The subdivider, or developer, shall bear all expenses, and shall construct all improvements, where required by the Planning Board in granting approval for any subdivision or land development project subject to these Regulations. Performance and maintenance guarantees shall be required for the construction and on-going maintenance and repair of all public improvements according to the provisions of Article 9.
A.
Subdivision design and construction should maintain the present rural character of the island. It shall minimize ground disturbance, follow existing land contours, preserve large trees and other natural features, preserve stone walls and other cultural features, and protect ponds, wetlands, the island's sole source aquifer and other areas of critical concern as they may be identified in the New Shoreham Comprehensive Plan. Efforts shall be made to incorporate such features into the development, including use of stone walls as lot lines or other boundaries.
B.
Subdivision design and siting of structures shall not have an adverse impact on ridge lines and significant public viewsheds, particularly those identified in the New Shoreham Comprehensive Plan, as amended; see Viewshed Map in Appendix D of these Regulations. The Planning Board may require that development be constructed into hillsides rather than on hilltops in order to preserve views and vistas which the Town deems important or significant.
Note: Appendix D is included as an attachment to this chapter.
C.
Streets should, except in particularly high traffic areas, be of a permeable surface and all subdivision streets are to be owned and maintained by the private landowners serviced by the street. Public ownership of streets is not encouraged.
D.
All utilities, including transmission lines, pipes, and pumping stations, are to be placed underground, unless waived by the Planning Board due to design, installation or maintenance considerations.
E.
Bicycle paths, pedestrian walkways and greenways shall be incorporated into the proposed subdivision where appropriate to connect and intersect with similar existing or proposed facilities.
A.
Site Analysis Required. An analysis of the subdivision site and nearby areas shall be required by the Planning Board for all major subdivisions. The scope and content of this analysis shall be discussed during any pre-application meeting and shall be presented by the subdivider or developer during the master plan stage of review. Similar analysis may be required by the Planning Board for any minor subdivision if the Board finds that the proposed development may have a negative impact on the existing natural and built environment or would be inappropriate for the character of the surrounding neighborhood.
B.
Contents of Site Analysis. Site analysis shall identify the following specific areas to be preserved as undeveloped open space to the extent consistent with the reasonable utilization of land in accordance with applicable state and town regulations:
1.
Unique or fragile ecological, cultural and visual areas, including fresh and saltwater wetlands, coastal features and significant public viewsheds;
2.
Significant trees or stands of trees, or other vegetation that may be of particular horticultural or landscape value;
3.
Lands in a floodplain, or subject to flooding, as designated on any federal or state flood maps depicting the property (See § 1013);
4.
Steep slopes (15% or greater);
5.
Habitats of endangered species, as identified on applicable federal and state listings;
6.
Historically and archaeologically significant structures and sites, as listed on applicable federal or state lists; and
7.
Agricultural lands.
A.
General Standards. The Planning Board shall have the right to prohibit or require modification to lots which are shaped or configured in such a manner as to conflict with the use of the land for the intended purpose. Unusual shapes, angles and dimensions shall be avoided in lot layout and design. Additionally:
1.
All lots shall meet the dimensional standards of the highest zone in which they are located, with Residential A (RA) being the highest and Service Commercial (SC) the lowest.
2.
Water bodies, coastal and freshwater wetlands, and other areas not considered developable land (see § 304) shall not be used to fulfill the minimum lot area requirements for the zone in which the subdivision is located.
3.
All side lot lines shall be as nearly at right angles to the street right-of-way as practicable or shall be radial in arrangement when the right-of-way is curved.
4.
Lots shall, whenever possible, conform to existing field configurations, stone wall defined enclosures, or other pre-existing patterns and topography.
5.
No lot shall have a ratio of average lot length to average lot width in excess of three to one.
6.
All lots shall have direct access or right-of-way access to an existing public road.
B.
Road Improvements. Where such existing public road has not been improved to the standards and specifications as required in these regulations, the Board may require the developer to make improvements to that part of the public road leading to the property being subdivided where necessary for drainage, safety, traffic or other reasons as deemed proper by the Board.
Easements may be required by the Planning Board where necessary for the proper location and placement of improvements on private land as described below. The Board may, at its discretion, require the dedication of land to the Town in lieu of easements if such dedication would provide greater control over, and access to, the intended use. In addition to rights-of-way, easements may be required for the following purposes:
A.
Water Course. Where a subdivision is traversed by a water course, drainage way or stream, there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines of such water course, and of such width as will be adequate for the purpose.
B.
Sanitary Sewer. Within the sewer district, easements across lots or centered on rear or side lot lines may be provided for sanitary sewers. The nominal width for a sewer easement shall be 30 feet.
C.
Drainage. Easements to install and maintain underground drainage facilities on private land may be required by the Planning Board. The nominal width for such a drainage easement shall be 20 feet.
D.
Grading. The Planning Board may require the dedication of an easement to the Town in order to grade or to maintain grading on private property where such grading is necessary to establish or maintain adequate drainage, sight distances, or topographic features required as a condition of subdivision approval.
E.
Utilities. Easements for water lines, electric and communication lines and other utilities may also be required. Whenever possible, utilities shall be grouped together and located within a right-of-way easement. All utility easements shall be a minimum width of 20 feet and contain, at least one concrete bound at each corner together with bounds at such other points as may be necessary to define the easement.
F.
Sight Distance. Where deemed necessary by the Planning Board to establish or maintain adequate sight distances for vehicular traffic, the dedication of an easement to the Town may be required which would prohibit the erection or maintenance of any visual obstruction such as a structure, tree, shrub, wall, earthen embankment, hill or any other obstruction.
G.
Bicycle or Pedestrian Access. Bicycle and pedestrian access shall be provided where required by the Planning Board to allow alternative connections to public roads, pathways, trails or other travelways on a separate strip of land dedicated to the Town, or on an easement having a minimum width of 15 feet.
H.
Viewsheds. Easements for the protection of significant public viewsheds may be required to be delineated on plans and recorded in appropriate documents.
I.
Other Easements. All other required easements, such as those for buffers, or no-cut zones, shall be of sufficient width and area for the intended purpose.
The following design standards shall be applied in the creation, extension or improvement of a street as a result of any subdivision or land development project:
A.
Topography and Lay-Out. The arrangement of streets shall be considered in relation to the existing street system, and topographic and natural conditions. The road system shall be designed to permit the safe, efficient and orderly movement of traffic; to meet, but not exceed, the needs of the present and future population; to have a simple and logical circulation pattern; to respect natural features and topography; and to create an attractive streetscape.
B.
Access and Connectivity. In residential subdivisions, the road system shall be designed to serve the needs of the neighborhood and to discourage use by through traffic. However, in major subdivisions the Planning Board may require more than one means of vehicle access. Proposed streets within a major subdivision shall provide for their continuation or projection to join with principal streets on the perimeter of the subdivision or with adjacent vacant property in order that the streets may be extended at some future time. The reservation of strips of land preventing such access to adjoining property shall be prohibited. The Planning Board may require the provision of a temporary turn-around until such time as the adjacent tract is developed.
C.
Ownership. Streets should be privately owned and maintained by the residents of the subdivision or development. When a road is privately owned and maintained, the owners have the responsibility to repair and maintain such road to the extent necessary to provide for safe vehicular travel by motor vehicles, including public safety and emergency vehicles. Any interpretation of the phrase "to the extent necessary to provide for safe vehicular travel" shall be made by the Planning Board. If the owners fail or refuse to repair and maintain the road, the Town may, in its discretion, undertake such repair and maintenance, following written notice to the property owners that it intends to do so. The Town may charge the owners of the lots with the reasonable costs of such repair and maintenance. Such charge shall be a lien on the lots enforceable and collectable by the Town in the same manner as property taxes.
D.
General Design.
1.
Street design shall provide adequate access for fire and rescue vehicles.
2.
Streets shall be constructed with permeable surfaces to reduce run-off and facilitate natural drainage. Where hard surface paving is necessary by virtue of steep slopes (grade in excess of 10%) and difficult terrain, porous paving shall be used to the practical extent possible, with suitable drainage provided.
3.
Street design shall ensure proper stabilization and drainage.
4.
A landscape and planting plan may be required by the Planning Board.
5.
Pedestrian walkways, greenways, bikeways and sidewalks may be required as part of the street design plan when deemed appropriate by the Planning Board.
6.
Rigid geometric street patterns will not be permitted.
E.
Dimensional Standards.
1.
Street intersection center lines shall coincide precisely or be offset by at least 150 feet).
2.
Street center lines shall intersect as nearly at right angles as practicable; no intersection shall contain an angle of less than 60°.
3.
Streets of the proposed subdivision connecting to an existing paved street must be paved from the intersection to a distance of not less than 30 feet.
4.
Cul-de-sac turnarounds and hammerheads shall, as a minimum, conform to the dimensional requirements and other specifications set forth in the Town of New Shoreham Utilities Standards — Section D.
5.
Any easement or right-of-way to be used as a street shall, as a minimum, conform to the dimensional requirements and other specifications set forth in Table 1 below. Right-of-way width, pavement width, and surface material may vary depending on specific site conditions.
F.
Lay-bys Required. Due to the width constraints of local roads, lay-by areas, which consist of a travel width of 20 feet for a length of 20 feet, shall be provided every 150 feet, or as determined by the Planning Board with consideration of available sight distances and site features and terrain.
G.
Construction Standards. Construction of all streets shall conform to the specifications set forth in the Town of New Shoreham Utilities Standards — Section D.
H.
Street Names. Every street shall have a name. An extension of an existing street shall have the same name as the existing street. Names of other proposed streets shall be substantially different from any existing street name in the Town of New Shoreham.
Table 1 | |||
|---|---|---|---|
Street Right of Way Standards | |||
Collector 20 to 50 homes | Local 11 to 20 homes | Local 10 or fewer homes | |
Right-of-Way Width | 30 feet | 30 feet | 20 feet |
Shoulder Width | 5 feet each side | 6 feet each side | 4 feet each side |
Travel Width | 20 feet | 18 feet | 10 feet |
Overhead Clearance | 14 feet | 14 feet | 14 feet |
Sidewalk | Yes1 | No | No |
Roadway Construction | paved or gravel2 | gravel2 | gravel2 |
1 | Design and construction to be determined by the Board |
2 | Gravel is not permitted where grades exceed 10% |
Bounds (concrete or granite boundary markers) shall be paid for by the subdivider or developer and placed by a registered land surveyor on the street line at the beginning of all horizontal curves on both sides of each subdivision street, and shall not be more than 500 feet apart, at the corners of the subdivided parcel and on at least one corner of each subdivision lot. Monuments will be set four inches above finished grade of the center of the street.
A.
Landscape Plans. Where natural vegetation is determined by the Planning Board to be insufficient, the Board shall require the developer to design for their approval, and then execute, an appropriate landscape plan using materials which are native to Block Island. The Planning Board may also, where deemed appropriate, require screening in the form of a dense, 10 feet in width, evergreen buffer along the common boundary between residential and commercial developments. Landscaping shall not adversely impact significant views. When requested, landscaping plans shall include provisions for maintenance of any such plan.
B.
Landscape Materials. Landscaping includes plant materials such as trees, shrubs, ground covers, grass and flowers, provided such plants are not invasive or potentially invasive species and are included in the Rhode Island Coastal Plant Guide developed by the University of Rhode Island College of the Environment and Life Sciences. The landscape plan may also incorporate other materials such as rocks, wetlands, paving materials, planters, signage and street furniture.
C.
Landscape Areas. Areas which may be required to provide landscaping shall include, but are not necessarily limited to:
1.
Drainage facilities, such as retention/detention basins or drainage swales;
2.
Entrance features;
3.
Open space areas;
4.
Proposed recreation facilities;
5.
Buffer areas;
6.
Lot areas disturbed during construction or where extensive grading has removed a significant amount of vegetation;
7.
Areas subject to re-grading or stabilization for soil erosion and sediment control purposes; and
8.
Above ground utility boxes, pump stations and other such fixtures.
D.
Process. If a landscape plan is required, the applicant shall be advised of this at the preliminary review stage of an administrative or minor subdivision and at the master plan stage of a major subdivision. Such landscape plan will be prepared by a registered landscape architect. It shall identify all existing and proposed landscape features, construction details as necessary, and a schedule for planting and completion.
A.
Sanitary Sewers. Sanitary sewers shall be required in all subdivisions located within the Sewer District of the Town of New Shoreham and shall conform to the construction standards and specifications set forth in the Town of New Shoreham Utilities Standards Section A.
B.
Public Water. Water stops shall be provided for each lot in subdivisions located within the area served by public water supply. Construction of any public water system shall conform to the specifications set forth in the Town of New Shoreham Utilities Standards Section B.
C.
Fire Hydrants. Hydrants shall be installed in all subdivisions served by public water supply. Hydrant type, location and spacing shall meet the minimum requirements of the Block Island Water Company. Installation of hydrants shall meet the specifications set forth in the Town of New Shoreham Utilities Standards Section B.
D.
Underground Installation. All utilities including wires, boxes, pipes and pump stations shall be placed underground. In cases where underground installation is not feasible for any reason, any alternate plan shall include the reasons installation is unfeasible and plans for mitigation of the effects of above ground installation and require specific approval by the Planning Board.
E.
Onsite Wastewater Disposal. Where onsite wastewater treatment systems (OWTS) are proposed, no proposed building lot shall be designed and located in such a manner as to require approval under, or relief from, § 506 of the Zoning Ordinance. In addition, every proposed building lot must be capable of supporting its own water supply and OWTS sited on that lot, except in a Flexible Design Residential Development (See § 403).
A.
Stormwater Management System. The stormwater management system may be comprised of both structural and non-structural elements. Appropriate structural elements include the Best Management Practices (BMPs) described in the RI Stormwater Design and Installations Manual (RI Stormwater Manual) and the associated conveyance system. Low Impact Design (LID) site planning and design elements (see Subsection D below) that mitigate pollution, reduce sedimentation, provide visual amenities and provide wildlife habitat shall be utilized over structural elements, unless waived by the Planning Board due to the characteristics of the site and/or the proposed development, and based upon evidence submitted to the Planning Board by an appropriate professional (engineer, land surveyor, landscape architect).
B.
Stormwater Calculation Methodology. Where a stormwater management plan and run-off calculations are required they shall be prepared by a registered professional engineer or landscape architect, as qualified. The stormwater calculations, runoff rates and system design shall be based upon the methods established in the RI Stormwater Manual.
C.
Stormwater Management Requirements. The stormwater management plan shall further indicate how the following specific requirements will be met:
1.
That each lot will be adequately drained;
2.
That natural drainage patterns will be maintained whenever possible;
3.
That all existing watercourses will be left open unless approval to enclose is granted by the Planning Board;
4.
That all new open watercourses will be seeded or sodded, depending on grades and soil types;
5.
That the water quality of any receiving water, particularly the salt pond, will be protected through use of BMPs;
6.
That provisions for continuing future maintenance and repair shall be provided to, and approved by, the Planning Board; and
7.
That all necessary easements to off-street watercourses will be obtained by the developer.
D.
Design Requirements.
1.
LID site planning and design strategies shall be used to the maximum extent practicable in order to reduce the generation of the water run-off volume, as follows:
a.
Maximum protection of undisturbed open space in order to maintain pre-development hydrology and allow natural infiltration;
b.
Maximum protection of natural drainage areas, streams, surface waters, wetlands and other regulated areas;
c.
Minimize land disturbance, including clearing and grading, and avoid areas susceptible to erosion and sediment loss;
d.
Minimize soil compaction and restore soils compacted as a result of construction activities;
e.
Provide low maintenance, native vegetation that encourages retention and minimizes use of lawns, fertilizers and pesticides;
f.
Minimize impervious surfaces;
g.
Minimize the decrease in the time it takes run-off to travel from the hydraulically most distant point of the drainage area to the point of interest within a watershed;
h.
Infiltrate precipitation as close as possible to the point it reaches the ground using vegetated conveyance and treatment systems;
i.
Break-up or disconnect the flow of run-off over impervious surfaces; and
j.
Provide source controls to prevent or minimize the use or exposure of pollutants into stormwater run-off at the site in order to prevent or minimize the release of those pollutants into the run-off.
2.
Stormwater should be recharged within the same subwatershed to the maximum extent possible.
3.
Open drainage and pipe conveyance systems must be designed to provide adequate passage for flows leading to, from and through stormwater management facilities for at least the peak flow from the ten-year twenty-four-hour Type III design storm event.
4.
The proposed drainage system shall be designed to accommodate stormwater so that post construction conditions do not result in peak run-off increases in rate or volume from pre-construction conditions.
F.
Constructions Standards. Where storm drainage systems are required, their construction and installation shall conform to the specifications set forth in the Town of New Shoreham Utilities Standards Section C.
A.
Stormwater Treatment. When the ultimate destination of stormwater run-off is a permanent natural body of water or wetland, the Planning Board shall require the subdivider or developer to treat the stormwater run-off flows with a variety of Best Management Practices (BMPs) to achieve substantial reduction in pollutant loads to maintain the water quality in the receiving waters. The developer will be required to conform to the current standards delineated in the RI Stormwater Manual.
B.
Drinking Water Standards. Stormwater discharges to drinking water reservoirs and their tributaries, degraded water bodies and poorly flushed estuaries will require higher pollutant removal efficiencies to meet the state's anti-degradation policies and water quality regulations for water pollution control. Where required by the Planning Board, the subdivider or developer will be required to construct BMPs that achieve higher pollutant removal rates and mitigate potential detrimental effects to satisfy water quality goals.
C.
Buffers. Buffers and setbacks from existing wetlands and water bodies, required or recommended by Rhode Island Department of Environmental Management (RIDEM) and the Rhode Island Coastal Resource Management Council (CRMC), as applicable, and the Town of New Shoreham, shall be incorporated into any plan and shall be strictly adhered to. Areas designated as buffer areas shall be described in terms of composition, use and maintenance.
A.
Soil Erosion and Sediment Control Plan. Major land developments and major subdivisions shall submit a soil erosion and sediment control plan as required by the Town of New Shoreham Soil Erosion and Sediment Control Ordinance, adopted June 3, 1991, as amended. Unless required by the Planning Board, minor land developments, minor subdivisions and administrative subdivisions shall not be required to submit a soil erosion and sediment control plan if the land disturbing activity involved meets all of the following criteria:
1.
Construction activity will not take place within 100 feet of any wetland or coastal feature;
2.
Slopes at the site do not exceed 10%;
3.
The total area of land disturbance does not exceed 2,000 square feet;
4.
Proposed grading does not exceed two feet of cut or fill at any point; and
5.
The grading does not involve a quantity of fill greater than 50 cubic yards.
B.
Plan Preparation. The erosion and sediment control plan shall be prepared by a registered professional engineer or registered landscape architect.
C.
Plan Contents. The erosion and sediment control plan shall include sufficient information to form a clear basis for discussion and review and to assure compliance with all applicable requirements of these Regulations. The plan shall be consistent with the data collection, analysis, and plan preparation guidelines in the current "Rhode Island Soil Erosion and Sediment Control Handbook" prepared by the US Department of Agriculture, Soil Conservation Service. At a minimum, the plan shall contain:
1.
A narrative description, with supporting documentation and maps, describing the proposed land disturbing activity and the erosion and sediment control measures to be installed;
2.
Construction drawings detailing all land disturbing activity including existing and proposed contours, cuts and fills, drainage features, vegetation, limits of clearing and grading, the location of erosion and sediment control and stormwater management measures, with detailed drawings of these measures, location of stockpiles and borrow areas, and the sequence and scheduling of construction; and
3.
Any other information deemed necessary and required by the Planning Board.
D.
Performance Principles. The erosion and sediment control plan shall clearly-meet the performance principles contained within the current version of the Town of New Shoreham Soil Erosion and Sediment Control Ordinance, except however, when related to the control of stormwater run-off, the stormwater management requirements and standards of these Regulations shall govern.
E.
Maintenance of Measures. Maintenance of all erosion sediment control features under these Regulations shall be the responsibility of the developer. Watercourses originating and located completely on private property shall be the responsibility of the developer to their point of open discharge at the property line or at a communal watercourse within the property. If proper maintenance procedures are not followed, the Planning Board may authorize the Director of Public Works to take the steps necessary to ensure proper maintenance by using the guarantee funds as provided for in § 905.
F.
Periodic Inspections. The Director of Public Works may require inspections at such intervals as he/she may deem necessary to ensure proper compliance with the approved erosion and sediment control plan. Copies of all inspection reports shall be available to the developer upon request.
The Planning Board shall examine any proposed subdivision or land development to ensure that if any part of the subdivision or development is located within an area of special flood hazard as identified in the Federal Emergency Management Agency Flood Hazard Boundary Maps, adequate protection is provided against flood damage with respect to materials, utilities, design and construction.
A.
Purpose. This section is intended to ensure that the subdivider or developer provide off-site infrastructure improvements in order to mitigate the impacts which are directly or indirectly attributable to new development. Such improvements may be required by the Planning Board if the Board finds that there is a reasonable relationship between the requested improvement and the proposed new development. Off-site improvements may include, but are not limited to the following:
B.
Definition and Principles. As a condition of any final approval, the Planning Board may require a subdivider or developer to construct reasonable and necessary improvements off of the land being subdivided or developed. Such improvements are those clearly and substantially related to the subdivision or land development being proposed. The Planning Board shall provide in its final approval the rationale for requiring such off-site improvements and must find that a significant negative impact on existing conditions will result if the improvements are not made. All required off-site improvements must reflect the character defined for that neighborhood or district by the New Shoreham Comprehensive Plan.
The following procedures shall be followed in the construction of any subdivision or related improvement:
A.
Pre-Construction Meeting. A pre-construction meeting shall be held with the Director of Public Works at least seven days prior to the start of construction. The subdivider or developer, or a duly authorized representative, and the on-site project manager or contractor shall attend.
B.
Inspections. Inspections and approvals by the Director of Public Works shall be required as follows:
1.
Following installation of all underground drainage structures, systems and utilities prior to back filling;
2.
Following the preparations of road sub-grade and shoulders;
3.
Following the application and compaction of road surfacing materials and, if required, the completion of sidewalks;
4.
Following completion of all improvements and installation of bounds; and
5.
At periodic intervals to ensure compliance with the erosion and sediment control plan.
C.
Notice and Fees. The developer shall notify the Director of Public Works when the project is ready for each of the above required inspections. Inspection fees shall be paid as established in § 503.
D.
As-Built Drawings. Upon completion of construction and all required improvements, and before the performance bond is released and the maintenance bond is accepted, the developer shall furnish one complete mylar set, five complete sets of blue line copies, and one complete set of 11 inches x 17 inches reductions of "as built" drawings of the completed project, as well as a digital file, to the Administrative Officer.