In order for an item to be placed on the Planning Commission agenda, a written request and all materials must be submitted to the Planning Office at least three (3) weeks prior to the next regularly scheduled meeting. Applications not certified complete will not be placed on the agenda. The Planning Commission may limit the number of items to be considered at any monthly meeting as a part of the Commission's operating rules.
The Administrative Officer and the Planning Commission shall base their actions on requirements within these Regulations and shall make positive findings on the considerations listed below, as part of a project's record prior to approval. The Administrative Officer and the Planning Commission shall have the authority to make special conditions of approval which insure a project's conformance with the general purposes of these Regulations.
A.
That the proposed application is consistent with the current Comprehensive Plan and all subsequent amendments thereto;
B.
That the proposed application is consistent with the Charlestown Zoning Ordinance and all amendments thereto;
C.
That there will be no significant negative environmental impact from the proposed application based on the plans, information submitted, and sworn to by the applicant, with all required conditions for approval.
D.
That the application will not result in the creation of individual lots with physical constraints to development such that building on such lots would be impractical or impossible.
E.
That all proposed lots have adequate and permanent physical access to a street which has been dedicated to and/or will be accepted by the Town Council.
F.
That the application has preserved the natural terrain and drainage flow patterns to the maximum extent practicable and has utilized stormwater management techniques that mimic natural hydrology consistent with Section 11.8 of these regulations. In no case shall an application propose a design that increases flooding onto an adjacent property.
G.
No individual lot shall be located or designed in a manner that will result in flooding on that lot unless standing water is intended as part of a stormwater BMP (i.e., bioretention facilities, constructed wetlands, etc.). No individual lot or stormwater BMP shall be located or designed such that groundwater mounding would negatively impact on-site utilities or structures.
H.
That the application has provided sufficient recreation areas and open space to accommodate the increased population resulting from approval of the development or has provided sufficient fees-in-lieu of land dedication.
I.
That the application has designed the development with the most economical and efficient road, utilities, and land usage.
J.
That based on the information submitted that adequate public services exist or will be installed as part of the development.
K.
That the special requirements of these Regulations and any rules of the RI DEM and RI CRMC, and/or any other appropriate state or federal agencies have or will be met.
L.
That the existing public improvements and services in the area including, but not limited to water, septic, drainage, roads, schools, recreation, planning, fire, and police to service the proposed application are adequate or evidence that such public facilities and services necessary to the application will be either provided as part of the proposed improvements or an impact fee will be paid to avoid excess demand or unmitigated impacts on such services and facilities.
A.
Administrative Fees.
An administrative fee shall be applied to offset the expense of review by the Planning Commission and town departments with regard to all subdivision and land development applications. The fee shall be paid at the time of the submittal of the application. Any application filed without this fee shall be deemed incomplete and no review work by the Town shall commence until the fee has been paid in full.
Administrative fees are separate from, and in addition to, fees imposed by the Town Clerk for the recording of plats and other documents in the Land Evidence Records, as described in Section 3.5 below.
The following administrative fees are established for the processing and review of applications. When approved by the Planning Commission, the application for a combined preliminary/final plan shall pay the preliminary plan review fee only.
Submission | Fee |
|---|---|
*Plan believed not to require approval | no charge |
*Pre-application: | |
Minor Land Development Project | $200 |
Minor Subdivision | $200 |
Major Land Development Project | $300 |
Major Subdivision | $300 |
*Administrative Subdivision Plan: | $ 250 |
*Master Plan: | |
Major Land Development Project | $ 500 plus $100 per new unit or per 2,000 SF of new space |
Major Subdivision | $500 plus $100 per new lot |
*Preliminary Plan: | |
Minor Subdivision | $400 plus $100 per new lot |
Major Subdivision | $500 plus $100 per new lot |
Land Development Project | $500 plus $100 per new unit or per 2,000 SF of new space |
*Final Plan: | |
Minor Subdivision | $400 |
Minor Land Development Project | $400 |
Major Subdivision | $800 |
Major Land Development Project | $800 |
*Amendment(s) to Approved Plans: | |
Administrative Subdivision | $100 |
Minor Change | $200 |
Land Development Project | $400 |
Major Change | $800 |
B.
Project Review Fees. In addition to the administrative fee for all subdivisions and land development projects, the Planning Commission may impose a project review fee on those applications which require, in the judgment of the Planning Commission, review by outside professional consultants due to the size, scale or complexity of a proposed project; the project's potential impacts; or because the Town lacks the necessary expertise to perform the review work required for project approval.
1.
Services. In hiring outside consultants, the Town may engage engineers, planners, scientists, landscape architects, architects, attorneys or other appropriate professionals able to assist the Planning Commission and to ensure compliance with all relevant laws, ordinances, and regulations. Such assistance may include, but shall not be limited to:
a.
Analysis or design review of an application to determine consistency with the Charlestown Comprehensive Plan;
b.
Review and identification of site features including fresh and saltwater wetlands, significant trees or stands of trees, wildlife habitats, archeological sites and historically significant structures and sites;
c.
Soil or water sampling and testing;
d.
Assessing the environmental, archaeological and/or historic impacts of a proposed development, with recommendations for mitigation;
e.
Review of all proposed design elements, including roads and stormwater management systems;
f.
Traffic studies;
g.
Review of landscaping plans and other proposed site amenities;
h.
Review of building architecture and design; and
i.
Review of lighting to ensure compliance with the Town's Dark Sky Ordinance.
2.
Assignment of Fee. The Planning Commission may request such professional project review at any stage of a proposed subdivision or land development project, although efforts will be made to identity such a need at the time of master plan review for a major subdivision or land development project, or preliminary plan review for a minor subdivision or land development project. As part of the public record, the Planning Commission will indicate what outside professional services will be contracted, as well as the specific scope of the review.
3.
Total Fee. The total fee shall equal the actual cost to the Town of Charlestown for the professional consultant services. Project review fees are separate from, and in addition to, fees imposed by the Town for inspecting a project during construction or implementation as provided in Section 11.12.
4.
Special Account. Project review fees are to be deposited into a special account as established by the Treasurer for the Town of Charlestown. Outside consultants retained by the Town to assist in the review of an application shall be paid from this account. When the balance in an applicant's escrow account falls below twenty-five percent (25%) of the initial professional project review fee, as imposed above, the Planning Commission may require a supplemental fee to cover the cost of the remaining project review.
The following time periods are hereby established for these Regulations:
Submission | Complete Application Review | Approval or Denial | Approval Expires at |
|---|---|---|---|
Administrative Subdivision: | |||
Administrative Review | 15 days | 15 days | 90 days |
Planning Commission Review | 15 days | 65 days | 90 days |
Minor Subdivision: | |||
Preliminary Plan no street or unified dev review | 15 days | 65 days | |
Preliminary Plan w/street or unified dev review | 25 days | 95 days | |
Final Plan | same | 25 days | 1 year |
Major Subdivision: | |||
Master Plan (public hearing) | 25 days | 90 days | 2 years |
Preliminary Plan (public meeting) | 25 days | 90 days | 2 years |
Final Plan | 15 days | 45 days | 1 year |
More detail on time periods are contained in the respective chapters for each category of subdivision. | |||
Under the provisions of the Rhode Island Land Development and Subdivision Review Enabling Act of 1992 and these Regulations, no plan of a subdivision, or portion thereof, shall be filed or recorded with the Town Clerk until the following conditions are met:
A.
Endorsement. The Chairperson or the Administrative Officer shall sign the plan to be recorded certifying that the requirements of these Regulations have been met and affix the date of final approval. The materials to be recorded for all plans and plats shall include all plans, notes, and any other information as required by the Planning Commission.
B.
Payment of Taxes. The applicant shall affix to the plan to be recorded a certificate from the Charlestown Tax Collector and appropriate Fire District that all taxes due on the land described on the plat for the period of five years preceding the date of such application have been paid.
A.
Minor changes to any stage of either a minor or major subdivision or land development application may be approved by the Administrative Officer, without an additional public meeting. The Administrative Officer has the right to refer the proposed changes to the Technical Review Committee or to the Planning Commission, if the Administrative Officer is not the permitting authority. Denial of the proposed change shall require the appropriate review procedures for a major change, including referral to the Planning Commission for all major applications.
B.
Major changes to any stage of any application may be approved only by the applicable permitting authority in accordance with the same review and hearing process required for the approval of the plan subject to amendment.
C.
Any changes to a subdivision plat or land development plan recorded in the Land Evidence Records of the Town must be recorded as an amendment to the final plan, prior to the issuance of any building permits or certificates of occupancy, as appropriate.
A.
Applications submitted under these Regulations that also require relief from the provisions of the Charlestown Zoning Ordinance in the form of a variance or special use permit shall be reviewed by the Planning Commission under unified development review pursuant to R.I. General Law Section 45-23-50.1. The request for such relief shall accompany the appropriate application materials.
B.
Applications that require relief that qualifies only as a modification under R.I. General Laws Section 45-24-46 and the Charlestown Zoning Ordinance may proceed with filing an application with the zoning enforcement officer. Only if the modification is denied or an objection is received as set forth in Section 45-24-46 shall the application proceed under unified development review. When a modification request is made, the time periods set forth in Section 3.4 will not begin until a decision is made on the modification.