[Amended 6-29-2018; 1-25-2024]
Where words or phrases used in these Regulations are previously
defined in the definition section of either the "Rhode Island Comprehensive
Planning and Land Use Regulations Act" (Section 45-22.2-4), or the
"Zoning Enabling Act of 1991" (Section 45-24-31), they shall have the meanings stated therein. Additional
words and phrases used in these Regulations shall have the following
meanings:
ABUTTER
Owner of land within 200 feet of the subdivision as determined
from the most recent public records. Land separated from proposed
subdivisions by a street right-of-way or easement is considered as
abutting land.
ADMINISTRATIVE OFFICER
The municipal official designated by the local regulations
to administer the land development and subdivision regulations and
to review and approve qualified applications and/or coordinate with
local boards and commissions, municipal staff and state agencies as
set forth herein. The Director of the Department of Planning and Community
Development and the Town Planner shall serve as the Administrative
Officer(s).
ADMINISTRATIVE SUBDIVISION
Subdivision of existing lots which yield no new or additional
lots for development and involve no creation or extension of streets.
This subdivision only involves divisions, mergers, mergers and division,
or adjustments of boundaries of existing lots.
BOARD OF APPEALS
The local review authority for appeals of actions of the
Administrative Officer on matters of land development or subdivision,
which shall be the Cumberland Zoning Board of Review constituted as
the Board of Appeals.
BOND
See "Improvement guarantee."
BUILDABLE LOT
A lot where construction for the use(s) permitted on the
site under the local Zoning Ordinance is considered practical by the Planning Board, considering
the physical constraints to development of the site as well as the
requirements of the pertinent federal, state and local regulations.
CERTIFICATE OF COMPLETENESS
A notice issued by the Administrative Officer informing the
applicant that the application submitted to the officer by applicant
is complete and meets the requirements of the Town's Regulations,
and that the applicant may proceed with the review process. Does not
indicate project approval status.
CONCEPT PLAN
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.
CONSISTENCY WITH THE COMPREHENSIVE PLAN
A requirement of all land use regulations which mean that
all regulations and subsequent actions shall be in accordance with
the public policies arrived at through detailed study and analysis
and adopted by the Town as the Cumberland Comprehensive Community
Plan 1991-2010, as amended.
DEDICATION, FEE-IN-LIEU OF
Payments of cash which are authorized when requirements for
mandatory dedication of land are not met because of physical conditions
of the site or other reasons.
DEVELOPER
A person or entity, who is the principal representative for
the project proposal at the time of recording, who posts the improvement
guarantee and is responsible for constructing the infrastructure in
accordance with the approved plans. The developer may be the owner
of the property or the project applicant.
DEVELOPMENT PLAN REVIEW
Design or site plan review of a development of a permitted
use. The process whereby the Planning Board is authorized to review
site plans, maps, and other documentation of a development to determine
the compliance with the stated purposes and standards of the Zoning
Ordinance and these Regulations. The Planning Board may utilize
the review under limited circumstances to encourage development to
comply with design and/or performance standards of the community under
specific and objective guidelines, for developments, including, but
not limited to:
(1)
A change in use at the property where no extensive construction
of improvements is sought;
(2)
An adaptive reuse project located in a commercial zone where
no extensive exterior construction of improvements is sought;
(3)
An adaptive reuse project located in a residential zone which
results in less than nine residential units;
(4)
Development in a designated urban or growth center;
(5)
Institutional development design review for educational or hospital
facilities; or
(6)
Development in a historic district.
DEVELOPMENT REGULATION
Zoning, subdivision, land development plan, development plan
review, historic district, official map, floodplain regulation, soil
erosion, Holding Pond Ordinance, or any other governmental regulation
of the use and development of land.
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."
FINAL PLAN
The final stage of land development and subdivision review.
FINAL PLAT
The final drawing(s) of all or a portion of a subdivision
to be recorded after approval by the Planning Board and any accompanying
materials as described in these Regulations.
FLOOD HAZARD
Those areas delineated by the Flood Hazard Zones § 6-C.
GOVERNING BODY
The body of local government having the power to adopt ordinances,
accept public improvements and dedication, release public improvement
guarantees, and collect fees. The Cumberland Town Council is the governing
body in the Town of Cumberland.
IMPROVEMENT GUARANTEE
A security instrument accepted by the Town to ensure that
all improvements, facilities, or work required by the Land Development
and Subdivision Regulations, or required by the Town as a condition
of approval, will be completed in compliance with the approved plan
and specifications of a development.
IMPROVEMENTS
Any natural or built item, which becomes part of, is placed
upon, or is affixed to, real estate.
LAND DEVELOPMENT PROJECT
A project in which one or more lots, tracts, or parcels of
land or a portion thereof are to be developed or redeveloped as a
coordinated site for a complex of uses, units, or structures, including,
but not limited to: planned development, conservation development
or cluster development for residential, commercial, institutional,
recreational, open space, or mixed uses as may be provided for in
the Zoning Ordinance.
LOCAL REGULATIONS
The Land Development and Subdivision Regulations adopted
by the Cumberland Planning Board pursuant to Rhode Island General
Laws § 45-23.
LOT DEPTH
The greatest lineal distance of a lot lying between and generally
measured perpendicular to a street right-of-way and a rear lot line.
LOT WIDTH
The lineal distance of a lot lying between and generally
measured perpendicular to side lot lines at its most narrow point
from the minimum frontage line.
MAINTENANCE GUARANTEE
Any security instrument which may be required and accepted
by the Town to ensure that necessary improvements will function as
required for a specific period of time.
MAJOR CHANGES
Any change to a plan, which in the opinion of the Administrative
Officer, substantially impacts the project and/or is inconsistent
with the intent of the original approval. Major changes shall include,
but are not limited to, the following:
(1)
Changes that have the effect of creating additional lots or
units;
(2)
Changes to any dimension contained in the plan exceeding 20%;
(3)
Changes that would require a waiver from these Regulations or
a variance or special use permit from the permitting authority;
(4)
Changes that may have significant negative impacts on abutting
property or property in the vicinity of the project;
(5)
Significant realignment of streets or entrance changes;
(6)
Exceeding the limits of disturbance as specified in the final
plan.
MAJOR LAND DEVELOPMENT
Any land development project which exceeds the thresholds
for a minor land development project as set forth in this section.
MASTER PLAN
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 only. It is the first formal review step of the major land
development or major subdivision process and the step in the process
in which the public hearing is held (see R.I.G.L. § 45-23-39).
MINOR CHANGES
Any change to a plan, which, in the opinion of the Administrative
Officer, does not substantially impact the project, is consistent
with the intent of the original approval, and is not a major change.
MINOR LAND DEVELOPMENT PROJECT
A land development project involving any one of the following:
(1)
Seven thousand five hundred gross square feet or less of floor
area of new commercial, manufacturing or industrial development.
(2)
An expansion of up to 50% of existing floor area or up to 10,000
square feet for commercial, manufacturing, or industrial structures.
(3)
Mixed-use development consisting of up to six dwelling units
and 2,500 or less gross square feet of commercial space.
(4)
Multifamily residential or residential condominium development
of nine units or less.
(5)
Change in use at the property where no extensive construction
of improvements are sought.
(6)
An adaptive reuse project of up to 25,000 square feet of gross
floor area located in a commercial zone where no extensive exterior
construction of improvements is sought.
(7)
An adaptive reuse project located in a residential zone which
results in less than nine residential units.
MODIFICATION OF REQUIREMENTS
The Planning Board shall have the power to grant such waivers
and/or modifications from the requirements for land development and
subdivision approval as may be reasonable and within the general purpose
and intent of these Regulations; a waiver.
NOTICE AREA
Two hundred feet from the perimeter of the entire property
under consideration.
PARCEL
A lot, or contiguous group of lots in single ownership or
under single control, and usually considered a unit for purposes of
development. Also referred to as a tract.
PARKING AREA OR LOT
All that portion of a development that is used by vehicles,
the total area used for vehicular access, circulation, parking, loading
and unloading.
PERMITTING AUTHORITY
The local agency of government, meaning any board, commission
or Administrative Officer specifically empowered by state enabling
law and local regulation or ordinance to hear and decide on specific
matters pertaining to local land use.
PHASED DEVELOPMENT
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.
PHYSICAL CONSTRAINTS TO DEVELOPMENT
Characteristics of a site or area, either natural or manmade,
which present significant difficulties to construction of the uses
permitted on that site, or would require extraordinary construction
methods. See also environmental constraints.
PLANNING BOARD
The Planning Board of the Town of Cumberland, Rhode Island.
PLAT
A drawing or drawing 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
these Regulations. Also referred to as a plan.
PRE-APPLICATION CONFERENCE
An initial meeting between developers and municipal representatives
which affords developers the opportunity to present their proposal
informally and to receive comments and directions from the municipal
officials and others.
PRELIMINARY PLAN
A required stage of land development and subdivision review
which generally requires detailed engineered drawings.
PUBLIC IMPROVEMENT
Any street or other roadway, sidewalk, pedestrian way, tree,
lawn, off-street parking area, drainage feature, or other facility
for which the local government or other governmental entity either
is presently responsible or will ultimately assume the responsibility
for maintenance and operation upon municipal acceptance.
PUBLIC INFORMATIONAL MEETING
A meeting of the Planning Board preceded by a notice, open
to the public and at which the public shall be heard.
RE-SUBDIVISION
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 local Development and Subdivision Regulations. For the purposes
of these Regulations such action shall constitute a subdivision.
STORMWATER DETENTION
A provision for storage of stormwater runoff and the controlled
release of such runoff during and after a flood or storm.
STREET
A public or private thoroughfare used, or intended to be
used, for passage or travel by motor vehicles. Streets are further
classified by the function they perform. See "Street classification."
STREET CLASSIFICATION
A method of roadway organization which identifies a street
hierarchy according to functions within a road system, that is, types
of vehicles served and anticipated volumes of traffic, for the purpose
of promoting safety, efficient land use and the design character of
neighborhoods and districts. Local classifications shall use the following
as major categories:
(1)
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.
(2)
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.
(3)
LOCALStreets whose primary function is to provide access to abutting properties.
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.
STREET, ALLEY
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.
STREET, CUL-DE-SAC
A local street with only one outlet and having an appropriate
vehicle turnaround, either temporary or permanent, at the closed end.
STREET, LIMITED ACCESS HIGHWAY
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 as such points and in such manner
as may be determined by the public authority having jurisdiction over
the highway.
STREET, PRIVATE
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.
STREET, PUBLIC
All public property reserved or dedicated for street traffic.
STREET, STUB
A portion of a street reserved to provide access to future
development, which may provide for utility connections.
SUBDIVIDER
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.
SUBDIVISION
The division of a lot, tract, or parcel of land into two
or more lots, tracts, or parcels. Any adjustment to existing lot lines
of a recorded lot by any means shall be considered a subdivision.
The division of property for purposes of financing constitutes a subdivision.
TECHNICAL REVIEW COMMITTEE
A committee of not fewer than three members, appointed by
the Town of Cumberland to conduct technical reviews of applications
subject to their jurisdiction.
TEMPORARY IMPROVEMENTS
Improvements built and maintained by a developer during construction
of a development project prior to a release of the improvement guarantee,
but not intended to be permanent.
VESTED RIGHTS
The right to initiate or continue the development of an approved
project for a specific 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.