Words or terms used in these regulations shall have the meanings
stated in this section, unless explicitly noted otherwise within any
other section.
Words used in the present tense include the future, the singular
includes the plural and the plural the singular. The word "used" includes
"designed, intended, or arranged to be used." The word "shall" is
mandatory; the word "may" is permissive; the word "building" includes
the word "structure"; the word "lot" includes the word "plot"; the
word "land" includes the words "marsh" and "water."
The following terms for the purposes of these regulations are
defined below:
One whose property abuts, that is, adjoins at a border, boundary,
or point with no intervening land. For the purpose of notification,
an abutter shall include one whose property is directly across the
street.
The Secretary of the Planning Board, or in his absence the Chair or Vice Chair of the Planning Board, who will administer the land development and subdivision regulations and coordinate with Town boards and commissions, Town staff and State agencies. Qualifications of said individual subject to provisions of Article XII, Section A.
Re-subdivision of existing lots which yields no additional
lots for development, and involves no creation or extension of streets.
Such re-subdivision shall only involve divisions, mergers, mergers
and division, or adjustments of boundaries of existing lots.
Any person, either owner or duly authorized agent, filing
a plat or an application for a subdivision with the Planning Board.
If not the owner, applicant shall present satisfactory documentation
that he/she is the duly designated agent of the owner.
The Town review authority for appeals of actions of the Administrative Officer and the Planning Board on matters of land development or subdivision, which shall be the Portsmouth Zoning Board of Review constituted as the board of appeal. See Article XIV.
See improvement guarantee.
The word "build" shall include the words "erect", "construct",
"alter", "enlarge", "move", "modify" and any other words or terms
of like significance.
A lot where construction for the use(s) permitted on the site under the Portsmouth Zoning Ordinance is considered practicable by the Planning Board, considering the physical constraints to development of the site as well as the requirements of the pertinent Federal, State and Town regulations. See Article XIII "Developable Land Area".[1]
A notice issued by the Administrative Officer informing an applicant that the application is complete and meets the requirements of the municipality's regulations, and that the applicant may proceed with the approval process. See Article III.
A development approach in which building lots may be reduced
in size and buildings sited closer together, usually in groups or
clusters, provided that the total development density does not exceed
that which could be constructed on the site under conventional zoning
and subdivision regulations. The additional land that remains undeveloped
is then preserved as open space and recreational land.
Land within or related to a development, not individually
owned or dedicated for public use, which is designed and intended
for the residents of the development. It may include complementary
structures and improvement.
A drawing with accompanying information showing the basic
elements of a proposed land development plan or subdivision as used
for pre-application meetings and early discussions, and classification
of the project within the approval process. As such, it allows general
intentions to be proposed and discussed without the extensive costs
involved in submitting a detailed proposal.
A requirement of all Town land use regulations which means
that all such regulations and subsequent actions shall be in accordance
with the public policies arrived at through detailed study and analysis
and adopted by the municipality as the comprehensive community plan
as specified in R.I. General Laws 45-22.2-3.
Payments of cash which are authorized in the Town regulations
when requirements for mandatory dedication of land are not met because
of physical conditions of the site or other reasons. The conditions
under which such payments will be allowed and all formulas for calculating
the amount shall be specified in advance in the Town regulations.
The relative size or magnitude of a major flood or reasonable
expectancy, which reflects both flood experience and flood potential
and is the basis of the delineation of the floodway, the flood hazard
area, and the water surface elevations.
The legal or beneficial owner or owners of a lot or of any
land included in a proposed development. Also, the holder of an option
or contract to purchase, or any other person having enforceable proprietary
interest in such land. (May also be referred to as the developer.)
Zoning, subdivision, land development plan, development plan
review, historic district, official map, flood plain regulation, soil
erosion control or any other governmental regulation of the use and
development of land.
A subdivision.
The system through which water flows from the land, including
all watercourse, waterbodies and wetlands.
The removal of surface water or groundwater from land by
drains, grading or other means.
A right-of-way granted, but not dedicated, for limited use
of private land for a public or quasi-public purpose and within which
the owner of the property shall not erect any structures or vegetation
nor other use that would impede the use for which the easement is
granted.
Natural features, resources, or land characteristics that
are sensitive to change and may require conservation measures or the
application of special development techniques to prevent degradation
of the site, or may require limited development, or in certain instances,
may preclude development. See also physical constraints to
development.
A deed, a bond, money, or letter of credit delivered to the
Town, which shall be delivered by the Town to the grantee only upon
fulfillment of one (1) or more specified conditions.
The official action of the Planning Board taken on a preliminary
approved subdivision or site plan, after all conditions, engineering
plans, and other requirements have been completed or fulfilled and
the required improvements have been installed, or guarantees properly
posted for their completion, or approval conditioned upon the posting
of such guarantee.
The final stage of land development and subdivision review
required prior to recording of lots, sale of lots, or start of construction.
The final drawing(s) of all or a portion of a subdivision
to be recorded after approval by the Planning Board and any accompanying
material as described in the Town's regulations and/or required
by the Planning Board.
See R.I. State Building Code.
The Portsmouth Town Council, having the power to adopt Ordinances,
accept public dedications, release public improvement guarantees,
and collect fees.
The slope of a street, or other public way, specified in
percentage (%) terms.
A planting of low growing plants or sod that in time forms
a dense mat covering the area, preventing soil from being blown or
washed away and the growth of unwanted plants.
A shallow channel usually set along a curb or the pavement
edge of a road for purposes of catching and carrying off runoff water.
Any material that substantially reduces or prevents the infiltration
of water.
A body of water, such as a pond, confined by a dam, dike,
floodgate or other barrier.
A security instrument accepted by a municipality to ensure that all improvements, facilities, or work required by the land development and subdivision regulations, or required by the municipality as a condition of approval, will be completed in compliance with the approved plans and specifications of a development. See Article X.
Any natural or built item which becomes part of, is placed
upon, or is affixed to, real estate.
A sewage disposal system or any other sewage treatment device
approved by the State.
Irregularly shaped lots are lots that are not basically rectangular
in shape, particularly within the required front yard area. Irregularly
shaped lots shall receive special consideration by the Board in that
lot frontage may be determined at a depth of thirty feet (30'), radially
opposite and concentric with the front boundary providing that the
front boundary line is not less than seventy-five feet (75') in length.
This thirty-foot (30') strip to be excluded from the overall lot size
requirement.
The land development and subdivision review regulations adopted
under the provisions of the R.I. Land Development and Subdivision
Review Enabling Act of 1992.[2] For purposes of clarification, throughout these regulations,
where reference is made to local regulations, it shall be understood
as the land development and subdivision review regulations, the zoning
ordinance, and all related ordinances and rules properly adopted pursuant
to the above enabling act.
Any security instrument which may be required and accepted
by the Town to insure that necessary improvements will function as
required for a specific period of time. See improvement guarantee.
Any land development plan not classified as a minor land
development plan or administrative subdivision.
Any subdivision not classified as either an administrative
subdivision or a minor subdivision.
A service street that runs parallel to a higher-order street
which, for purposes of safety, provides access to abutting properties
and separation from through traffic. May be designed as a residential
access street or subcollector as anticipated daily traffic dictates.
An overall plan for a proposed project site outlining general, rather than detailed, development intentions. It describes the basic parameters of a major development proposal, rather than giving full engineering details. Required in major land development or major subdivision review. See Article VI.
A development plan for a residential project as defined in
Town regulations, provided that such development does not require
waivers or modifications as specified in these regulations. All nonresidential
land development projects shall be considered as major land development
plans.
A plan for a residential subdivision of land consisting of
five (5) or fewer units or lots, provided that such subdivision does
not require waivers or modifications as specified in these regulations.
All nonresidential subdivisions shall be considered as major subdivisions.
See Article XIII.
A building which contains three (3) or more units.
A subdivision designed or intended for the erection thereon
of one (1) or more structures each containing two (2) or more dwelling
units.
A lot, or contiguous group of lots in single ownership or
under single control, and usually considered a unit for purposes of
development. It is also referred to as a tract.
All that portion of a development that is used by vehicles,
comprising the total area used for vehicular access, circulation,
parking, loading and unloading.
Any security that may be accepted by the Town as a guarantee
that the improvements required as part of an application for development
are satisfactorily completed.
The Town agency of government specifically empowered by State
enabling law and Town Ordinance to hear and decide specific matters
pertaining to local land use.
A natural person, a corporation, a partnership, an association
or any other organization or entity.
A surface that permits full or partial absorption of water.
Development, usually for large-scale projects, where construction of public and/or private improvements proceeds by section(s) subsequent to approval of a master plan for the entire site. See Article VII.
Characteristics of a site or area, either natural or man-made,
which present significant difficulties to construction of the uses
permitted on that site, or would require extraordinary construction
methods. See also environmental constraints.
An area of a minimum contiguous size, as specified by Ordinance,
to be planned, developed, operated, and maintained as a single entity
containing one (1) or more structures to accommodate commercial or
office uses, or both, and appurtenant common areas and other uses
incidental to the predominant uses.
The official planning agency of the Town of Portsmouth, whether
designated as the plan commission, planning commission, plan board,
or as otherwise known. The body established by the Town that has the
responsibility to prepare a comprehensive plan and make recommendations
concerning that plan to the Town Council, to rule upon subdivisions
as provided in the Subdivision Regulations, and to rule upon, review
or advise upon other proposals as provided in these regulations.
The Planning Board of the Town of Portsmouth.
A drawing or drawings of a land development or subdivision
plan showing the location, boundaries, and lot lines of individual
properties, as well as other necessary information as specified in
the Town regulations.
An initial meeting between developers and Town representatives which affords developers the opportunity to present their proposals informally and to receive comments and directions from the Town officials and others. See Article III.
Any street or other roadway, sidewalk, pedestrian way, tree,
lawn, off-street parking area, drainage feature, or other facility
for which the Town government or other governmental entity either
is presently responsible, or will ultimately assume the responsibility
for maintenance and operation upon Town acceptance.
A meeting of the Planning Board or governing body preceded by a notice, open to the public and at which the public shall be heard (for developments of more than five (5) lots.) See Article VI. Section C.3.
An open space area conveyed or otherwise dedicated to the
Town, municipal agency, board of education, State or county agency,
or other public body for recreational or conservation uses.
For the purposes herein, a public water authority shall be
the Portsmouth Water and Fire District, the Newport Water Department,
or the Prudence Island Utilities Company, as applicable to the geographic
area of Town serviced by or within the franchise area of same.
Any change of an approved or recorded subdivision plat or
in a lot recorded in the municipal land evidence records, or that
affects the lot lines of any areas reserved for public use, or that
affects any map or plan legally recorded prior to the adoption of
the Portsmouth land development and subdivision regulations. For the
purposes of these regulations any such action shall constitute a subdivision.
The lowest order of residential street. Provides frontage
for access to private lots, and carries traffic having destination
or origin on the street itself. Designed to carry traffic at slowest
speed. Traffic volume should not exceed two hundred fifty (250) ADT
at any point of traffic concentration. The maximum number of housing
units should front on this class of street.
The highest order of residential street. Conducts and distributes
traffic between lower-order residential streets and higher-order streets
(arterials and expressways). Since its function is to promote free
traffic flow, access to homes and parking should be prohibited. Collectors
should be designed to prevent use as shortcuts by non-neighborhood
traffic. Total traffic volume should not exceed three thousand (3,000)
ADT.
The number of dwelling units per gross acre of residential
land area including streets, easements and open space portions of
a development.
Middle order of residential streets. Provides frontage for
access to lots and carries traffic to and from adjoining residential
access streets. Traffic should have origin or destination in the immediate
neighborhood. Traffic volume should not exceed five hundred (500)
ADT at any point of traffic concentration.
A structure erected between lands of different elevation
to protect structures and/or to prevent the washing down or erosion
of earth from the upper slope level.
A strip of land occupied or intended to be occupied by a
street, crosswalk, railroad, road, electric transmission line, gas
pipeline, water main, sanitary or storm water main, shade trees, or
for another special use.
A structure or planting consisting of fencing, berms, and/or
evergreen trees or shrubs providing a continuous view obstruction
within a site or property.
U.S. Soil Conservation Service.[3]
A deposit of soil that has been transported from its site
of origin by water, ice, wind, gravity, or other means. See Portsmouth
Soil Erosion and Sedimentation Ordinance.[4]
An underground system with a septic tank used for the decomposition
of domestic wastes.
A watertight receptacle that receives the discharge of sewage.
The distance between the street right-of-way line and the
front line of a building or any projection thereof.
The graded part of the right-of-way that lies between the
edge of the main pavement (main traveled way) and the lot line.
A triangular-shaped portion of land established at street
intersections in which nothing is erected, placed, planted, or allowed
to grow in such a manner as to limit or obstruct the sight distance
of motorists entering or leaving the intersection.
An accurately scaled development plan that illustrates the
existing conditions on a land parcel as well as depicting details
of a proposed development.
The date the building permit was issued, provided the actual
start of construction, repair, reconstruction, placement, substantial
improvement or other improvement was within one hundred eighty (180)
days of the permit date. The actual start means either the first placement
of permanent construction of a structure on a site, such as the pouring
of a slab or footings, the installation of piles, the construction
of columns, or any work beyond the stage of excavation; or the placement
of a manufactured home on a foundation. Permanent construction does
not include land preparation, such as clearing, grading and filling,
nor does it include the installation of streets and/or walkways; nor
does it include excavation of temporary forms; nor does it include
the installation on the property of accessory buildings such as garages
or sheds not occupied as dwelling units or not part of the main structure.
A provision for storage of storm water runoff and the controlled
release of such runoff during and after a flood or storm. A man-made
or natural water collector facility designed to collect surface and
sub-surface water in order to impede its flow and to release the same
gradually at a rate not greater than that prior to the development
of the property, into natural or man-made outlets.
A provision for storage of storm water runoff. A pond, pool
or basin used for storage of storm water runoff.
A method of roadway organization that identifies a street
hierarchy according to function within a road system, that is, types
of vehicles served and anticipated volumes, for the purposes of promoting
safety, efficient land use and the design character of neighborhoods
and districts. Local classifications shall use the following as major
categories:
ARTERIALA major street that serves as an avenue for the circulation of traffic into, out of, or around the municipality and carries high volumes of traffic.
COLLECTORA street whose principal function is to carry traffic between local streets and arterial streets but that may also provide direct access to abutting properties.
LOCALStreets whose primary function is to provide access to abutting properties.
The mechanical and utility systems within a street right-of-way,
such as hydrants, manhole covers, traffic lights and signs, utility
poles and lines, and parking meters.
An adequate and permanent way of entering a lot. All lots
of record shall have access to a public street for all vehicles normally
associated with the uses permitted for that lot.
A public or private thoroughfare primarily designed to serve
as secondary access to the side or rear of those properties whose
principal frontage is on some other street.
A local street with only one (1) outlet and having an appropriate
vehicular turnaround, either temporary or permanent, at the closed
end.
A freeway or expressway providing for through traffic. Owners
or occupants of abutting property on lands and other persons have
no legal right to access, except at such points and in such manner
as may be determined by the public authority having jurisdiction over
the highway.
A thoroughfare established as a separate tract for the benefit
of multiple, adjacent properties and meeting specific, municipal improvement
standards. This definition shall not apply to driveways.
All public property reserved or dedicated for street traffic.
A portion of a street reserved to provide access to future
development, which may provide for utility connections.
A public or private thoroughfare used, or intended to be
used, for passage or travel by motor vehicles. Streets are further
classified by the functions they perform. The word "street" shall
be defined as the entire width between boundary lines of every way
when any part thereof is open to the use of the public for purposes
of vehicular traffic. See street classification.
Any person who (1) having an interest in land, causes it,
directly or indirectly, to be divided into a subdivision or who (2)
directly or indirectly sells, leases, or develops, or offers to sell,
lease, or develop, or advertises to sell, lease, or develop, any interest,
lot, parcel, site, unit, or plat in a subdivision, or who (3) engages
directly or through an agent in the business of selling, leasing,
developing, or offering for sale, lease, or development a subdivision
or any interest, lot, parcel, site, unit, or plat in a subdivision.
(May also be referred to as the developer.)
The division or re-division, of a lot, tract or parcel of
land into two (2) or more lots, tracts, or parcels. Any adjustment
to existing lot lines of a recorded lot by any means shall be considered
a subdivision. All re-subdivision activity shall be considered a subdivision.
The division of property for purposes of financing constitutes a subdivision.
A committee appointed by the Planning Board for the purpose
of reviewing, commenting, and making recommendations to the Planning
Board with respect to approval of land development and subdivision
applications.
Improvements built and maintained by a developer during construction
of a development project and prior to release of the improvement guarantee,
but not intended to be permanent.
The original upper layer of soil material which is usually
darker and richer than the subsoil.
Means the Town of Portsmouth.
A waiver from compliance with a specific provision of the
Subdivision Regulations granted to a particular property owner because
of the practical difficulties or unnecessary hardship that would be
imposed by the strict application of that provision of the Regulations.
The right to initiate or continue the development of an approved project for a specified period of time, under the regulations that were in effect at the time of approval, even if, after the approval, the regulations change prior to the completion of the project. See Article I.
See Article XIII.
