The following words and terms are hereby defined relative to their use in these Regulations:
10.1 Administrative Officer. In accordance with § 7.1.1, the Administrative Officer is a member of the Planning Board who shall be elected by the Planning Board and is designated to administer these land development and subdivision regulations and to coordinate with other Town Boards and Commissions, municipal staff, and state agencies.
10.2 Administrative Subdivision. The re-subdivision of existing lots that 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.
10.3 Agricultural Land. Land suitable for agriculture by reason of suitability of soil or other natural characteristics or past use for agricultural purposes. Agricultural land includes that defined as prime farm land or additional farm land of statewide importance for Rhode Island by the soil conservation service of the United States Department of Agriculture.
10.4 Applicant. Any person who applies to the Planning Board for subdivision approval.
10.5 Board of Appeal. The Little Compton Zoning Board of Review, which shall be constituted as the Board of Appeal for appeals of actions of the Administrative Officer or Planning Board on matters relating to land development for subdivisions.
10.6 Bond. Any type of improvement guarantee.
10.7 Buildable Lot. A lot where construction for the use(s) permitted on the site under the Zoning Ordinance is considered practicable by the Planning Board, considering the physical constraints to development of the site as well as the requirements of pertinent federal, state and local regulations.
10.8 Certificate of Completeness. A notice issued by the Administrative Officer informing the applicant that the application is complete and meets the requirements of these regulations, and that the applicant may proceed with the approval process.
10.9 Coastal Feature. Coastal beaches, dunes, wetlands, cliffs, bluffs, embankments, rocky shores, and man-made shorelines as defined in Chapter 23 of Title 46, General Laws of Rhode Island, as amended.
10.10 Concept Plan. A drawing with accompanying information showing the basic elements of a proposed subdivision, as used for pre-application meetings and early discussions, and classification of the project within the approval process.
10.11 Cul-de-sac. The terminus of a street that has only one outlet, laid out to provide a circular or other type of turn-around for vehicles at the closed end.
10.12 Development Regulation. Zoning, subdivision, land development plan, development plan review, floodplain regulation, soil erosion control or any other governmental regulation of the use and development of land.
10.13 Division of Land. Any subdivision.
10.14 Easement. The right of a party to use all or part of the property of another for a specific purpose.
10.15 Endorsement. The signature of the Administrative Officer or Planning Board Chairperson on an approved plat, permitting recording of the plat.
10.16 Environmental Constraints. 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.
10.17 Final Plan. The final stage of subdivision.
10.18 Final Plat. Final drawing(s) of all or portion of a subdivision, and any accompanying materials, to be recorded in the Land Evidence Records after approval by the Planning Board.
10.19 Floodplain or Flood Hazard Area. An area that has one percent (1%) or greater chance of inundation in any given year, as delineated by the federal emergency agency pursuant to the National Flood Insurance Act of 1968, as amended (P.L. 90-448) [42 U.S.C. 4011 et seq.].
10.20 Improvement. Any natural or built site, that becomes part of, is placed upon, or is affixed to real estate.
10.21 Improvement Guarantee. A security instrument accepted by the Planning Board and held by Town Treasurer to ensure that all improvements, facilities, or work required by these regulations, or as a condition of approval, will be completed in compliance with the approved plans and specifications.
10.22 Lot Not for Development. A parcel of land recorded in the Land Evidence Records that is created or reserved for open space and conservation has or will be deeded to the Little Compton Agricultural Conservancy Trust, the Town of Little Compton, or the Rhode Island Department of Environmental Management, with appropriate deed and plat restrictions forbidding any development thereon, in accordance with state law.
10.23 Major Subdivision. Any subdivision not classified as either an administrative subdivision or a minor subdivision.
10.24 Master Plan. An overall plan for a major subdivision outlining general, rather than detailed, development intentions. It describes the basic parameters of a major subdivision, rather than giving full engineering details. It is required for review of major subdivisions.
10.25 Minor Subdivision. A plan for residential development that requires the subdivision of land consisting of five (5) or fewer lots, and does not require any waivers or modifications as specified in these Rules and Regulations. All nonresidential subdivisions shall be considered as major subdivisions.
10.26 Parcel. A lot, or contiguous group of lots in single ownership or under single control, and usually considered a unit for purposes of development.
10.27 Phased Development. Development where construction of public and/or private improvements proceeds by section(s) subsequent to approval of a master plan for the entire site.
10.28 Physical Constraints to Development. 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.
10.29 Planning Board. The official planning agency of the Little Compton.
10.30 Plat. A drawing or drawings of a subdivision plan showing the location, boundaries, and lot lines of individual properties, as well as other necessary information as specified in these Regulations.
10.31 Pre-application Conference. An initial meeting between developers and Planning Board and/or its representatives that affords developers the opportunity to present their proposals informally and to receive comments and directions from the Planning Board and others.
10.32 Preliminary Plan. The stage of subdivision review that requires detailed engineered drawings and all required state and federal permits.
10.33 Prime Farmlands. Those lands which meet the applicable criteria, as established by the U.S.D.A., Soil Conservation Service.
10.34 Private Way. A road providing legal frontage for no more than two (2) lots. The subdivider shall record documents assuring that the Town of Little Compton shall not be required to accept or maintain a private way and providing for private maintenance of such private way. Driveways are excluded from this definition.
10.35 Public Improvement. Any street or other roadway, sidewalk, pedestrian way, tree, lawn, off-street parking area, drainage feature, or other facility for which the Town of Little Compton or other governmental entity is presently responsible, or will ultimately assume responsibility for maintenance and operation upon the Town's acceptance.
10.36 Public Informational Meeting. A meeting of the Planning Board, preceded by notice, open to the public and at which the public shall be heard.
10.37 Re-subdivision. Any change of an approved or recorded subdivision plat or in a lot recorded in the 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 these Rules and Regulations.
10.38 Storm Water Detention. A provision for storage of storm water runoff and the controlled release of such runoff during and after a flood or storm.
10.39 Storm Water Retention. A provision for storage of storm water runoff.
10.40 Street. A public or private thoroughfare used, or intended to be used, for passage or travel by motor vehicles.
10.41 Street, Access To. 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.
10.42 Street, Cul-de-sac. A local street with only one outlet and having an appropriate vehicular turnaround, either temporary or permanent, at the closed end.
10.43 Street, Public. All public property reserved or dedicated for street traffic.
10.44 Street, Stub. A portion of a street reserved to provide access to future development, which may provide for utility connections.
10.45 Street Classification. A method of roadway organization which 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. The following are major categories:
a. Arterial - A major street that serves as an avenue for the circulation of traffic into, out of, or around the Town.
b. Collector - A street whose principal function is to carry traffic between local streets and arterial streets but that may also provide direct access to abutting properties.
c. Local - A street whose primary function is to provide access to abutting properties.
10.46 Subdivider. A 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 of any interest, lot parcel, site, unit, or plat in a subdivision.
10.47 Subdivision. The division or re-division of a lot, tract, or parcel of land into two (2) or more lots, tracts or parcels. Any adjustments to existing lot lines of a recorded lot by any means shall be considered a subdivision. All resubdivision activity shall be considered a subdivision. The division of property for purposes of financing constitutes a subdivision.
10.48 Travel Way. That portion of a street right-of-way that is used for vehicular travel.
10.49 Vested Rights. 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 completion of the project.