The elements described within this Article III apply generally to all land developments and subdivisions subject to these regulations.
A.
Planning Board. The Town of Westerly Planning Board
has been authorized as the local regulatory agency for all matters
of land development and subdivision.
B.
Administrative Officer. The Planning Board has designated the Town Planner as Administrative Officer to work as its agent to oversee and coordinate all aspects of the review, approval and recording as well as the construction phases for all land development projects and subdivisions. (See § A261-36.)
All applications subject to these regulations shall have specific submission requirements, depending upon the type of development proposed. See Article XI for itemized lists of development application requirements. Such submission requirements shall be in accordance with the forms provided by the Administrative Officer.
The applicant shall be required to pay to the Town fees for
all applications and approved developments subject to these regulations.
The fees shall be to cover the costs to the Town of application review
and inspection of projects under construction. Such fees shall be
established by the Planning Board and shall be particular to the type
of application and construction. All application, review and inspection
fees shall be deposited in a restricted account to be used only for
the above application review and inspection purposes.
A.
Subdivision application fees:
|
Application Type
|
Fee
| ||
|---|---|---|---|
|
1.
|
Administrative subdivision (no new lots)
|
$150
| |
|
2.
|
Minor land development
| ||
|
Preapplication and concept review
|
$100
| ||
|
Preliminary plan
|
$250 + $20 per unit
| ||
|
Final plan
|
$100 + $20 per unit
| ||
|
3.
|
Minor subdivision (1 to 5 lots)
| ||
|
Preapplication and concept review
|
$100
| ||
|
Preliminary plan
|
$200 + $20 per lot
| ||
|
Final plan
|
$100 + $20 per lot
| ||
|
4.
|
Major land development
| ||
|
Preapplication and concept review
|
$100
| ||
|
Master plan
|
$250 + $20 per unit
| ||
|
Preliminary plan
|
$500 + $20 per unit
| ||
|
Final plan
|
$250 + $20 per unit
| ||
|
5.
|
Major subdivision (6 or more lots)
| ||
|
Preapplication and concept review
|
$100
| ||
|
Master plan
|
$250 + $20 per lot
| ||
|
Preliminary plan
|
$500 + $20 per lot
| ||
|
Final plan
|
$250 + $20 per lot
| ||
|
6.
|
Substantial plan revision
|
$100
| |
|
7.
|
Extension
|
$50
| |
|
8.
|
Reinstatement
|
$100 + $20 per lot/unit
| |
B.
Inspection fees: two percent of the total amount of the original
performance bond including all required improvements. In the absence
of a performance bond, inspection fees in the amount of 2% of the
total estimated cost of all required improvements as estimated by
the Town Engineer.
C.
Recording of subdivision plan(s): per Fee Schedule of the Office
of the Town Clerk (as provided in RIGL Title 34, Chapter 43).
D.
Copies of subdivision plan(s): per Fee Schedule of the Town offices.
E.
Legal advertising fees: An applicant shall pay all fees associated
with publishing required legal notice in a newspaper with general
circulation within the Town.
F.
Fees for expert review: Filing fees may include additional costs
incurred by the Town of Westerly, including but not limited to the
expense of retaining third-party experts of the Planning Board's
choice to analyze, review and report on areas requiring a detailed,
technical review in order to assist the Planning and Zoning Boards
in their deliberations. Said costs will be estimated by the Board,
based on preliminary estimates from such experts, and said estimate
of costs will be paid by the applicant to the Town of Westerly prior
to proceeding with the application review. Upon completion of the
technical review and a determination of the costs incurred, excess
funds will be refunded to the applicant, or additional costs will
be paid by the applicant.
Any application for a residential subdivision
creating more than five lots and all nonresidential subdivisions shall
include a narrative describing the proposed project's major elements,
potential significant impacts on the surrounding neighborhood and/or
community and the means by which these identified impacts shall be
mitigated by the project design or otherwise.
For all land development applications subject to these regulations, the Planning Board or its designated agents shall address each of the general purposes stated in § A261-5 and shall make positive findings on the following standard provisions as part of the proposed project's record, prior to approval.
A.
The proposed development is consistent with the Town's Comprehensive
Plan and/or has satisfactorily addressed the issues where there may
be inconsistencies;
B.
The proposed development is in compliance with the standards and provisions of Chapter 260, Zoning;
C.
There will be no significant negative environmental impacts from
the proposed development as shown on the final plan, with all required
conditions for approval;
D.
The subdivision, as proposed, will not result in the creation of
individual lots with such physical constraints to development that
building on those lots according to pertinent regulations and building
standards would be impracticable. (See definition of "buildable lot.")
Lots with such physical constraints to development may be created
only if identified as permanent open space or permanently reserved
for a public purpose on the approved, recorded plans; and
E.
All proposed land developments and all subdivision lots shall have
adequate and permanent physical access to a public street. Lot frontage
on a public street without physical access shall not be considered
compliant with this requirement.
Except for administrative subdivisions, findings of fact must
be supported by legally competent evidence on the record which discloses
the nature and character of the observations upon which the fact finders
acted. If a negative finding for any of these standards is made, the
Planning Board shall have legally competent evidence on the record
for denial of the project design.
When determining the number of residential building lots or
units permitted on any parcel, land included in all of the following
categories may be considered unsuitable for development and may be
deducted from the minimum building acreage of the parcel:
A.
Freshwater wetlands, except that area of perimeter wetland within
50 feet of the edge of any bog, marsh, swamp or pond; or any applicable
one-hundred-foot or two-hundred- foot riverbank wetlands, as defined
by RIGL 2-1-20 (1987), as amended.
B.
Coastal wetlands, except any directly associated contiguous areas,
as defined by RIGL 46-23-6 (1990), as amended.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Areas within the one-hundred-year flood zone as defined by FEMA.
D.
Land within any publicly or privately held easement on which aboveground
utilities, including but not limited to electrical transmission lines,
are constructed.
The following is a summary table of the time periods established for review and approval of development applications by the Administrative Officer and the Planning Board under these regulations. (See Article V, Development Application Review and Approval Process.)
|
Development Application
|
Certificate of Completeness
|
Approve or Deny
|
Approval Expiration
|
|---|---|---|---|
|
Administrative Subdivision:
| |||
|
By Administrative Officer
|
15 days
|
15 days
|
90 days
|
|
By Planning Board
|
65 days
|
90 days
| |
|
Minor Land Development and Minor Subdivision:
| |||
|
Preliminary (no street creation or extension)
|
15 days
|
65 days
|
90 days
|
|
Preliminary (new street creation or extension, public hearing
required)
|
25 days
|
95 days
|
90 days
|
|
Final (by Administrative Officer or Planning Board)
|
Next regular PB meeting
|
90 days
| |
|
Major Land Development and Major Subdivision:
| |||
|
Master plan (public informational meeting)
|
25 days
|
90 days
|
2 years
|
|
Preliminary plan (public hearing required)
|
25 days
|
90 days
|
2 years
|
|
Final plan (by Admin. Officer)
|
25 days
|
1 year
| |
|
Final plan (by Planning Board)
|
45 days
|
1 year
|
