In order to assure the orderly and environmentally sound growth of the Town of Charlestown, the following regulations for land development and the control of the subdivision of land are hereby adopted by the Planning Commission in accordance with Title 45, Chapter 23, Sections 25 through 74 of the General Laws of Rhode Island, known as the Rhode Island Land Development and Subdivision Review Enabling Act of 1992, Chapter
40, Section 8, Regulatory Powers, of the Charlestown Code of Ordinances, and Article
LIII, Planning Commission, of the Charlestown Town Charter.
These regulations have been enacted to establish procedural
provisions for the subdivision of land and land development projects.
The Planning Commission shall have the power to negotiate with applicants
filing under these regulations to ensure the protection of the Town's
natural and built environment. The purpose of these Regulations are
to accomplish the following, which are intended to be given equal
priority and are lettered for reference only:
A. Providing for the orderly, thorough and expeditious review and approval
of land developments and subdivisions;
B. Promoting high quality, appropriate design and construction of land
developments and subdivisions;
C. Promoting the protection of the existing natural and built environments
and the mitigation of all negative impacts of any proposed development
on these environments;
D. Promoting design of land developments and subdivision which are well
integrated with the surrounding neighborhoods and which concentrate
development in areas which can best support use by reason of natural
characteristics and existing infrastructure;
E. Promoting design and improvement standards to reflect the intent
of the Comprehensive Plan with regard to the physical character of
the various districts of the Town;
F. Establishing requirements for dedications of public land, impact
mitigation, and payment-in-lieu thereof;
G. Encouraging the establishment of procedures for record keeping on
all matters of land development and subdivision review;
H. Protecting the public health, safety and welfare of the Town.
The Planning Commission will base its actions on all subdivisions
and land developments on the following considerations:
A. Conformance with the Charlestown Comprehensive Plan and all subsequent
amendments thereto.
B. Conformance with the Charlestown Zoning Ordinance and all subsequent
amendments thereto.
C. Adherence to best available practices and techniques for site design
to provide for a) adequate, and safe circulation of pedestrian and
vehicular traffic and emergency services, b) control and minimization
of soil erosion and stormwater runoff volume and pollutant load, c)
suitable building sites, d) the preservation of natural features,
and e) adequate sewage disposal.
D. Preservation of the rural character of the Town.
E. Protection of the Town's surface and groundwater resources, to prevent
degradation of water quality, and where possible, to improve water
quality.
F. Provision of sufficient open space and recreational facilities to
accommodate the projected intensity of use of the proposed site.
G. Preservation of natural terrain, vegetation, soils, historical resources,
floodplains, wetlands, drainage and reducing the need for cutting
and filling on steep grades.
H. Minimizing the amounts and costs of necessary roads and utilities.
I. Establishing the adequacy of existing public improvements and services
in the area including but not limited to water, sewer, drainage, roads,
schools, recreation facilities, solid waste, fire and police protection,
to serve the proposed subdivision, or evidence that such facilities
and services will be provided as part of the proposed subdivision.
J. Minimizing flood damage and the potential thereof, with particular
attention to all areas located within Zone A1-A30 and V1-V30 as shown
on the official Flood Insurance Rate Maps for the Town of Charlestown,
R.I., and any amendments to said maps.
K. Encouraging energy efficiency of building design, lot layout, etc.
[Amended 12-20-2023]
Any land development, development plan review or subdivision
submitted after January 1, 2024 shall conform to the provisions of
these Regulations. Nothing herein contained shall impair the validity
of any plan/plat legally recorded prior to the effective date of these
Regulations.
[Amended 12-20-2023]
The Planning Commission shall determine vested rights upon submission
of a written request from an applicant. Complete applications which
have been submitted to the Commission in accordance with the Subdivision
Regulations in effect prior to January 1, 2024, may be continued to
be reviewed by the Planning Commission and approved under those regulations
in accordance with the following:
A. Final Approvals. Any subdivision which, at the time of adoption of
these amendments, has received final approval or final approval with
conditions may record said plans in accordance with the Subdivision
Regulations in effect at the time final approval was granted. All
requirements of approval applicable to the subdivision shall continue
to be a condition prior to the recording of the final plat.
B. Preliminary Approvals. Any subdivision which, at the time of adoption
of these amendments, has received preliminary approval or preliminary
approval with conditions may construct the development and file final
plans in accordance with the Subdivision Regulations in effect at
the time preliminary approval was granted.
C. Other Status. Any subdivision which at the time of adoption of these
Regulations, has not received final or preliminary approval; or an
incomplete application has been reviewed by the Commission for preliminary
approval, but no approval has been granted; or for which only pre-application
review(s) have been conducted shall be required to be reviewed under
the provisions of these Regulations.