[Ord. No. 08-31, 10-7-2009]
(a) Authority. This article is adopted pursuant to G.L. § 45-24-47
and G.L. § 45-24-49, as amended. The Cumberland Planning
Board shall have the administrative authority and duty, in accordance
with the requirements of the zoning ordinance and the land development
and subdivision regulations (the "regulations") to review and approve
all plans subject to development review. Development review shall
be required for certain types of development as described in § 12-3
below, but will not preclude the need to meet other requirements as
contained in this appendix, nor be used to deny a permitted use as
provided in Article 4.
(b) Purpose. The purpose of development review is to ensure that industrial,
commercial, mixed-use and planned developments are consistent with
the goals and policies of the Cumberland Comprehensive Plan, and that
such development has a high quality site and architectural design
compatible with adjoining areas and the historic development pattern
of the Town; safe and convenient traffic circulation; and appropriate
signage, landscaping and lighting.
[Ord. No. 08-31, 10-7-2009; amended 12-6-2023 by Ord. No. 23-26]
The review processes for development subject to review under
this article are hereby established as follows:
(a) Development Plan Review.
(1)
A zoning ordinance shall permit development
plan review of applications pursuant to R.I.G.L. AA 45-23-50 for uses
that are permitted by right.
(2)
Permitting authority. The permitting
authority for administrative projects shall be the Administrative
Officer; the permitting authority for formal projects shall be the
Planning Board.
(3)
Specific and objective guidelines.
Design of all projects shall be consistent with the provisions of
these regulations.
(4)
Zoning relief. The permitting authority
may grant relief from the zoning ordinance as modifications or under
unified development review, as may be appropriate.
(5)
Zoning incentives are permitted under
the following circumstances:
a. Reserved. (No zoning incentives are permitted at this time.)
(6)
Appeal. A rejection of the decision
shall be an appealable decision pursuant to R.I.G.L. AA 45-23-71.
(b) Land Development Project Review.
(1)
Land development projects shall be
reviewed in accordance with the procedures established by these regulations,
including those for appeal and judicial review, whether or not the
land development project constitutes a "subdivision," as defined in
these regulations.
(2)
No land development project shall
be initiated until a plan of the project has been submitted to the
authorized permitting authority. The requirements, procedures, and
standards for review and approval of land development projects are
provided in these regulations.
(3)
Permitting authority. The review
is conducted by the Administrative Officer, in the case of minor land
development projects, and by the Planning Board, in the case of major
land development projects in accordance with the provisions of R.I.G.L.
AA 45-24-47 and AA 45-23-38 et seq.
(4)
Zoning incentives are permitted under
the following circumstances:
a. Reserved. (No zoning incentives are permitted at this time.)
(5) The permitting authority may impose special conditions and stipulations
to the approval that may, in the opinion of the permitting authority,
be required to maintain harmony with neighboring uses and promote
the objectives and purposes of the comprehensive plan and this appendix.
(c) Unified
Development Review.
(1)
Unified development plan review established.
There shall be unified development review for subdivisions and land
development projects that require variance(s) and/or special use permit(s).
(2)
Permitting authority. The permitting
authority shall be the Planning Board.
(3)
In granting requests for dimensional
and use variance, the Planning Board shall be bound to the requirements
of R.I.G.L. AA 45-24-41 relative to entering evidence into the record
in satisfaction of the applicable standards.
(4)
In granting for special use permits,
the Planning Board shall be bound to the conditions and procedures
under which a special use permit may be issued and the criteria for
the issuance of such permits and shall be required to provide for
the recording of findings of fact and written decisions.
(5)
An appeal from any decision made
pursuant to this section may be taken pursuant to R.I.G.L. AA 45-23-71.
(d) Technical
Review Committee.
(1)
There is hereby established a Technical
Review Committee (TRC) in accordance with R.I.G.L. AA 45-23-56, the
members of which shall be:
a.
The Director of Planning and Development
(Administrative Officer), who shall serve as chairperson;
b.
The Director of Public Works or his/her
designee;
c.
The Building/Zoning Official or his/her
designee;
d.
The Chief of the Fire Department
or his/her designee;
e.
A member of the public who has expertise
in the design and development of construction, including, but not
limited to, surveyors, engineers, architects, landscape architects,
and contractors. The member of the public may be appointed by the
Planning Board and shall serve a two-year term and thereafter until
such time as a successor is appointed.
The chairperson may request additional
individual(s) to participate as members in appropriate circumstances
to provide expert technical review.
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(2)
The Planning Board shall adopt written
procedures establishing the Committee's responsibilities.
(3)
The TRC has the authority to issue
approvals, make finding and provide recommendations as provided in
these regulations.
(4)
Reports of the Technical Review Committee
to the Planning Board shall be in writing and kept as part of the
permanent documentation on the development application. In no case
shall the recommendation of the Technical Review Committee be binding
on the Planning Board in its activities or decision. All reports of
the Technical Review Committee shall be made available to the applicant
prior to the meeting of the Planning Board at which the reports are
first considered.
[Ord. No. 08-31, 10-7-2009]
The applicant shall pay all application fees as specified in
Appendix A of the regulations, as well as any costs incurred by the
Planning Board associated with the use of outside professional assistance
in the review of the proposed development. Such assistance may include,
but not be limited to, the review of overall building and site design,
site engineering including drainage and traffic impacts, environmental
assessment, evaluation of landscaping and site amenities, and architectural
review. The need for such review shall be at the discretion of the
Planning Board. Fees obtained from the applicant shall not exceed
actual costs.
[Ord. No. 08-31, 10-7-2009]
The provisions of this article shall be enforced by the zoning
enforcement officer. This appendix shall become effective immediately
upon its passage by the Cumberland Town Council and any ordinances
inconsistent herewith are hereby repealed.