Where words or phrases used in these Regulations are defined in the definitions section of either: the Rhode Island Comprehensive Planning and Land Use Regulation Act of 1988, the Zoning and Enabling Act of 1991, the Charlestown Zoning Ordinance, or the Rhode Island Land Development and Subdivision Enabling Act of 1992, they shall have the meanings stated therein.
The following terms, for the purposes of these Regulations, shall have the meaning herein indicated.
The American Association of State Highway and Transportation Officials.
One whose property abuts at a border, boundary, or point with no intervening land.
The municipal official designated by the local regulations to administer the land development and subdivision regulations, to review and approve qualified applications and/or coordinate with local boards and commissions, municipal staff and state agencies as set forth herein. The Administrative Officer may be a member of, or the chair, of the planning commission, an employee of the municipal planning or zoning departments, or an appointed official of the municipality.
Re-subdivision of existing lots which yields no additional lots for development, and involves no creation or extension of streets. This subdivision only involves division, mergers, mergers and division, or adjustments of boundaries of existing lots.
An aggrieved party, for the purposes of these Regulations shall be:
Any land of five contiguous acres or larger that by reason of soil suitability or other natural characteristics is suitable for agriculture as defined in R.I. General Laws 45-22.2-4.
An owner or an authorized agent of the owner submitting an application.
The completed form and all accompanying documents, exhibits, plans, and fees required by these Regulations for approval.
Areas designated on the Town's official Flood Insurance Rate Maps as being located within zones V1-V30 and Zone A.
Engineering, landscaping and site design techniques that have been determined to be the most effective, practical means of preventing or reducing pollution from non-point sources such as pollutants carried by runoff.
The local review authority for appeals of actions of the Administrative Officer, which shall be the local zoning board of review constituted as the board of appeal.
Land which is maintained in either a native or landscaped state, and is used to screen and/or mitigate the impacts of development on surrounding properties, rights-of-ways, or uses.
Any structure used or intended for supporting or sheltering any use or occupancy.
The three dimensional space within which a structure is permitted to be built upon a lot and which is defined by building setbacks, maximum height, bulk, or other regulations, and/or any combination thereof.
A notice issued by the Administrative Officer informing an applicant that the application is complete and meets the requirements of these Regulations, and that the applicant may proceed with the review process.
A site planning technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space, agriculture, and/or preservation of environmentally, historically, culturally, or other sensitive features and/or structures. Under cluster development there is no increase in the number of lots over that which would be permitted under conventional development.
Also known as "shoreline feature," as identified in Section 210 of the R.I. Coastal Resources Management Program, as amended.
Coldwater fishery means waters in which naturally occurring water quality and/or habitat allow the maintenance of naturally reproducing indigenous coldwater fish populations.
All the policies and proposals for the future growth and development of the Town contained in a report entitled Charlestown Comprehensive Plan, adopted May 4, 2021, and all pursuant amendments or modifications adopted thereto pursuant to R.I. General Laws 45-22.2.
A drawing with accompanying information showing the basic elements of a proposed land development plan, site plan, or subdivision as used for pre-application meetings, early discussions, and classification of the project.
(1) | Freshwater wetlands, as defined by R.I.G.L. § 2-1-20 (1987), as amended, and any definitions contained in the rules and regulations governing the Administration and Enforcement of the Freshwater Wetlands Act, adopted pursuant to R.I.G.L. § 2-1-20.1., as amended. |
(2) | Water bodies. |
(3) | Land located in any Special Flood Hazard Area or floodway, as shown on the Flood Insurance Rate Maps or floodway maps of the Town of Charlestown, dated October 16, 2013, and any revisions thereto. |
(4) | The following types of coastal features as defined in the RI Coastal Resources Management Program, as amended: |
CRMP Section | Type of Coastal Feature |
|---|---|
210.1 | Coastal beaches |
210.2 | Barrier islands and spits, undeveloped |
210.3 | Coastal wetlands |
210.4 | Coastal headlands, bluffs and cliffs |
210.5 | Rocky shores |
210.6 | Manmade shorelines |
210.7 | Dunes |
(5) | Any area of the tract proposed to be developed equal to the area of any street, common private way, structural stormwater treatment practice not suitable for on-lot use due to safety and/or maintenance access needs, and/or utility rights-of-way, including drainage, gas or electrical power line easements. |
(6) | Any area of ledge and/or rock outcrops within four (4) feet of surface. |
(7) | Cemeteries and required buffers, sites having historical or archeological value as determined by RI Historical Preservation and Heritage Commission or the Narragansett Indian Tribal Council, and sites supporting federally endangered species of fauna or flora. |
The site planning and design process used to implement cluster subdivisions and land developments. Conservation development guides growth to the most appropriate areas within a parcel of land to avoid and minimize impacts to natural, cultural or recreational resources and other special features of the property, manages stormwater utilizing Low Impact Development (LID) techniques, and requires the set-aside of a permanent area of open space. This technique is further described in the Rhode Island Conservation Development Guidance Manual (DEM 2003). See Section 4.5 of these regulations.
Contributions of cash when requirements for mandatory dedication of land are not met because of physical considerations of the site or other reasons.
The number of dwelling units per unit of land.
Design or site plan review of a development of a permitted use. A municipality may utilize development plan review under limited circumstances to encourage development to comply with design and/or performance standards of the community under specific and objective guidelines, for the following categories of developments:
(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 (9) residential units; |
(4) | Development in a designated urban or growth center; or |
(5) | Institutional development for educational or hospital facilities. |
A subdivision.
A general term applied to the flow of surface or sub-surface water from a given area either by gravity or by pumping.
A structure or portion thereof providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation and containing a separate means of ingress and egress.
Authorization by a property owner for a specific use of any designated part of his/her property by another party.
Approval entered in writing by the Chair of the Planning Commission or the Administrative Officer on an approved plan.
A person who is registered and lawfully permitted to practice professional engineering in the State of Rhode Island.
A comprehensive, technical analysis and report by the applicant which is required to be submitted pursuant to Section 4.4 Environmental Analysis of these Regulations.
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.
Detachment and movement of soil, rock, or other mineral or organic fragments by water, wind, ice, or gravity.
A plan showing the devices and management practices placed, constructed on, or applied to the landscape that prevents or curbs the detachment of soil, its movement, and/or deposition. These plans shall be developed consistent with the guidelines provided in the "Rhode Island Soil Erosion and Sediment Control Handbook," published by the USDA NRCS, RIDEM, and the Rhode Island Conservation Committee as may be amended.
The Federal Emergency Management Agency.
The final stage of land development and subdivision review or a formal development plan review application.
The final drawing(s) of all or a portion of a subdivision to be recorded after approval by the Planning Commission and any accompanying material as required.
All zones, A, V and floodways, indicating at least 1% chance per year of damage or hazards due to flooding, as defined by the Federal Emergency Management Agency and delineated on National Flood Insurance Program Floodway and Flood Insurance Rate Maps.
As defined in R.I. General Laws 45-22.2-4.
The General Laws of the State of Rhode Island, together with all amending and related General Statutes subsequently enacted. The General Laws shall be cited in these Regulations as R.I. General Law, Chapter #, Section #.
The slope of a street or other public ways, specified in percentage (%) terms.
As defined in R.I. General Law 46-13.1-3.
Any material defined as a "hazard substance" by Section 101(14) of the {Comprehensive Environmental Response, Compensation and Liability Act of 1980} (42 U.S.C. 9605) as amended. Hazardous materials shall also include any hazardous waste, as well as any of the following materials: acetone, ethanol, ethylene oxide, methanol, methylene chloride and perchloroethylene.
Any site feature having importance to the history of the Town, including archaeological features.
An organization that is formed by a development in which individual owners share common interests and responsibilities for costs and upkeep of common open space or facilities.
Soils that are saturated, flooded or ponded with water long enough during the growing season to develop anaerobic conditions in the upper soil layer.
Those surfaces that cannot effectively infiltrate rainfall consisting of surfaces such as building rooftops, pavement, sidewalks, driveways, compacted gravel (e.g., driveways and parking lots).
Any natural or built item which becomes part of, is placed upon, or is affixed to, real estate.
Facilities and services needed to sustain residential, commercial, institutional and other activities.
A project in which one or more lots, tracts, or parcels of land or a portion thereof are developed or redeveloped as a coordinated site for one or more uses, units, or structures, including but not limited to, planned development or cluster development for residential, commercial, institutional, recreational, open space, or mixed uses.
MINOR LAND DEVELOPMENT PROJECTA land development project involving any one the following categories which has not otherwise been specifically designated by local ordinance as development plan review:
Seven thousand five hundred (7,500) gross square feet of floor area of new commercial, manufacturing or industrial development; or less, or
An expansion of up to fifty percent (50%) of existing floor area or up to ten thousand (10,000) square feet for commercial, manufacturing or industrial structures; or
Mixed-use development consisting of up to six (6) dwelling units and two thousand five hundred (2,500) gross square feet of commercial space or less; or
Multi-family residential or residential condominium development of nine (9) units or less; or
Change in use at the property where no extensive construction of improvements are sought; or
An adaptive reuse project of up to twenty-five thousand (25,000) square feet of gross floor area located in a commercial zone where no extensive exterior construction of improvements is sought; or
An adaptive reuse project located in a residential zone which results in less than nine (9) residential units.
MAJOR LAND DEVELOPMENT PROJECTA land development project which exceeds the thresholds for a minor land development project.
Land exclusive of constraints to development, in accordance with state law, and exclusive of land considered undevelopable by means of state regulation (including but not limited to freshwater and coastal wetlands buffer). Land suitable for development is used in the application of lot design standards and in the calculation of required open space for cluster style developments and is not used when calculating minimum lot area under zoning or in the calculation of the number of lots in a yield plan.
A person who is registered and lawfully permitted to practice land surveying in the State of Rhode Island.
A comprehensive approach to managing stormwater that is integrated into a project design to minimize the hydrologic impacts of development. The LID design process shapes development to fit into the landscape. The approach to stormwater management focuses on preserving undisturbed open space and reducing impervious cover, and use of natural systems to achieve stormwater management objectives to the extent feasible. The primary goal of LID is to reduce runoff and mimic the predevelopment site hydrology by using site planning and design strategies to store, infiltrate, evaporate, and detain runoff as close as possible to the point where precipitation reaches the ground. Stormwater is managed in smaller, cost-effective treatment practices located throughout the development site rather than being conveyed to and managed in one or more centralized facilities located at the bottom of drainage areas. Use of these strategies helps to reduce off-site runoff and ensure adequate groundwater recharge.
Either:
The basic development unit for determination of lot area, depth, and other dimensional requirements, or
A parcel of land whose boundaries have been established by some legal instrument such as a recorded deed or recorded map and which is recognized as a separate legal entity for purposes of transfer of title.
The proportion of average lot depth to average lot width, which shall not exceed 2.5 feet of depth for every one foot of lot frontage.
Any housing or community residence:
(1) | Subsidized by the federal or state government under any program to assist the construction or rehabilitation of low- and moderate-income housing as defined in the applicable federal or state statute; and | |
(2) | Built or operated by: | |
a. | Any public agency or nonprofit organization or limited equity housing cooperative; or | |
b. | Private developer of low- or moderate-income rental housing that remains low- and moderate-income housing for a period of not less than thirty (30) years from initial occupancy. | |
(3) | Except tenant-based rental assistance, mortgages and mortgage insurance where there is not construction or rehabilitation under a state or federal program. | |
A security which is required and held by the Town Treasurer to ensure that necessary improvements will function as required for a specific period of time.
A subdivision creating ten (10) or more buildable lots.
With regard to a previously undisturbed site, any removal of vegetation or moving of earth that temporarily leaves underlying soils exposed and presents the possibility of erosion on a contiguous area greater than 1,000 square feet. Clearing activities required for the purposes of maintaining a site or accessing the site for pre-application purposes such as test pit development, survey, etc. shall not be included in this definition. Clearing activities performed for emergency purposes or otherwise performed to protect public health, safety or welfare by public official shall also not be included in this definition.
An overall plan for a proposed project site outlining general, rather than detailed, development intentions. It describes the basic parameters of a 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.
A change to an approved plan to show corrections resulting from construction activities or refinement of field data. Such changes typically are degree of slope, vertical curves, angle corrections, design changes reflecting field conditions, or legal corrections to survey information.
A subdivision creating nine (9) or fewer buildable lots.
Approval issued to deviate from the provisions of these regulations as outlined in Section 10.8 Waivers, Modifications and Reinstatements.
Any parcel or area of land dedicated, designated, or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space; provided that the area may be improved with only those buildings, structures, streets, and off-street parking, and other improvements that are designed to be incidental to the natural openness of the land and as may be permitted by these Regulations.
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.
A set of criteria or limits relating to elements which a particular use or process either must meet or may not exceed.
Any natural person, firm, trust, partnership, association or corporation.
A portion of a subdivision or a land development to be developed at a particular time.
Development where construction of public and/or private improvements proceeds by section(s) subsequent to approval of a master plan for the entire site, as part of an effort to coordinate population growth with the availability of facilities and services.
Characteristics of a site 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.
A land development project as defined herein and developed according to plan as a single entity and containing one or more structures and/or uses with appurtenant common areas.
Town of Charlestown Planning Commission.
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 these Regulations.
An initial meeting between developers and municipal representatives which affords developers the opportunity to present their proposals informally and to receive comments and directions from the municipal officials and others.
A required stage of land development and subdivision review which generally requires detailed engineered drawings.
A hearing before the Planning Commission which is duly noticed in accordance with state law, and which allows public comment.
Any street or other roadway, sidewalk, pedestrian way, tree, landscaping, lawn, off-street parking area, drainage feature, or other facility for which the Town or other governmental entity either is presently responsible, or will ultimately assume the responsibility for maintenance and operation.
The Rhode Island Coastal Resources Management Council.
The Rhode Island Department of Environmental Management.
The Rhode Island Department of Transportation.
A boundary line which establishes the area and width of land within a street or easement.
Solid material, both mineral and organic, that is in suspension, is being transported or has been moved from its site of origin by air, water, gravity or ice.
Tidal and inland rivers, streams, creeks, fresh and saltwater wetlands and marshes, wildlife habitats, beaches, islands, ponds, aquifers and recharge areas, drainage basins, historic features and public open space.
The development plan for one or more lots on which is shown the existing and/or the proposed conditions of the lot.
The unconsolidated mineral and organic matter, such as sands, silts, clays, stones or humus, on the immediate surface of the earth that serves as a natural medium for the growth of land plants.
Rhode Island Natural Heritage Program plant species listed as either state endangered, state threatened, state interest species of concern, or state extirpated; plant species providing habitat for animal species listed by the Heritage program in the above mentioned categories; species such as American Holly (Ilex opaca) and Rhododendron (Rhododendron maximum) which are at the limits of their natural range; any species such as American Elm (Ulmus Americana) and American Chestnut (Castenata dentata) whose population has been drastically reduced by disease, insects or habitat destruction.
A provision for storage of stormwater runoff and the controlled release of such runoff during and after a flood or storm event.
Plan describing the proposed methods and measures to prevent or minimize water quality and quantity impacts associated with a development project both during and after construction. It identifies selected LID source controls and treatment practices to address those potential impacts, the engineering design of the treatment practices, and maintenance requirements for proper performance of the selected practices.
A system for the removal of surface water from land by drains, grading, or other appropriate means. These techniques may include runoff controls to minimize erosion and sedimentation during and after construction or development, the means for preserving surface and groundwater quality and the prevention and/or alleviation of flooding.
A provision for storage of stormwater runoff.
A public way established or maintained under public authority, private ways open for public use, and a private way platted for ultimate public use, whether constructed or not. Streets are classified by the functions they perform. See street classification.
A street hierarchy identified according to function within a road system for the purposes of promoting safety, efficient land use and the design character of neighborhoods and districts. The following shall be used as major categories:
ARTERIALA major street that serves as an avenue for the circulation of traffic into, out of or around the Town 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.
An adequate and permanent way of entering a lot.
A local street with only one outlet and having an appropriate vehicular turnaround, either temporary or permanent, at the closed end.
A freeway or expressway providing for through traffic with limited access for abutting property as approved by the public authority having jurisdiction over the highway.
A thoroughfare established as a separate tract for the benefit of multiple adjacent properties meeting specific improvement standards that is not maintained by the Town.
A thoroughfare reserved or dedicated for public street traffic, dedicated to the Town or state and maintained by the same.
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.
The division of a lot, tract or parcel of land into two or more lots, tracts, or parcels or any adjustment to existing lot lines.
ADMINISTRATIVE SUBDIVISIONSubdivision of existing lots which yields no additional lots for development and involves no creation or extension of streets.
MINOR SUBDIVISIONA subdivision creating nine (9) or fewer buildable lots.
MAJOR SUBDIVISIONA subdivision creating ten (10) or more buildable lots.
A committee or committees appointed by the Planning Commission for the purpose of reviewing, commenting, approving and/or making recommendations to the Planning Commission or Administrative Officer, as set forth in these Regulations.
A method of drainage analysis for large complex watersheds and systems beyond the scope of "TR-55".
A method of drainage analysis for calculating stormwater runoff volumes, peak discharge rate and flood storage requirements for site development between one acre and two thousand acres.
Land in its natural state before development.
A condition that creates, imposes, aggravates, or leads to inadequate, impractical, unsafe, or unhealthy conditions on a site for development or on off-tract property or facilities.
The United States Army Corps of Engineers.
The right to continue with an application for development under the Subdivision Regulations applicable at the time the application was submitted and deemed complete. It is also the right to continue the development of an approved project for a specified period of time, under the Subdivision 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.
As defined in R.I. General Laws 46-12-1(23).
The critical portion of a three-dimensional zone, surrounding a public well or wellfield through which water will move toward or reach such well or wellfield as designated by the RIDEM.
As defined in R.I. General Laws 45-22.2-4.
As defined in R.I. General Laws 45-22.2-4.
A plan of development which demonstrates the maximum density (number of lots or units) of a given parcel of land based on its zoning designation, and meeting all environmental and dimensional regulations. A yield plan is used to determine the acceptable density of a cluster or conservation development subdivision by showing the development that could reasonably be achieved under a conventional subdivision. A yield plan must be approved by the Planning Commission and meet the standards contained in Section 4.3 of these regulations.
The Charlestown Zoning Ordinance enacted by the Charlestown Town Council and all amendments or revisions pursuant thereto.