdivision applications.
(6)
Administrative development plan review applications; advisory
to the Administrative Officer.
(7)
Formal development plan review applications; advisory to the
Planning Board.
(8)
Other matters referred to the TRC by the Planning Board or Administrative
Officer.
(9)
Final plan applications for minor subdivisions and land development
projects.
(10)
Preliminary plan applications for formal development plan review.
(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 nonprofit) 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.
