[Amended 2-14-2011 by Ord. No. 328; 6-25-2012 by Ord. No. 349]
A.
Review Required.
(1)
Purpose. All nonresidential activities within the Town shall require Development Plan Review or Major Land Development Project Review approval before a building permit for such is issued, except for those activities specifically exempted in Subsection A(2) below. Where uncertainty exists, a person may apply in writing to the Building Inspector for a zoning certificate of applicability for Development Plan Review or Land Development Project Review.
(3)
Approval Waiver. The Town Planner may waive the requirements for
Development Plan Review approval where there is a change in use or
occupancy and no extensive construction of improvements is sought.
The waiver is a decision finding that the use will not affect existing
drainage, circulation, relationship of buildings to each other, landscaping,
buffering, lighting, and other considerations of Development Plan
Review. The Town Planner has the right to ask for any information
(s)he determines necessary to decide upon a waiver request. The applicant
shall submit in writing a request for a waiver along with information
relating to the following:
B.
Applicability. Development Plans with the following characteristics
may be reviewed by the Town Planner:
(1)
Development plans for sites where less than two (2) acres shall be
disturbed. The area of disturbance shall include any temporary clearing
or storage associated with construction related activities; and
(2)
Proposed development requiring fewer than twenty (20) parking spaces;
and
(3)
Proposed development having less than 2,000 square feet of new floor
area. Such plans shall be prepared in accordance with the applicable
provisions of the Subdivision and Land Development Regulations.[1] The Town Planner may refer any application to the Planning
Commission for their review under Major Land Development Project Review.
Reasons for referral may include, but shall not be limited to, potential
impacts to abutters, potential impacts to sensitive on-site resources,
traffic and circulation concerns, the presence of hazardous materials,
burdens to municipal infrastructure, or potential threats to the quality
of municipal water supply.
C.
Development Plans exceeding the criteria of § 218-71B shall be considered Major Land Development Projects and reviewed in accordance with the Subdivision and Land Development Regulations.
D.
Procedures. Before submitting an application, an applicant is encouraged
to meet with the Town Planner to informally discuss the proposed project.
(1)
Town Planner Development Plan Review Procedures.
(a)
Submission Requirements
[1]
Site Map. This shall be drawn at a scale of one hundred feet
to one inch or larger and shall show all existing topography at a
contour interval of two feet, or where slopes are three percent or
less at one foot intervals. This map shall show the site area and
any pertinent natural features that may affect the proposed uses such
as but not limited to: water courses, water bodies, wetlands, wooded
areas, floodplains and areas subject to flooding, etc.
[2]
Development Plan. This is a detailed plan for the proposed development,
drawn to a scale of one hundred feet to one inch or larger. The site
development plan shall illustrate the location of all existing or
proposed site improvements.
[3]
Elevations and/or Sections. Elevations and/or sections depicting
front, rear, and side profiles drawn to the same scale as the site
development plan or larger are required. The elevations and/or sections
shall clearly delineate the bulk and height of all buildings and other
permanent structures located on the site.
[4]
Engineering Plans. Engineering plans shall be required to describe
such development aspects such as road improvements, drainage system,
grading plan, parking areas, public or private utility systems, sewer
and water facilities, and such other supporting data as may be necessary.
The applicant shall also submit an estimate detailed by item and construction
step of the total cost of all site improvements.
(b)
Required Submission Data. An applicant shall submit the following
application materials to the Town Planner for certification of a complete
application. Four copies of all plans and ten copies of a reduced
eleven by seventeen inch site plan shall be submitted. The application
shall show the following information unless waived by the Planning
Commission or the Town Planner based on the scope and complexity of
the proposed project:
[1]
Name of the proposed development, name(s), phone number(s) and
addresses of the property owner and/or applicant, registered professional
engineer and/or land surveyor designing the plan and appropriate stamps
of registrations and signatures.
[2]
Locus map at a scale of one inch equals two thousand feet.
[3]
Date, north arrow, graphic scale.
[4]
Boundary line, property dimensions, zoning district(s) and/or
overlay districts, zoning dimensional requirements, building envelopes,
area of the lot, and abutting property owners' names within two hundred
feet, plat and lot numbers and mailing addresses.
[5]
Location and dimensions of existing and proposed structures
and signs.
[6]
Existing and proposed wells, water lines, fire hydrants, culverts,
pipe sizes, grades, manholes and other utilities locations on the
site and within two hundred feet of the site.
[7]
Location, arrangement, area and dimensions of parking spaces,
aisles, fire lanes, angle of parking, off-street loading areas, buffers,
entrances, exits, pedestrian walkways and acceleration and deceleration
lanes.
[8]
Areas and percentages of all paved and impervious surfaces.
[9]
Location widths, descriptions and names of all existing or platted
streets, driveways, railroads, utility rights-of-way, parks and other
public open spaces, permanent structures, easements and town boundary
lines, on the site or within two hundred feet of the site.
[10]
Method of solid waste disposal and location on
site.
[11]
Location, type, intensity and direction of illumination
of all outdoor lighting fixtures.
[12]
Grading and drainage plan with soil erosion and
stormwater runoff control methods.
[13]
Location and dimensions of required buffers.
[14]
Landscaping plan, planting schedule, and construction
cost estimate.
[15]
Location, height and materials of walls and fences.
[16]
Floor plans and building elevations showing exterior
building design, materials, colors and height.
[17]
Total floor area and ground coverage of each existing
and proposed structure and percentage of lot covered by structure(s).
Gross floor area proposed for each type of use on the site.
[18]
The phases, if any, construction schedule and
all site development costs.
[19]
An approval by the RI DEM as to the suitability
of the soil and design of individual sewage disposal systems, if such
are planned or to be upgraded.
[20]
Summary of existing and proposed easements, restrictions
and covenants placed on the property.
[21]
Filing Fee.
[22]
Other elements integral to the proposed development
as may be specified by the Commission or Town Planner.
[23]
A summary, a copy of all applications and approval
status of all necessary permits from federal, state, and local agencies.
[24]
Location of wooded areas, existing groundcover,
stone walls, historic cemeteries, wetlands, water courses, and other
unique natural or historic features.
(c)
Determination. The Town Planner shall determine whether the application is substantially complete within fifteen (15) business days of receipt and shall notify the applicant of his or her decision in writing by regular mail. The rights to develop the property shall be vested upon determination that an application is substantially complete in accordance with RIGL Chapter 45-24-44 and subject to § 218-73C below.
(d)
Notice Period. After receipt of the notice of the certification
of a complete application by the Town Planner, the applicant shall
send notice of the application to include a copy of an eleven inch
by seventeen inch reduced Development Plan by certified mail to property
owners within two hundred feet of the perimeter of the site. Proof
of mailing and a copy of the notice shall be provided to the Town
Planner. The notice shall outline a fifteen (15) working day comment
period, during which abutters may submit written comments on the proposed
plan to the Planning Department.
(e)
Decision. Within fifteen (15) working days after the close of the notice period, the Town Planner shall make a decision and shall notify the applicant of his or her decision in writing by regular mail. The Town Planner may approve, approve subject to modifications, approve with conditions, or deny a Development Plan Review application. The Town Planner may also refer a Development Plan Review application to the Planning Commission in accordance with § 218-71B. Failure to make a decision within the review period shall be construed as Development Plan approval.
E.
Development Plan Review Decision Criteria, Standards and Terms of
Approval.
(1)
Development Plan Review Decision Criteria. When formulating a decision
on an application, the Town Planner shall consider the following criteria:
(a)
Whether the proposal is consistent with the Comprehensive Plan
and any other municipal plans applicable to the site or activity;
(b)
Whether the proposal meets all applicable requirements of the Zoning Ordinance including, but not limited to, the Development Plan Review Design Standards in Subsection F below;
(d)
Whether the information presented in the application is clear
and accurate; and
(e)
Whether imposing reasonable conditions as described in § 218-73C(6) would better meet the standards of the Zoning Ordinance and Subdivision and Land Development Regulations.
F.
Development Plan Review Design Standards.
(1)
General Objectives. Sites to be developed shall be of such character
that they can be safely used for building purposes without danger
to the public health or safety, or peril from fire, flood, or other
causes. The proposed development shall relate to the natural terrain
and be visually compatible with the rural character of the community.
Site development shall comply with the following objectives:
(a)
That adequate and safe vehicular circulation between the site
and the street network is provided;
(b)
That safe and adequate interior site circulation for motor and
pedestrian traffic, parking, and loading facilities is provided;
(c)
That sites are accessible for emergency vehicles at all times;
(d)
That environmentally sensitive areas are protected and left
undisturbed;
(e)
That compatibility with and protection of adjacent uses, particularly
residential uses, is provided through landscaping, vegetative, and
other screening, buffering, planting, and setbacks;
(f)
That there is consideration of aesthetics in the design;
(g)
That the Development Plan preserves structures and landscapes
that reflect elements of social, economic, and architectural significance
to the Town; and
(h)
That the Development Plan provides for the protection of scenic
roadways and vistas.
(2)
Environmental Considerations. In general, sites to be developed shall
alter the natural topography as minimally as possible and shall avoid
areas where the following conditions are present:
(3)
Specific Standards. Development Plans shall conform to all standards
listed, as follows:
(a)
Landscape. Landscaping shall enhance the design, the buildings,
the site and be used as a screen to minimize the encroachment of the
proposed use on neighboring land uses. Preservation of existing site
features such as stone walls, cemeteries, ledge faces or other unique
site features shall be required. A Certificate of Occupancy shall
not be issued by the Building Inspector until all landscaping is completed.
(b)
Building Design and Location. Proposed structures shall be related
harmoniously to the terrain and to the existing buildings in the vicinity
which have a visual relationship to the proposed buildings. Special
attention shall be paid to the bulk, location, and height of building(s)
and such natural features such as slope, soil type, and drainage ways.
[1]
Architectural designs shall be compatible with the character
of the neighboring area. Design compatibility includes complementary
building style, form, size, color, and materials.
[2]
A diversity of roof heights, gable orientations and volumes
in new buildings should be considered. Mansard, flat and shallow-pitched
roofs are not recommended. Instead new buildings should be designed
with traditional roof forms that are compatible with the character
of the town, including gambrel, gable and hipped roofs commonly found
in New England.
[3]
Architectural elements such as dormers should be in proportion
with the overall building and should also be in keeping with the surrounding
building context. Exaggerated or excessively large (or tiny) architectural
elements should be avoided. If used properly, traditional and contemporary
architectural detailing can create variety, interest and texture on
new buildings and additions which is compatible with the character
of the area.
[4]
Traditional building materials such as shingles and clapboards
should be considered for the exterior skin of additions and new construction.
These materials can be used to sheath fireproof construction materials.
[5]
Development projects should reuse existing buildings of character
whenever possible. Reuse may take the form of additions to older buildings
rather than demolition. Demolition of listed historic buildings, Rhode
Island Historical Preservation & Heritage Commission Town Survey,
shall be discouraged.
[6]
Large scale development should take the form of village-like
groupings of small scale buildings, rather than a large individual
structure or box set back on a large expanse of asphalt parking. It
is recommended new buildings should not be large bulky masses, but
scaled down to smaller groupings of smaller attached or detached structures.
[7]
Commercial and multifamily buildings shall be sited to provide
functional, livable outdoor spaces, and open spaces which enhance
the use of the building and, to the greatest extent possible, the
neighboring buildings.
[8]
Building siting shall take advantage of climatic and other environmental
conditions, shall encourage safety and privacy of adjacent outdoor
spaces, and shall reduce the impact of noise received by, or resulting
from, the project.
[9]
Buildings that are stylized in an attempt to use the building
itself as advertising shall be prohibited, particularly where the
proposed architecture is the result of a "corporate" or franchise
style.
[10]
The visibility of roof-top equipment shall be
minimized by grouping all plumbing vents, ducts and roof-top mechanical
equipment away from the public view.
[11]
Code required elements, such as parapet walls
and screen walls shall be treated as an integral part of the architecture
and these elements shall not visually weaken the design.
[12]
All vents, gutters, downspouts, flashing, electrical
conduits, etc., shall be painted to match the color of the adjacent
surface, unless being used expressly as a trim or accent element.
[13]
Soffits and other architectural elements visible
to the public shall be finished in a material compatible with other
exterior materials.
G.
Terms of Approval.
(1)
Completion Guarantee.
(a)
General. No certificate of occupancy shall be issued until all
improvements shown on the Development Plan or Land Development Plan
are installed and functional.
(b)
Completion Guaranty. In order to assure that the construction
and installation of such improvements required will be installed,
the Town Planner or Planning Commission may require that the applicant
enter into a completion agreement with the Town in accordance with
the requirements in the Subdivision and Land Development Regulations.[3]
(c)
Inspection. The applicant shall request a site completion inspection
from the Town Planner in accordance with the Subdivision and Land
Development Regulations.
(2)
Amendments to Approved Plans. If the applicant wants to amend an
approved Development Plan application, a written request shall be
submitted to the Town Planner. The Town Planner may approve minor
modifications to previously approved applications or refer the amendment
request to the Planning Commission for decision. The review of an
amended Development Plan shall follow the same procedures as required
for Town Planner or Planning Commission Development Plan Review as
applicable.
(3)
Fees. Major Land Development Projects reviewed by the Planning Commission
shall follow the fees schedule in the Subdivision Regulations. Land
Development Projects reviewed by the Town Planner shall pay a $100
fee.
(4)
Effective Period. Approval shall be effective, except as provided
below, for two years, provided, within eighteen (18) months of approval,
the applicant shall have obtained a building permit.
(5)
Extensions. The Town Planner may grant up to two separate one-year
extensions of the approval upon a written request accompanied by documentation
from the applicant. An extension may only be granted where circumstances
beyond the applicant's control have prevented completion of the project
within the required time. Financial inability of the developer during
periods where private financing is reasonably available is not a criterion
by which to grant an extension. Extensive permit delays caused by
state or federal regulatory agencies may be construed as sufficient
cause for granting an extension. Applicants shall provide written
documentation of any encumbrance or circumstance that (s)he believe
justifies an extension.
(6)
Reinstatement. The applicant may submit a written request to the Town Planner for reinstating an approved plan that has expired pursuant to the term outlined in § 218-73C(4) and outline the reasons for the delay in obtaining a building permit. The Town Planner may reinstate the approved plan, may require the submission of a new plan or may require modifications to the approved plan. Decisions of the Town Planner shall reflect any changes that may have occurred to federal, state, or local regulations that apply to the site or changes that may have occurred in the Comprehensive Plan.
(7)
Conditions of Approval. In rendering a decision for Development Plan
Review, the Town Planner may apply such reasonable conditions that
are required to ensure that potential impacts of the project will
be mitigated, to promote the intent and purposes of the Comprehensive
Plan and this Ordinance. Failure to abide by any conditions attached
to an approval shall constitute a zoning violation. Conditions of
approval may include, but are not limited to, provisions for:
(a)
Minimizing adverse impact of the development upon other land,
including the type, intensity, design and performance of activities;
(b)
Controlling the sequence of development, including when it must
be commenced and completed;
(c)
Controlling the duration of use or development and the time
within which a temporary structure must be removed;
(d)
Assuring satisfactory installation and maintenance of required
public improvements; and
(e)
Designing the exact location of the development.
(8)
Inspections and Enforcement. All construction performed under the
authorization of a building permit issued shall be in conformance
with the approved Development Plan. Failure to abide by an approved
Development Plan shall constitute a zoning violation. The Town Planner
shall be responsible for the inspection of site improvements ensuring
compliance with the approved Development Plans. The Building Inspector
shall be responsible for the inspection of site improvements ensuring
compliance with the Rhode Island State Building Code and this Ordinance
prior to issuing a Certificate of Occupancy.
