These regulations shall be known as the "Westerly Land Development
and Subdivision Regulations." The short title shall be the "Development
Regulations."
The following regulations governing land development and subdivision
have been adopted by the Westerly Planning Board in accordance with
Rhode Island General Laws (RIGL) 45-23-25 through 45-23-74, as amended,
known as the "Rhode Island Land Development and Subdivision Review
Enabling Act of 1992 (short title: "Development Review Act").
These rules and regulations shall be applicable in all of the
following instances:
A.
Supersession of prior regulations. Any land development
or subdivision submitted after the date of enactment shall conform
to the provisions of these regulations. These regulations shall supersede
all other subdivision regulations in effect at the time of such adoption.
B.
Repeal of prior regulations. All prior Westerly Subdivision
Rules and Regulations in effect on the date of enactment of these
regulations are hereby repealed.
C.
Recorded plans and plats unimpaired. Nothing contained
herein and no local ordinance, rule or regulation adopted under these
regulations shall impair the validity of any plat legally recorded
prior to the effective date of these regulations.
D.
Vested rights. Applicants shall have 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 the completion of the project. [See Article V (§ A261-24 et seq.) for specific vested rights for types of applications.]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
These regulations have been enacted for the
purpose of protecting the safety, health, and general welfare of the
inhabitants of Westerly by regulating land developments and subdivisions.
The Planning Board, which shall have the authority to act on behalf
of the Town of Westerly in all matters of land development and subdivision
regulation, shall exercise that power with due regard for the following
purposes:
A.
To provide for the orderly, thorough and expeditious
review and approval of land developments and subdivisions;
B.
To promote high quality and appropriate design and
construction of land developments and subdivisions;
C.
To promote the protection of the existing natural
and built environment and the mitigation of all significant negative
impacts of any proposed development on the existing environment;
D.
To promote design of land developments and subdivisions
which are well-integrated with the surrounding neighborhoods with
regard to natural and built features, and which concentrate development
in areas which can best support intensive use by reasons of natural
characteristics and existing infrastructure;
E.
To encourage local design and improvement standards
to reflect the intent of the community comprehensive plans, particularly
with regard to the physical character of the various neighborhoods
and districts of the Town;
F.
To promote thorough technical review of all proposed
land developments and subdivisions by appropriate local officials;
G.
To establish effective requirements and procedures
for dedications of public land, impact mitigation and payment-in-lieu
thereof, which are based upon clear documentation of needs and fair
administrative practices;
H.
To secure adequate, efficient and economic provisions
for water, sewage, traffic circulation, stormwater management, recreation,
fire and police protection, in all new land developments and subdivisions;
I.
To protect and enhance the natural resources and historic
features of the Town; and
J.
To establish procedures for, and require consistent
application of, good recordkeeping practices on all matters of land
development and subdivision review, approval, recording and construction.
A.
These regulations have been found by the Westerly Planning Board to be consistent with the Westerly Comprehensive Plan, Chapter 260, Zoning, and are intended to be consistent with all other duly adopted local development regulations as well as with the general purposes stated in RIGL 45-23-30 of the Land Development and Subdivision Review Enabling Act of 1992.
B.
In case of uncertainty in the construction or application of any
section of these local regulations, these regulations shall be construed
in a manner that will further the implementation of, and not be contrary
to, the goals and policies and applicable elements of the Westerly
Comprehensive Plan. Furthermore, these regulations shall be construed
in a manner consistent with the legislative findings, intents, and
purposes of the RIGL 45- 23-25 through 45-23-74.
