[Amended 1-25-2024]
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The design of all subdivisions, land development projects, and
Development Plan Review projects shall conform to the Town of Cumberland
Zoning Ordinance and Land Development and Subdivision Regulations
as written herein. The Planning Board has established the elements
contained in these Regulations as minimum design standards. The Planning
Board and Administrative Officer reserves the right to determine lot/unit
location and number of lots created by subdivision and land development
projects in accordance with these Regulations and the Zoning Ordinance.
The Planning Board or Administrative Officer may raise or lower these
standards upon a site visit and/or review of the proposed plan, if
they feel in doing so that adequate provisions have been/must be made
in the plan for the following:
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1.
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To lessen traffic accidents;
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2.
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To develop land in recognition of primary natural constraints
(slopes 15%, rock out-crops and wetlands);
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3.
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To promote safety from fire, flood and other dangers;
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4.
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To secure a well articulated street and highway system;
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5.
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To ensure adequate provisions for pedestrian traffic;
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6.
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To secure an adequate stormwater runoff management and soil
erosion plan;
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7.
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To preserve significant natural and historic characteristics;
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8.
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To provide adequate public water and sanitary sewage treatment;
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9.
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To provide a recreation area suitable for future use; and
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10.
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To promote development in conformance with the Comprehensive
Plan.
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The applicant, at his/her own expense, shall construct all improvements
where required by the Planning Board or Administrative Officer as
a condition of approval for any subdivision or land development project
subject to these Regulations.
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Depending on a property's location, the styles and patterns
of development are different, and therefore, the application of these
standards will necessarily depend upon the surrounding area in which
development is proposed.
Reminder: All applications subject to these Regulations, regardless
of whether they involve the construction of a new street or development
of a single existing lot, must conform with the Town's Zoning Ordinance
and any other applicable Town Ordinances and Regulations.
To the maximum extent practicable, development should be located
to preserve the natural features of the site, to avoid areas of environmental
sensitivity, and to minimize alterations of and negative impacts to
natural features, historic and cultural resources, and scenic areas.
A Site Analysis that considers both the existing natural and built
context as described below should be conducted as part of the conceptual
site planning process.
New development or redevelopment shall incorporate characteristics
of the surrounding area when the area exhibits a positive site layout
and/or functional patterns (e.g., buildings close to street, shared
parking and access, and generous landscaping); otherwise, the Planning
Board will look to the applicant to improve the area with his/her
proposal and not further degrade an area.
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(a)
Natural Context.
1.
Building envelopes shall be located so that character-defining site
features such as stone walls, open fields, stands of mature trees,
rolling topography (especially slopes in excess of 15%), ridgelines
and outcrops, wetlands, streams, rivers, ponds and lakes, and listed
historic and natural resources are preserved.
2.
Structures shall not be placed on ridgelines or hillcrests. These
areas are potentially erosive, may negatively impact drainage patterns
and because they will be highly visible, will adversely impact the
character of neighborhoods and scenic, natural viewsheds.
3.
Development should take advantage of natural solar irradiation through
southern exposure and design features in order to reduce energy usage
and increase connections to the surrounding environment. Vegetation,
berms, and shade structures should be used to provide warmer areas
during winter and cooler areas during summer.
4.
Green spaces shall be contiguous whenever possible, rather than divided
into smaller areas.
5.
Utilize the space between buildings as viable "outdoor rooms" which
can function as pedestrian transition areas, provide building connections
and project coherence.
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(b)
Built Context. Existing design, details such as form, type and texture
of materials, balance, symmetry/asymmetry, natural factors, pedestrian
circulation, access, and connections should be respected. Continuity
of positive aspects of the nearby architectural style and other elements
of the built environment will be the primary focus of the review process.
1.
Placement of buildings shall consider the location of nearby compatible
and incompatible uses, traffic corridors, vegetation, and other existing
site characteristics. Where adjacent setbacks are inconsistent, an
attempt shall be made to moderate them. If this is not possible, vegetation,
walls and other landscape features shall be used to continue the rhythm
of the built environment.
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2.
In densely developed areas, such as the historic centers of Valley
Falls, Lonsdale and Berkeley, buildings should generally be placed
adjacent to the sidewalk or at their front setback lines in order
to enliven the street. This siting, in combination with landscape
treatment, reinforces and strengthens the streetscape and facilitates
pedestrian activity.
3.
Multiple buildings in a single development should create a positive
functional relationship. Buildings should be clustered to achieve
a village feel. This creates opportunities for plazas and pedestrian
areas while preventing long "barracklike" rows of buildings. When
clustering is impractical, a visual and/or landscape linkage shall
be established.
4.
When adjacent residential and non-residential uses can mutually profit
from connection rather than separation, applicable connective elements
such as walkways, common landscape areas, shared driveways, building
orientation, and unfenced property lines shall be employed.
[Amended 1-25-2024]
Land deemed unsuitable for building purposes in the judgment
of the Planning Board, will not be approved for development or subdivision.
(1)
Developments Serviced by Sewers. When calculating the number of residential
building lots or units permitted on any parcel in an area serviced
by sewers, land included in all of the following categories shall
be considered unsuitable for development and shall be deducted from
the building acreage of the parcel:
a.
Freshwater wetlands, except areas of perimeter wetland within 50
feet of the edge of any bog, marsh, swamp or pond; or any applicable
100-foot or 200-foot riverbank wetlands, as defined by R.I.G.L. § 2-I-20
(1987), as amended;
b.
Areas within a 100-year flood zones, as defined by FEMA;
c.
Land within any publicly or privately held easement on which aboveground
utilities, including, but not limited to, electrical transmission
lines, are constructed;
d.
Cemeteries.
(2)
Developments Not Serviced by Sewers. In areas not served by public
sewers land included in all of the following categories shall be considered
unsuitable for development and shall be deducted from the building
acreage of the parcel:
a.
Freshwater wetlands including areas of perimeter wetland within 50
feet of the edge of any bog, marsh, swamp or pond; or any applicable
one-hundred-foot or two-hundred-foot riverbank wetlands, as defined
by Rhode Island General Law as § 2-I-20 (1987), as amended;
b.
Areas within a one-hundred-year flood zone, as defined by FEMA;
c.
Land within any publicly or privately held easement on which aboveground
utilities, including but not limited to electrical transmission lines,
are constructed;
d.
Areas with slopes in excess of 15% within the limit of disturbance
of the subdivision; and
e.
Cemeteries.
(3)
Minimum Contiguous Buildable Areas. Lots shall have minimum contiguous
buildable areas (excluding wetlands, floodplains, easements, and steep
slopes as further described above) equal to the following:
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Zoning District
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Minimum Contiguous Buildable Area
(square feet)
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Agricultural-1
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80,000
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Agricultural-2
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40,000
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All unsewered residential zones
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20,000
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Residential-1, sewered
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12,500
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Residential-2 and Residential -3, sewered
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5,000
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All commercial and industrial, sewered
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5,000
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All commercial and industrial, unsewered
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20,000
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The following requirements shall apply to any plat which is
located wholly or partly within Zone A and Zones A1-A30 as identified
on the flood insurance rate map as part of the flood insurance study
which also includes the flood boundary and floodway map. Said maps
and any amendments thereto are hereby made part of this section of
these Regulations.
(1)
All submissions shall show the location of any portion of the plat
which lies within any Zone A or Zones A1-A30 and the floodway and
shall show the base flood elevation as prescribed for these zones
at the specific location. Where the plat location is entirely within
these zones, it shall be noted on the plat drawing.
(2)
In grading land and installing improvements, no watercourse shall
be altered in such a manner as to reduce its carrying capacity. Prior
to permitting any alteration or relocation of a watercourse, the Planning
Board will send notification to the neighboring communities, the Rhode
Island Statewide Planning Program and the Federal Insurance Administration.
(3)
All plat proposals will be reviewed by the Planning Board or its
agent to assure that the design of the plat is consistent with the
need to minimize flood damage. Public improvements, facilities, and
utilities are constructed or installed in a manner that will minimize
flood damage. Adequate drainage will be provided to minimize the accumulation
of water.
Erosion and Sediment Control design shall be in accordance with Chapter 20, Article III of Cumberland's Code of Ordinances, as amended.
Site design should avoid steep slopes, minimize slopes in graded
areas and work with the natural drainage and topography of the site.
Original boundaries, alignment and slopes of watercourses within the
project locus shall be preserved to the greatest extent feasible.
Development plans should preserve natural features, keep cut
and fill operations to a minimum and ensure conformity with topography
so as to adequately handle the volume and velocity of surface water
runoff.
[Amended 1-25-2024]
The Planning Board and/or the Administrative Officer reserves
the right to determine lot location and total number of lots in conformance
with the Town Zoning Ordinance and in recognition of the need to preserve
primary natural features. Additionally,
(1)
All lots shall front an existing or proposed public street.
(2)
All lot dimensions shall conform to the requirements of the Town
of Cumberland Zoning Ordinance.
(3)
The proportion of average lot depth to average lot width shall not
exceed 2 1/2:1.
(4)
Lots shall not extend through a block to another existing or proposed
residential street (through lots).
(5)
Side lot lines shall be at right angles to street lines or radial
to curved street lines unless the Planning Board determines that a
variation from this rule will provide a better street or lot plan.
Except on those sides bordering a street, lots shall not have interior
angles greater than 200°.
(6)
All lots and limit of disturbance areas in relation thereto shall
avoid primary natural constraint areas (slopes 15%, rock/ledge outcrops,
floodplains, wetland areas including RIDEM jurisdictional wetland
areas).
(7)
Driveways may not exceed a slope of 10%. Proposed house/unit locations
must be accessed from the lot's frontage unless otherwise approved
by the Planning Board. In instances where the topography to the proposed
house location exceeds 10%, the applicant must provide engineered
plans for the driveway's construction resulting in a driveway that
does not exceed a 10% slope using whatever necessary soil and erosion
control measures.
(8)
Within 10 feet of adjoining properties, changes to existing grade
are to be limited to a slope of 2:1. Retaining structures must be
provided to contain slopes that exceed the 2:1 ratio.
(9)
All lots shall conform to the Cumberland Comprehensive Plan.
Blocks shall not be greater than 1,000 feet in length. The Planning
Board may require provision for pedestrian rights-of-way at the center
of blocks. All such rights-of-way shall be 10 feet wide, shall be
paved and landscaped, and shall be dedicated to the Town.
