Where words or phrases used in these regulations are defined in either the Rhode Island Comprehensive Planning and Land Use Regulation Act of 1988, or the Zoning Enabling Act of 1991, or Chapter 260, Zoning, of the Code of the Town of Westerly, they shall have the meanings stated therein.
For the purposes of these regulations, the following terms shall have the meaning stated herein.
ADMINISTRATIVE OFFICER
The municipal official designated by the local regulations to administer the Land Development and Subdivision Regulations and to coordinate with local boards and commissions, municipal staff and state agencies. In the Town of Westerly, the Planning Board has designated the Town Planner/Environmental Coordinator as the Administrative Officer.
ADMINISTRATIVE SUBDIVISION
Resubdivision of existing lots which yields no additional lots for development and involves no creation or extension of streets. Such re-subdivision shall only involve divisions, mergers, mergers and division, or adjustments of boundaries of existing lots.
BOARD OF APPEAL
The review authority for appeals of action of the Administrative Officer and the Planning Board on matters of land development or subdivision, which shall be the Westerly Zoning Board of Review.
BOND
See "improvement guarantee."
BUILDABLE LOT
A lot where construction for the use(s) permitted on the site by Chapter 260, Zoning, is considered practicable by the Planning Board, considering the physical constraints to development of the site as well as the requirements of the pertinent federal, state, and other Town of Westerly regulations and ordinances.
CERTIFICATE OF COMPLETENESS
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 approval process.
CONCEPT PLAN
A drawing with accompanying information showing the basic elements of a proposed land development plan or subdivision as used for preapplication meetings and early discussions, and classification of the project within the approval process.
CONSISTENCY WITH THE COMPREHENSIVE PLAN
A requirement of these regulations which means that these regulations and all subsequent actions shall be in accordance with the public policies arrived at through detailed study and analysis and adopted by the Town Council as the Westerly Comprehensive Plan.
DEVELOPER/SUBDIVIDER
Any person:
A. 
Who, having an interest in land, causes it, directly or indirectly, to be divided into a subdivision;
B. 
Who directly or indirectly sells, leases, or develops, or offers to sell, lease, or develop, or advertises to sell, lease, or develop, any interest, lot, land, site, unit, or plat in a subdivision; or
C. 
Who 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, land, site, unit, or plat in a subdivision.
DEVELOPMENT REGULATION
Zoning, subdivision, land development plan, development plan review, historic district, Official Map, floodplain regulation, soil erosion control or any other governmental regulation of the use and development of land.
DIVISION OF LAND
A subdivision or resubdivision.
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 definition of "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 or its agents and any accompanying material as required by these regulations and/or by the Planning Board.
FLOOR AREA, GROSS
See Rhode Island State Building Code.
GOVERNING BODY
The body of the local government (in the case of these regulations, the Westerly Town Council) having the power to adopt ordinances, accept public dedications, release public improvement guarantees, and collect fees.
IMPROVEMENT
Any natural or built item which becomes part of, is placed upon, or is affixed to real estate.
IMPROVEMENT GUARANTEE
A security instrument accepted by the Planning Board to ensure that all improvements, facilities, or work required by the Land Development and Subdivision Regulations, or required by the Planning Board as condition of approval, will be completed in compliance with the approved plans and specifications of a development.
LAND
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."
LOCAL REGULATIONS
The Westerly Land Development and Subdivision Regulations adopted under the provisions of RIGL 45-23-25 through 45-23-74, including all related local ordinances and rules properly adopted pursuant thereto.
MAINTENANCE GUARANTEE
Any security instrument which may be required and accepted by the Planning Board to ensure that necessary improvements will function as required for a specific period of time. See definition of "improvement guarantee."
MAJOR LAND DEVELOPMENT PLAN
Any land development plan not classified as a minor land development plan.
MAJOR SUBDIVISION
Any subdivision not classified as either an administrative subdivision or a minor subdivision.
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.
MINOR LAND DEVELOPMENT PLAN
A development plan for a residential project, provided that such development does not require waivers or modifications as specified in these regulations. All nonresidential land development projects shall be considered as major land development plans.
MINOR SUBDIVISION
A plan for a subdivision of land consisting of five or fewer units or lots, provided that such subdivision does not require waivers or modifications as specified in these regulations.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
MODIFICATION OF REQUIREMENTS
See § A261-22.
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 specifically empowered by state enabling law and local 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 sections subsequent to approval of a master plan for the entire site.
PHYSICAL CONSTRAINTS TO DEVELOPMENT
Characteristics of a site or area, 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 definition of "environmental constraints."
PLANNING BOARD
The official municipal planning agency of the Town of Westerly, hereinafter also referred to as "the Board" or "Board."
PLAT
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 the local regulations.
PREAPPLICATION CONFERENCE
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.
PRELIMINARY PLAN
The required stage of land development and subdivision review which requires detailed engineered drawings and all required state and federal permits.
PUBLIC IMPROVEMENT
Any street or other roadway, sidewalk, pedestrianway, tree, lawn, off-street parking area, drainage feature, or other facility for which the local government or other governmental entity 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.
RESUBDIVISION
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 these regulations. For the purposes of these regulations, any such action shall constitute a subdivision.
SLOPE OF LAND
The grade, pitch, rise or incline of the topographic landform or surface of the ground.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
STORMWATER DETENTION
A provision for storage of stormwater runoff and the controlled release of such runoff during and after a flood or storm.
STORMWATER RETENTION
A provision for storage of stormwater runoff.
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 functions they perform. See definition of "street classification."
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 CLASSIFICATION
A method of roadway organization which identifies a street hierarchy according to function within a road system, that is, types of vehicles served and anticipated volumes, for the purposes of promoting safety, efficient land use and the design character of neighborhoods and districts. The major categories are described in § A261-30B.
STREET, CUL-DE-SAC
A local street with only one outlet and having an appropriate vehicular 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 at 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 improvement standards for private streets in these regulations. 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.
SUBDIVISION
The division or redivision 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. All resubdivision activity shall be considered a subdivision. The division of property for purposes of financing constitutes a subdivision.
TECHNICAL REVIEW COMMITTEE
A committee appointed by the Planning Board for the purpose of reviewing, commenting and making recommendations to the Planning Board with respect to approval of land development and subdivision applications.
TEMPORARY IMPROVEMENT
Improvements built and maintained by a developer during construction of a development project and prior to 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 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.
WAIVER OF REQUIREMENTS
See § A261-22.