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.