[HISTORY: Adopted by the Planning Board of
the Town of East Greenwich 8-16-1999; as amended by the Planning Board through February 2011.
Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 38.
Land Trust — See Ch. 143.
Sewers — See Ch. 197.
Soil erosion and sedimentation control — See Ch. 207.
Zoning — See Ch. 260.
STATE LAW REFERENCES
Abandonment of streets — See
R.I.G.L. § 24-6-1 et seq.
Land Development and Subdivision Review Enabling
Act of 1992 — See R.I.G.L. § 45-23-25 et
seq.
Comprehensive Planning and Land Use Regulation
Act — See R.I.G.L. § 45-22.2-1 et seq.
Development Impact Fee Act — See
R.I.G.L. § 45-22.4-1 et seq.
Zoning Enabling Act of 1991 — See
R.I.G.L. § 45-24-27 et seq.
Attachment 1 - Appendix A, Specifications and Standards for Tree Preservation and Planting in New Subdivisions
Attachment 2 - Appendix B, Lot Design StandardsAttachment 3 - Appendix C, Road DesignAttachment 4 - Appendix D, East Greenwich Fire District Water Supply for Fire Protection PolicyAttachment 5 - Preapplication ChecklistAttachment 6 - Checklist I, Administrative SubdivisionsAttachment 7 - Checklist II, Preliminary Plat: Minor Land Development and Minor SubdivisionsAttachment 8 - Checklist III, Final Plat: Minor Land Development and Minor SubdivisionsAttachment 9 - Checklist IV, Master Plan Checklist: Major Land Development and Major SubdivisionsAttachment 10 - Checklist V, Preliminary Plat: Major Land Development and Major SubdivisionsAttachment 11 - Checklist VI, Final Plat: Major Land Development and Major Subdivisions
Attachment 2 - Appendix B, Lot Design StandardsAttachment 3 - Appendix C, Road DesignAttachment 4 - Appendix D, East Greenwich Fire District Water Supply for Fire Protection PolicyAttachment 5 - Preapplication ChecklistAttachment 6 - Checklist I, Administrative SubdivisionsAttachment 7 - Checklist II, Preliminary Plat: Minor Land Development and Minor SubdivisionsAttachment 8 - Checklist III, Final Plat: Minor Land Development and Minor SubdivisionsAttachment 9 - Checklist IV, Master Plan Checklist: Major Land Development and Major SubdivisionsAttachment 10 - Checklist V, Preliminary Plat: Major Land Development and Major SubdivisionsAttachment 11 - Checklist VI, Final Plat: Major Land Development and Major Subdivisions
These regulations shall be known as the "Town of East Greenwich
Development and Subdivision Review Regulations."
In accordance with the authority vested in the East Greenwich Planning Board by Title 45, Chapter 23 of the General Laws of Rhode Island (the Act), as amended, and by the Code of Ordinances of the Town of East Greenwich, Chapter 34, Article IV, Planning Board, the Planning Board hereby declares its intention to exercise the power granted to it and hereby adopts the following regulations. They are declared effective as of August 16,1999, and supersede all previous land development and subdivision regulations of the Town of East Greenwich.
A.
Generally. These regulations shall be applicable in all of the following
instances:
(1)
In all cases of subdivision of land, including resubdivision, as
defined in Section 45-23-32 of the Act, all provisions of Sections
45-23-25 through 45-23-74 of the Act shall apply.
(3)
In all cases of development plan review, as provided for in Section
45-24-49 of the Zoning Enabling Act of 1991, where East Greenwich
has established, within its Zoning Ordinance, procedures for review
and approval of such applications.
B.
Plats required.
(1)
All activity defined as a subdivision shall require a new plat, drawn
to the specifications of these regulations, and shall be reviewed
and approved by the Planning Board or its agents as provided; and
(2)
Prior to recording, the approved plat shall be submitted for signature
as specified in Section 45-23-64 of the Development Review Act.
Nothing herein contained and no Town ordinance, rule or regulation
adopted herein shall impair the validity of any plat legally recorded
prior to the effective date of such ordinance, rule or regulation.
The purpose of these regulations is to establish procedural
and substantive provisions for the subdivision and development of
land that will, consistent with the provisions of the Comprehensive
Community Plan and the Zoning Ordinance, accomplish the following
purposes:
A.
Provide for the orderly, thorough and expeditious review and approval
of land developments and subdivisions;
B.
Promote high quality and appropriate design and construction of land
developments and subdivisions;
C.
Protect the existing natural and built environment and mitigate all
significant negative impacts of any proposed development on the existing
environment;
D.
Promote design of land developments and subdivisions that are well-integrated
with the surrounding neighborhoods with regard to natural and built
features, and that concentrate development in areas that can best
support intensive use by reason of natural characteristics and existing
infrastructure;
E.
Provide thorough technical review of all proposed land developments
and subdivisions;
F.
Provide local design and improvements standards to reflect the intent
of the Comprehensive Community Plan with regards to the physical character
of the various neighborhoods and districts of the Town of East Greenwich;
G.
Encourage, fairly apply, and administer dedications of public land,
impact mitigation and payment-in-lieu thereof, based on clear documentation
of needs;
H.
Establish consistent application of procedures for local recordkeeping
on all matters of land development and subdivision review, approval
and construction;
I.
Protect the public health, safety and welfare; and
J.
Assure the orderly growth and development of the Town of East Greenwich.
In the instance of uncertainty in the interpretation, construction
or application of any section of these regulations, it 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 East Greenwich
Comprehensive Community Plan and the Zoning Ordinance. Furthermore,
this chapter shall be interpreted in a fashion that is consistent
with the legislative findings, intents and purposes of Sections 45-23-25
through 45-23-74 of the Act.[1]
[1]
Editor's Note: See the Rhode Island Land Development and Subdivision
Review Enabling Act of 1992.
Where words or phrases used in this chapter are defined in the
definitions section of either the Rhode Island Comprehensive Planning
and Land Use Regulation Act, § 45-22.2-4, or the Zoning
Enabling Act of 1991, § 45-24-31, they shall have the meanings
stated therein. In addition other below-listed words, phrases and
terms shall have the following meanings:
The Town official(s) designated by these regulations to administer
the land development and subdivision regulations and to coordinate
with local boards and commissions, municipal staff and state agencies.
Resubdivision of existing lots which yields no additional
lots for development and involves no creation or extension of streets.
Such resubdivision shall only involve divisions, mergers, mergers
and division, or adjustments of boundaries of existing lots.
A pathway, usually separated from the roadway, designed specifically
to satisfy the requirements of bicycling.
The review authority for appeals of actions of the Administrative Officer and the Permitting Authority on matters of land development or subdivision, which shall be the Zoning Board of Review constituted as the Board of Appeal. See § A263-43.
See "improvement guarantee."
A lot where construction for the use(s) permitted on the
site under the Zoning Ordinance is considered practicable by the Permitting
Authority, considering the physical constraints to development of
the site as well as the requirements of the pertinent federal, state
and local regulations. See also Appendix B, Lot Design Standards.[1]
A completed water supply and/or sanitary sewer system constructed
prior to availability of a public water or sewer connection, which
is sealed or capped to prevent usage until such a connection is made.
A notice issued by the Administrative Officer informing an applicant that the application is complete and meets the requirements of this chapter and that the applicant may proceed with the approval process. See § A263-10B.
A site planning technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space and/or preservation of environmentally, historically or other sensitive features and/or structures. The techniques used to concentrate buildings shall be specified in the ordinance and may include, but are not limited to, reduced lot areas, setback requirements and/or bulk requirements with the resultant open land being devoted by deed restrictions for one or more uses. Under cluster development there is no increase in the number of lots that would be permitted under conventional development except where ordinance provisions include incentive bonuses for certain types or conditions of development. (See Chapter 260, Zoning, Article IX, Cluster Subdivisions, for further definitions related to clusters.)
A drawing with accompanying information showing the basic
elements of a proposed land development plan or subdivision as used
for preapplication meetings and initial process discussions and classification
of the project within the approval process.
A requirement of all East Greenwich regulations, which means
that all such regulations and subsequent actions shall be in accordance
with the public policies arrived at through detailed study and analysis
and adopted by the Town of East Greenwich as the Comprehensive Community
Plan as specified (in § 45-22.2-3 of the Rhode Island General
Laws).
Payments of cash which are authorized in the local regulations
when requirements for mandatory dedication of land are not met because
of physical conditions of the site or other reasons. The conditions
under which the payments will be allowed and all formulas for calculating
the amount shall be specified in advance in the local regulations.
See R.I.G.L. § 45-23-47.
[Amended 12-9-2015]
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.
A subdivision.
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 "physical constraints to development."
The final stage of the land development and subdivision review process. See § A263-21.
The final drawing(s) of all or a portion of a subdivision
to be recorded after approval by the Permitting Authority and any
accompanying material as described in this chapter and/or required
by the Planning Board.
See Rhode Island State Building Code.[2]
The East Greenwich Town Council.
Any natural or built item which becomes part of, is placed
upon, or is affixed to real estate.
A security instrument in a form acceptable to the Town to ensure that all improvements, facilities or work required by the land development and subdivision regulations, or required as a condition of approval, will be completed in compliance with the approved plans and specifications of a development. See § A263-25.
The development and subdivision review regulations adopted
under the provisions of the Act. Where reference is made to local
regulations, it shall be understood as the development and subdivision
review regulations and all related ordinances and rules properly adopted
pursuant to the Act.
Either: 1) the basic development unit for determination of
lot area, depth and other dimensional regulations; or 2) a parcel
of land whose boundaries have been established by some legal instrument
such as a recorded deed or recorded map and which is recognized as
a separate legal entity for purposes of transfer of title.
That portion of a lot extending along a street right-of-way.
A security instrument which may be required and accepted
by the Town to ensure that necessary improvements will function as
required for a specific period of time. See "improvement guarantee."
Any land development plan not classified as a minor land
development plan.
Any subdivision not classified as either an administrative
subdivision or a minor subdivision.
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.
The amount of land required by zone to constitute the building
envelope for each lot. The minimum buildable area is defined by taking
the minimum lot size for a zone and subtracting the required setbacks.
The M.B.A. shall be free of all wetlands, drainage structures or other
features which would impair its use for purposes allowed under the
Zoning Ordinance. See Appendix B.[3]
A development plan for a residential project, as defined
in local regulations, provided that such development does not require
waivers or modifications as specified in this chapter. All nonresidential
land development projects shall be considered as major land development
plans.
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 this act.
See § A263-38.
A lot or contiguous group of lots in single ownership or
under single control and usually considered a unit for purposes of
development.
All that portion of a development that is used by vehicles,
the total area used for vehicular access, circulation, parking, loading
and unloading.
The Planning Board.
Development, generally of a large scale, where construction
of public and/or private improvements proceeds in sections or phases
according to an approved master plan for the entire site.
Characteristics of a site or area, either natural or man-made,
which preclude or present significant difficulties to construction
of the uses permitted on that site or would require extraordinary
construction methods. See also "environmental constraints."
The official planning agency of the Town of East Greenwich.
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
these Regulations.
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. See § A263-9.
Any street or other roadway, sidewalk, pedestrian way, tree,
lawn, off-street parking area, drainage feature, or other facility
for which the local government or other governmental entity either
is presently responsible or will ultimately assume the responsibility
for maintenance and operation upon municipal acceptance.
A meeting of the Permitting Authority or governing body preceded by a notice, open to the public and at which the public shall be heard. See § A263-16D(1) and (2).
Any change of an approved or recorded subdivision plat or
in a lot recorded in the Town 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.
A method for storage of stormwater runoff and the controlled
release of such runoff during and after a flood or storm event.
A provision for storage/holding of stormwater runoff.
A public or private thoroughfare used, or intended to be
used, for passage or travel by motor vehicles. See street classification.
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.
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.
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. Local classifications shall use the following as major
categories:
ARTERIALA major street that serves as an avenue for the circulation of traffic into, out of, or around the Town and carries high volumes of traffic.
COLLECTORA street whose principal function is to carry traffic between local streets and arterial streets but that may also provide direct access to abutting properties.
LOCALStreets whose primary function is to provide access to abutting properties.
A local street with only one outlet and having an appropriate
vehicular turnaround, either temporary or permanent, at the closed
(bulb) end. Culs-de-sac shall not exceed 1,000 feet in length. Minimum
length for culs-de-sac shall consist of the base frontage for the
zone in which it lies plus the dimensions of the full bulb. The "bulb"
of the cul-de-sac shall provide frontage for a maximum of three lots.
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. Frontage on a limited access highway shall not constitute
legal frontage for zoning or subdivision purposes.
Private streets shall be prohibited in all single-family
residential developments.
All public property reserved or dedicated for street traffic.
A portion of a street reserved to provide access to future
development, which may provide for utility connections.
Any person who (1) having an interest in land, causes it,
directly or indirectly, to be divided into a subdivision; or who (2)
directly or indirectly sells, leases or develops, or offers to sell,
lease or develop, or advertises to sell, lease or develop, any interest,
lot, parcel, site, unit or plat in a subdivision; or who (3) 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, parcel, site, unit or plat in a 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 lot of record 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.
A committee comprised of the Town Manager, Director of Public
Works, Chief of Police, Fire Chief, Director of Parks and Recreation,
Building Official/Zoning Enforcement Officer, and the Director of
Planning, or their assigns, for the purpose of reviewing, commenting
and making recommendations to the Planning Board with respect to approval
of land development and subdivision applications. The Director of
the Kent County Water Authority is an advisor to the Technical Review
Committee.
Improvements built and maintained by a developer during construction
of a development project and prior to release of the improvement guarantee
that are not intended to be permanent.
A naturally vegetated, landscaped or revegetated area retained as such and wherein construction and land disturbance, such as clearing trees, cutting brush or grading, is prohibited, and new buildings or structures, including but not limited to roads, septic systems, sheds and utilities are not allowed. See also § A263-23.
[Added 11-6-2013]
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 § A263-38.
[1]
Editor's Note: Appendix B, Lot Design Standards, is attached to this chapter.
[2]
Editor's Note: See R.I.G.L. § 23-27.3-100.1 et seq.
[3]
Editor's Note: Appendix B, Lot Design Standards, is attached to this chapter.
A.
Required findings. In approving all administrative, minor and major
development applications the Permitting Authority or the Administrative
Officer shall address each of the general purposes of these regulations
and shall make positive findings relative to the below-listed provisions.
If an adverse or negative finding for any of these standards is made,
the Permitting Authority or Administrative Officer shall have grounds
for denial of the project design. All findings shall be in writing
and shall be part of the project's record of review.
(1)
All subdivisions shall be consistent with the requirements of the
East Greenwich Comprehensive Community Plan and/or shall satisfactorily
address the issues where there may be inconsistencies;
(2)
All proposed lots in a subdivision shall conform to the minimum standards
and applicable provisions of the East Greenwich Zoning Ordinance.
Note: Lots donated to the Town to comply with requirements relating
to recreational facilities may, at the discretion of the Permitting
Authority, not meet all dimensional and other requirements of the
zone in which the lot is situated. In such cases the following shall
apply:
(a)
The recorded plat shall contain a statement that the lot being
created is not a buildable lot; and
(b)
The lot is granted to the Town of East Greenwich or East Greenwich
Municipal Land Trust as a passive or active recreational site for
use in the furtherance of the policies of the East Greenwich Open
Space and Recreation Plan (EGORP).
(3)
All lots proposed for development shall meet the minimum buildable
area standards of these regulations. (See Appendix B, Table 1.[1])
[1]
Editor's Note: Appendix B, Lot Design Standards, is attached to this chapter.
(4)
There will be no significant adverse environmental impacts from the
proposed development as shown on the final plan, with all required
conditions for approval.
(5)
The subdivision, as proposed, will not result in the creation of lots that due to environmental or physical limitations to development that construction or use would be impracticable. (See Appendix B, Lot Design Standards, and Definition Section; Minimum Buildable Area). Lots characterized as such may be allowable only as permanent open space or for passive natural or recreational purposes with notation of same made on the record plat [see § A263-8A(2)(b)].
(6)
All proposed land developments and subdivision lots shall have adequate
and permanent physical access to a public street. Lot frontage on
a public street without the ability to physically access same shall
not be allowed.
(7)
Each subdivision shall make provisions for: safe circulation of pedestrians;
bicycles and vehicular traffic; the adequate detention of surface
water runoff and storm flow; building sites meeting the minimum buildable
area requirements of these regulations; and preservation of natural,
visual, historic or cultural features of the site and surrounding
community.
(8)
The design, location and construction of streets, building lots,
utilities, drainage improvements and any other improvements in each
subdivision shall not increase flooding or cause excessive soil erosion
or sedimentation to occur.
B.
Except for administrative subdivisions, findings of fact must be
supported by legally competent evidence on the record which discloses
the source and character of the observations upon which the fact-finders
acted.
A.
A minimum of one or more preapplication meetings shall be held for
all major land development or subdivision applications. One preapplication
meeting may be held for administrative subdivisions, upon request
of the Town officials or the applicant. A minimum of one preapplication
meeting shall be required for all minor subdivisions prior to submission
of any application for minor subdivision review. Preapplication meetings
shall allow the applicant to meet with appropriate Town officers,
boards, commissions, planning staff for advice and guidance relative
to the required steps in the approval process, review of local plans,
ordinances, regulations, rules and procedures, and standards which
may impact the proposed development project.
B.
At the preapplication stage, the applicant may request an informal
concept plan review for a development. The purpose of the concept
plan review is also to provide Town professional staff and the Permitting
Authority the opportunity for input during the formative stages of
major subdivision and development concept design.
C.
Applicants seeking a preapplication meeting or an informal concept
review shall submit general, conceptual materials, an application,
all required fees and information required by the Preapplication Checklist[1] 20 days in advance of the meeting(s).
[1]
Editor's Note: The Preapplication Checklist is attached to this chapter.
D.
The purpose of preapplication meetings is to promote the sharing
and discussion of project concepts among all participants. Preapplication
discussions are intended to provide guidance to project applicants
and do not constitute approval of the project or its constituent parts.
E.
Provided that at least one preapplication meeting has been held for major land development or subdivision application or 60 days have elapsed from the filing of the preapplication submission and no preapplication meeting has been scheduled to occur within said 60 days, nothing shall be deemed to preclude an applicant from thereafter filing and proceeding with an application for a land development or subdivision project in accordance with § A263-10 of these regulations.
F.
Preapplication Checklist. (Editor's Note: The Preapplication Checklist is attached to this chapter.)
A.
Classification. The Administrative Officer shall advise the applicant
as to which process steps and approvals are required and the appropriate
body or board(s) for hearing an application for a land development
or subdivision project. Applications fall into three classifications:
B.
Certification of a complete application. An application shall be
complete for purposes of commencing the applicable time frame for
formal consideration upon certification by the Administrative Officer.
Every certification of completeness required by this chapter shall
be in writing. If such certification of the application is not made
within the time specified in these regulations, the application shall
be deemed complete for purposes of commencing the review period. This
shall be the case unless the application lacks information required
as specified in these regulations and the Administrative Officer has
notified the applicant, in writing, of such deficiencies.
[Amended 12-9-2015]
C.
Notwithstanding the above subsections, the Permitting Authority may
require correction of any information found to be in error and/or
submission of additional information specified in the regulations
but not required by the Administrative Officer prior to certification.
D.
Where review is postponed with the consent of the applicant, pending
further information or revision of information, the time period for
review shall be stayed and shall resume when the Administrative Officer
or the Planning Board determines that the required application information
is complete.
A.
Any applicant requesting approval of an administrative subdivision
shall submit a completed application form and required application
fee to the Administrative Officer and all items in complete form as
required by these regulations for such proposals. See Checklist I,
Administrative Subdivisions.[1]
[1]
Editor's Note: Checklist I, Administrative Subdivisions, is attached to this chapter.
B.
The application shall be certified, in writing, as complete or incomplete
by the Administrative Officer within a fifteen-day period from the
date of its submission.
[Amended 12-9-2015]
C.
Review process.
(1)
Within 15 days of certification of completeness, the Administrative
Officer shall review the application and approve, deny or refer it
to the Permitting Authority with analysis and recommendations. The
Officer shall report his/her actions to the Permitting Authority at
its next regular meeting, to be made part of the record.
(2)
If no action is taken by the Administrative Officer within the 15
days, the application shall be placed on the agenda of the next regular
Permitting Authority meeting.
D.
If referred to the Permitting Authority, the Board shall consider
the application and the recommendations of the Administrative Officer
and shall either approve, approve with conditions, or deny the application
within 65 days of certification of completeness. Failure of the Permitting
Authority to act within the period prescribed shall constitute approval
of the administrative subdivision plan. A certificate from the Administrative
Officer as to the failure of the Permitting Authority to act within
the required time and the resultant approval shall be issued on request
of the applicant.
E.
Denial of an application by the Administrative Officer shall not
be appealable and will require the plan to be submitted as a minor
subdivision application to the Permitting Authority.
F.
Any approval of an administrative subdivision shall be evidenced
by a written decision which shall be filed and posted in the office
of the city or town clerk.
G.
Approval of an administrative subdivision shall expire 90 days from
the date of approval unless within such period a plat in conformity
with such approval is submitted for signature and recording in accord
with the standards of these regulations.
A.
Review stages. Minor plan review shall consist of two principal stages,
preliminary and final. If a street creation or extension is involved,
a public hearing is required. The Permitting Authority, at its discretion,
may combine the approval stages, providing all requirements for both
stages have been met by the applicant to the satisfaction of the Administrative
Officer.
B.
Submission requirements. Any applicant requesting approval of a proposed
minor subdivision or minor land development, as defined, shall submit
to the Administrative Officer all items required for certification.
(See Checklist II, Preliminary Plat: Minor Land Development and Minor
Subdivisions, and Checklist III, Final Plat: Minor Land Development
and Minor Subdivisions. A minimum of three sets of application shall
be required.)
C.
Certification. The application shall be certified, in writing, as complete or incomplete by the Administrative Officer within 25 days, or within 15 days if no street creation or extension is required according to the provisions of § A263-10. The running of the time period set forth herein shall be deemed stopped upon the issuance of a certificate of incompleteness of the application by the Administrative Officer and shall recommence upon the resubmission of a corrected application by the applicant; however, in no event shall the Administrative Officer be required to certify a corrected submission as complete or incomplete less than 14 days after its resubmission.
[Amended 12-9-2015]
D.
The Administrative Officer and Town professional staff and/or Town
boards shall review the complete application and forward analysis,
comment and recommendations to the Permitting Authority. The plans
shall also be forwarded to the Technical Review Committee for advisory
review.
E.
Technical Review Committee. The Technical Review Committee shall
review all minor land development projects and subdivisions and forward
its analysis and recommendations to the Permitting Authority.
F.
Reassignment to major review. The Permitting Authority may reassign a proposed minor proposal to major review if its review does not result in positive findings required outlined in § A263-8A(1) through (8).
G.
Decision. If no street creation or extension is required, the Permitting Authority shall approve, deny or approve with conditions the preliminary plan within 65 days of certification of completeness, or within such further time as is agreed to by the applicant and the reviewing body. If a street extension or creation is proposed, a public hearing shall be held prior to approval according to the requirements in § A263-20. The Permitting Authority shall approve, deny or approve with conditions the preliminary plan within 95 days of certification of completeness, or within such further time as is agreed to by the applicant and the Board.
H.
Failure to act. Failure of the Permitting Authority to act within
the period prescribed shall constitute approval of the preliminary
plan, and a certificate of the Administrative Officer as to the failure
of the Permitting Authority to act within the required time and the
resulting approval shall be issued on request of the applicant.
I.
Final plan. The Permitting Authority may delegate final plan review
and approval to the Administrative Officer. The Officer shall report
his actions, in writing, to the Permitting Authority at its next regular
meeting, to be made part of the record.
[Amended 12-9-2015]
J.
Vesting. Approval of a minor land development or subdivision plan
shall expire 90 days from the date of approval unless, within such
period, a plat or plan in conformity with such approval and as defined
in this act is submitted for signature and recording into Town land
evidence records. Approval may be extended for a longer period, if
requested by the applicant in writing and approved by the Permitting
Authority.
(Editor's Note: Checklist II, Preliminary Plat: Minor Land Development and Minor Subdivisions, is attached to this chapter.)
(Editor's Note: Checklist III, Final Plat: Minor Land Development and Minor Subdivisions, is attached to this chapter.)
A.
Major plan review shall be required of all applications for land
development and subdivision approval subject to these regulations,
unless the proposal is classified as an administrative subdivision
or as a minor land development or a minor subdivision.
B.
Major plan review shall consist of three stages of review; these are: master plan, preliminary plan and final plan. These steps may commence only after the preapplication meetings referenced in § A263-9 have taken place. For this type of proposal a public informational meeting and a public hearing are required.
C.
The Permitting Authority, at its discretion, may vote to combine review stages and to modify and/or waive requirements as specified in § A263-39. Review stages may be combined only after the Permitting Authority determines that all necessary requirements have been met by the applicant.
D.
Review by the Technical Review Committee shall be required for all major land developments and major subdivisions. This review shall occur concurrently with the initial review referenced below in § A263-16A(3).
A.
Requirements for submission.
(1)
The applicant(s) shall first submit to the Administrative Officer
the items required for master plans. (A minimum of seven sets shall
be submitted for initial review by staff.)
(2)
Requirements for the master plan and supporting material for this
phase of review shall include, but not be limited to the information
materials and supporting documents required on the Master Plan Checklist.[1]
[1]
Editor's Note: Checklist IV, Master Plan Checklist: Major Land Development and Major Subdivisions, is attached to this chapter.
(3)
Initial review and comments shall be solicited by the Administrative
Officer from the following: a) local agencies, including, but not
limited to, the Planning Department, the Department of Public Works,
Division of Wastewater Treatment, Fire Department and Police Department,
Town Department of Public Works, Building Official, Tax Assessor,
Tax Collector, Kent County Water Authority; b) adjacent communities;
if applicable; c) state agencies, as appropriate, including the Departments
of Environmental Management and Transportation. The Administrative
Officer shall coordinate this review and comments by local officials,
adjacent communities and other agencies.
[Amended 12-9-2015]
B.
Certification. The application shall be certified, in writing, complete
or incomplete by the Administrative Officer within 60 days of receipt.
The running of the time period set forth herein will be deemed stopped
upon the issuance of a certificate of incompleteness of the application
by the Administrative Officer and will recommence upon the resubmission
of a corrected application by the applicant. However, in no event
will the Administrative Officer be required to certify a corrected
submission as complete or incomplete less than 14 days after its resubmission.
[Amended 12-9-2015]
C.
The Administrative Officer shall provide a coordinated review document
and summary of staff recommendations to the Permitting Authority.
The Administrative Officer shall also refer the proposal to the Technical
Review Committee, which shall forward its review and recommendations
to the Permitting Authority not less than 14 days prior to the hearing
at which the proposal shall be considered.
D.
Informational meeting. A public informational meeting shall be held
prior to the Permitting Authority decision on the master plan, unless
the master plan and preliminary plan approvals are being combined,
in which case the public informational meeting shall be optional,
based upon Permitting Authority's determination.
(1)
Public notice for the informational meeting is required and shall
appear in a newspaper of general circulation within the Town at least
seven days prior to the meeting. The Administrative Officer shall
instruct the Town Clerk to advertise same. Postcard notice shall be
mailed by the applicant to all property owners within the notice area.
A list of property owners within the notice area, certified by the
Tax Assessor, shall be provided by the applicant to the Administrative
Officer.
(2)
At the public informational meeting, the applicant shall present
the proposed development project. The Permitting Authority shall allow
oral and written comments from the general public. All public comments
shall be made part of the public record of the project application.
E.
Decision. The Permitting Authority shall, within 120 days of certification
of completeness, or within such further time as may be consented to
by the applicant, approve of the master plan as submitted, approve
with changes and/or conditions, or deny the application.
F.
Failure to act. Failure of the Permitting Authority to act within
the period prescribed shall constitute approval of the master plan.
A certificate issued by the Administrative Officer regarding the failure
of the Permitting Authority to act within the required time frame
and the resulting approval shall be issued upon request of the applicant.
G.
Vesting.
[Amended 12-9-2015]
(1)
The approved master plan shall be vested for a period of two years,
with a right to extend for two one-year extensions upon written request
by the applicant, who must appear before the Permitting Authority
for the annual review. Vesting may be extended for a longer period,
for good cause, if requested by the applicant, in writing, and approved
by the Permitting Authority. Master plan vesting shall include the
zoning requirements, conceptual layout and all conditions shown on
the approved master plan drawings and supporting materials.
(2)
The initial four-year vesting for the approved master plan shall
constitute the vested rights for the development.
(Editor's Note: Checklist IV, Master Plan Checklist: Major Land Development and Major Subdivisions, is attached to this chapter.)
A.
Submission requirements.
(1)
The applicant shall, as a first step, submit a completed application
form and the required application fee to the Administrative Officer
with the items required for preliminary plans.
(2)
Requirements for the preliminary plan and supporting materials for
this phase of the review shall include, but not be limited to, the
information and materials required on the Preliminary Plan Checklist:[1] engineering plans depicting the existing site conditions;
engineering plans depicting the proposed development project; a perimeter
survey; all permits which may be required by state or federal agencies
prior to commencement of construction, including permits related to
freshwater wetlands, floodplains, preliminary suitability for individual
septic disposal systems, public water systems, and connections to
state roads.
[1]
Editor's Note: Checklist V, Preliminary Plat: Major Land Development and Major Subdivisions, is attached to this chapter.
(3)
Final written comments on the preliminary plan. At the preliminary
plan review phase, the Administrative Officer shall solicit final
written comments and/or approvals of the Department of Public Works,
the city or town engineer, the city or town solicitor, other local
government departments, commissions or authorities, as appropriate.
(4)
Prior to approval of the preliminary plan, copies of all legal documents
describing the property, proposed easements and rights-of-way.
B.
Certification. The application shall be certified as complete or
incomplete by the Administrative Officer within 60 days, according
to the provisions of the enabling act. The running time period set
forth herein shall be deemed stopped upon the issuance of a certificate
of incompleteness of the application by the Administrative Officer
and shall recommence upon the resubmission of a corrected application
by the applicant; however, in no event shall the Administrative Officer
be required to certify a corrected submission as complete or incomplete
less than 14 days after resubmission.
C.
Technical Review Committee. The Technical Review Committee shall
review the application and shall comment and make recommendations
to the Permitting Authority prior to the date scheduled for the Permitting
Authority meeting at which the application is to be considered.
D.
Public hearing. Prior to the Permitting Authority's decision on the
preliminary plan, a public hearing with notice must be held. A representative
from the Town Solicitor's office shall be present at the public hearing.
E.
Public improvement guarantees. Proposed arrangements for completion
of the required public improvements, including construction schedule
and type of proposed financial guarantees, shall be reviewed and approved
by the Permitting Authority at preliminary plan approval hearing.
F.
Decision. A complete application for a major subdivision or development
plan shall be approved, approved with conditions, or denied within
120 days of the date when it is certified complete, or within such
further time as may be consented to by the applicant.
G.
Failure to act. If the Permitting Authority fails to act on the application
within the period prescribed, such failure shall constitute approval
of the preliminary plan. A certificate of the Administrative Officer
as to the failure of the Permitting Authority to act within the required
time and the resulting approval shall be issued on request of the
applicant.
H.
Vesting. The approved preliminary plan shall be vested for a period
of one year and vesting may be extended for a longer period, for good
cause shown, if requested in writing by the applicant and approved
by the Permitting Authority. The vesting for the preliminary plan
approval shall include all general and specific conditions as shown
on the approved preliminary plan drawings and supporting material.
(Editor's Note: Checklist V, Preliminary Plat: Major Land Development and Major Subdivisions, is attached to this chapter.)
A.
A public hearing shall be required for a major land development project
or a major subdivision or where a street extension or creation requires
a public hearing for a minor land development project or minor subdivision.
B.
Notice requirements. Public notice of the hearing shall be given
a minimum of 14 days prior to the date of the hearing in a newspaper
of general circulation within the Town. In addition, notice shall
be sent to the applicant and to each property owner of record within
a two-hundred-foot radius of the subject property, by certified mail,
return receipt requested, of the time and place of the hearing not
less than 10 days prior to the date of the hearing. Notice shall also
be sent to any individual or entity holding a recorded conservation
or preservation restriction on the property that is the subject of
the application. Mail notice shall include the street address of the
subject property or, if no street address is available, the distance
from the nearest existing intersection in tenths of a mile. The applicant
shall advertise for the public hearing upon instruction from the Administrative
Officer in writing.
[Amended 12-9-2015]
C.
Notification area.
(1)
Watersheds. Additional notice within watersheds shall also be sent
as required in Rhode Island General Laws § 45-23-53(b) and
(c).
(2)
Adjacent municipalities. Notice of the public hearing shall be sent
by the Administrative Officer to the administrative officer of an
adjacent municipality if: a) the notice area extends into the adjacent
municipality; or b) the development site extends into the adjacent
municipality; or c) the Permitting Authority determines there may
be a potential for significant negative impact on the adjacent municipality.
D.
Notification cost. The cost(s) of such notice shall be borne in full
by the applicant.
A.
Submission requirements.
(1)
The applicant shall submit to the Administrative Officer a final
application package that contains all items required for final plans,
as well as all material required by the Permitting Authority when
the application was given preliminary approval.
(2)
Arrangements for completion of the required public improvements,
including construction schedule and/or financial guarantees.
(3)
A certification statement from the East Greenwich Tax Collector that
all property taxes are current.
(4)
For projects proposed for phased construction, the final plan shall
indicate the phase components.
B.
Certification. The application for final plan approval shall be certified
complete or incomplete by the Administrative Officer, in writing,
within 25 days of submittal. This time period may be extended to 45
days by written notice from the Administrative Officer to the applicant
where the final plans contain changes to or elements not included
in the preliminary plan approval. The running of the time period set
forth herein shall be deemed stopped upon the issuance of a certificate
of incompleteness of the application by the Administrative Officer
and shall recommence upon the resubmission of a corrected application
by the applicant; however, in no event shall the Administrative Officer
be required to certify a corrected submission as complete or incomplete
less than 14 days after its resubmission. If the Administrative Officer
certifies the application as complete and submission to the Permitting
Authority is not required per the preliminary decision, the final
plan shall be considered approved. In all cases, the final plan shall
be signed by the Chair of the Planning Board, or by the Administrative
Officer when final plan approval is delegated by the Planning Board
to the Administrative Officer, prior to recording with the Town Clerk.
[Amended 12-9-2015]
C.
Referral to the Permitting Authority. If the Administrative Officer
determines that an application for final approval does not meet the
requirements set by local regulations or by the Permitting Authority
at preliminary approval, the Administrative Officer shall refer the
final plans to the Permitting Authority for review and consideration.
Within 45 days after the certification of completeness, or within
such further time as may be consented to by the applicant, the authority
shall approve or deny the final plan as submitted.
D.
Failure to act. If the Permitting Authority fails to act within the
period prescribed, such inaction shall constitute approval of the
final plan. A certificate of the Administrative Officer as to the
failure of the Permitting Authority to act within the required time
and the resulting approval shall be issued on request of the applicant.
E.
Recording. Approval of a major subdivision or land development project
shall expire one year from the date of approval with the right to
extend for one year upon written request by the applicant, who must
appear before the Planning Board for the annual review, unless, within
that period, the plat or plan shall have been submitted for signature
and recording as specified in these regulations. Thereafter, the Permitting
Authority may, for good cause shown, extend the period for recording
for an additional period at its discretion.
[Amended 12-9-2015]
F.
Acceptance of public improvements. Signature and recording as specified in § A263-41 shall constitute the acceptance by the Town of East Greenwich of any street, other public improvement or land intended for dedication. Final plan approval shall not impose any duty upon the municipality to maintain or improve those dedicated areas until the Town Council accepts the completed public improvements as constructed in compliance with the final plans as approved.
G.
Validity of recorded plans. The final plan, once recorded, shall
remain valid as the approved plan for the parcel unless and until
an amendment to the plan is approved in accord with these regulations
or a new plan is approved by the Permitting Authority.
(Editor's Note: Checklist VI, Final Plat: Major Land Development and Major Subdivisions, is attached to this chapter).
A.
General requirements. In addition to the general purposes and provisions
of these regulations, the Permitting Authority (or Administrative
Officer in the case of an administrative subdivision) shall make positive
findings on each of the standards listed below. These findings shall
become part of the proposed project's record. Any negative finding
relative to any of these standards shall constitute grounds for denial
of the project design by the Permitting Authority or Administrative
Officer.
B.
Site design standards.
(1)
Purpose. The purpose of good subdivision and site design is to create
an efficient, functional and aesthetically pleasing development, to
minimize adverse impacts, and to ensure that a project will be an
asset to the Town. In this regard, land development projects and subdivisions
shall conform to the following standards, which are designed to result
in a well-planned community without adding unnecessarily to development
costs.
(2)
Site analysis. An analysis of the subdivision site and nearby areas
shall be required for all major subdivisions. The scope and content
of the required site analysis shall be discussed during the preapplication
meeting and shall be presented by the subdivider during the master
plan stage of review. A site analysis may also be required for minor
subdivisions if the Permitting Authority finds that the proposed development
may have a negative impact on the existing natural and built environment
or would be inappropriate for the quality of life of the surrounding
neighborhood. The site analysis shall address in graphic and written
form the following characteristics of the subject parcel and immediate
vicinity: site context/locus, geology and soil; agricultural lands,
woodlands; surface water and wetland features; topography; habitat;
ecology; existing vegetation; structures and road networks; visual
features and past and present use of the site. Historic sites, archaeological
features and cemeteries shall also be identified. Tree groves and
significant specimens shall be identified on the plan of existing
conditions.
(3)
Subdivision design standards.
(a)
The development design shall be compatible with the East Greenwich
Comprehensive Community Plan and state guide plan and comprehensive
plans for adjacent communities.
(b)
Development of the site shall be based on the characteristics
of the site and upon the site capacity analysis. Development shall
be located to preserve and enhance outstanding natural features of
the site, to avoid and buffer sensitive environmental areas, and to
minimize negative impacts and/or alteration of natural, historic and
cultural resources. Subdivision design should also preserve, to the
maximum extent feasible, scenic values, viewsheds and scenic roadways.
(c)
To the greatest extent practical, plans should be consistent
with the reasonable utilization of land. The below-listed land forms
and environmental features shall remain in an undeveloped or open
space status:
[1]
Land under water;
[2]
Unique and/or fragile areas, including freshwater wetlands and coastal wetlands as defined in Title 2, Chapter 1, of the General Laws of Rhode Island;
[3]
Lands in the floodplain or flood hazard areas as defined by
the Federal Emergency Management Agency (FEMA) and Rhode Island Department
of Environmental Management (RIDEM);
[4]
Steep slopes in excess of 15% as measured over a ten-foot interval;
[5]
Habitats of endangered wildlife, as defined by Rhode Island
Department of Environmental Management or Federal Agencies;
[6]
Historically significant structures and sites, as listed on
federal or state or East Greenwich inventory of historic places;
[7]
Significant archaeological sites as identified by the State
Archeologist; and
[8]
Significant trees or stands of trees or rare vegetative species.
(d)
The development shall be designed in a manner to avoid adverse
water impacts, especially in terms of protecting the Hunt River Aquifer
drainage basin, wellhead and aquifer recharge area; to minimize cut
and fill; to avoid unnecessary impervious cover, to prevent flooding,
to provide adequate access to lots and sites; and to mitigate adverse
effects of shadow, traffic, drainage and utilities on neighboring
properties.
(4)
Residential subdivision design standards.
(a)
The Permitting Authority, at its discretion, may change street
locations, lot configurations and dimensions, yards and setbacks.
Such design alterations shall be made to achieve sound design principles,
economy in the use of impervious surfaces and for environmental purposes.
(b)
Residential lots shall front on local streets wherever possible.
Lots fronting on state highways should be avoided.
(c)
Every lot shall have sufficient access to it for emergency vehicles.
Curb cuts shall be sited to avoid traffic conflicts.
(d)
Building envelopes of dwelling units in residential developments
shall take into consideration topography, building height, orientation,
drainage and scenic values.
(e)
Lots shall be designed to ensure to the maximum extent possible
that the proposed buildings have adequate privacy from adjacent streets
and uses.
(f)
Vegetated buffer areas shall be required, as necessary, to protect
adjacent uses from adverse impacts and to retain the functional habitat
for wildlife by providing food, cover and nesting areas. The Permitting
Authority shall determine the extent, location and size of such buffers
and may designate such areas as "no-cut" buffers. Augmentation of
natural vegetation to improve buffers may be required as needed and
any supplemental planting shall be with native species.
[Amended 11-6-2013]
[1]
Mowing existing Town-approved lawn within such buffers is permitted
as is pruning of existing trees and shrubs.
[a]
Pruning shall not involve removal of greater than
20% of existing limbs in any given year.
[b]
Mowing shrub scrub vegetation, marsh vegetation,
or forest understory vegetation is not permitted, and new areas of
lawn cannot be created in the buffer.
[c]
Even where locally permitted, alterations to regulated
freshwater or coastal wetlands are not permitted without prior approval
by RIDEM or CRMC, as required.
[d]
Within buffer areas, no tree with a two-inch or greater caliper may be removed unless it is diseased, dying, invasive or considered a hazardous or dangerous tree. Evidence of such disease or hazard may be required from a licensed arborist or like professional. A replacement plan shall first be approved by the Zoning Enforcement Officer (ZEO) prior to removal and planting, except in case of emergency as addressed below in Subsection B(4)(f)[2].
[2]
When vegetation, including invasive species, is removed in the
buffer, it must be replaced with native species — at least three
feet high for large shrub species and 18 inches high for small shrubs,
and at least a two-inch caliper for trees.
[a]
No more than 25% of trees planted as replacement
shall be of any one species, and replacement trees must be staked,
fertilized, mulched and watered as necessary to ensure survival.
[b]
Dead trees do not require replacement, but any
stump removal area should be stabilized with native ground cover or
other native vegetation.
[c]
Removal action made necessary by an emergency,
such as windstorm, flood, freeze, utility damage, or other like disasters,
in order to prevent imminent injury or damage to persons or property,
must be reported to the ZEO within seven business days of the action
and a replacement plan proposed.
(g)
Lots shall conform to the minimum buildable standards outlined
in Appendix B.[1]
[1]
Editor's Note: Appendix B, Lot Design Standards, is attached to this chapter.
(5)
Industrial or commercial subdivision design standards. All industrial
and commercial subdivisions shall be designed according to the same
principles governing the design of residential developments; these
being, that buildings shall be located in a manner that considers
topography, avoids environmentally sensitive areas, with proper drainage
facilities and surrounding land uses considered in siting buildings;
sufficient access shall be provided and adverse impacts mitigated.
(6)
Vehicular and pedestrian circulation system design.
(a)
The road system shall be designed to allow the safe, efficient
and orderly movement of traffic in an economical and logical manner
that is respective of natural features and topography and to present
an attractive streetscape and viewshed.
(b)
For residential subdivisions, the road system shall be designed
to serve neighborhood needs to accommodate service and public safety
vehicles and to discourage use by through traffic.
(c)
Pedestrian circulation systems shall be segregated from conflict
with vehicular traffic. Sidewalks and paths shall be placed per the
typical street cross sections, with exceptions permitted to preserve
or enhance natural features. Walks and paths may be established away
from the road system with permission of the Permitting Authority.
(7)
Landscape design principles.
(a)
Landscaped entranceways may be provided at subdivision accesses.
The type and amount of landscaping, signage and other improvements
shall be subject to review and approval of the Permitting Authority.
Plans for same shall be submitted at the preliminary project stage.
(b)
All plants or other landscaping material shall be compatible
with the local climate and meet accepted nursery standards.
(c)
Water conservation principles shall be utilized in subdivision
and site development landscaping. Topsoil shall have a minimum of
six inches of depth and shall have a composition and pH appropriate
for the type of plant materials selected for the site. Irrigation
requirements shall be minimized.
(8)
Site lighting.
(a)
Site lighting shall adhere to the "dark skies" principle and
shall confine all exterior building, driveway and parking lot lighting
to the site, not allowing light to adversely impact abutting properties
or public ways. Light poles, bases, stanchions and luminaries shall
not exceed 16 feet in height.
(b)
Lighting design shall be of a style appropriate to the site
and the building architecture while providing for adequate lighting
for pedestrian and vehicular safety. Cobra-head-style lights are not
allowed.
(9)
Building architecture.
(a)
The guiding principle of architectural design shall be the appropriateness
of the massing, scale, materials and details of the building for the
proposed use, the site, within the context of the neighboring properties
and the general location, within the height limitations established
by the Zoning Ordinance, and within the standards of review for buildings
within the Historic District.
(b)
The building shall utilize appropriate energy conservation measures
in its design and construction, providing for solar gain, and allowing
for solar access for adjacent properties.
(c)
Rooftop building systems mechanical equipment, including but
not limited to HVAC equipment and elevator equipment enclosures, shall
be screened from view.
C.
Land unsuitable for development.
(1)
When designing the proposed use of any parcel, land included in all
of the following categories shall be considered unsuitable for development
and shall not be considered to contribute to the minimum building
acreage of the parcel:
(2)
Land described in Subsection C(1)(a), (b) and (c) above may be included as part of any lot in any subdivision or land development project; however, such land may not be used to meet the minimum buildable area (MBA) standards of these regulations (see Appendix B).[2]
[2]
Editor's Note: Appendix B, Lot Design Standards, is attached to this chapter.
A.
General. The subdivider, at his own expense, shall construct all
improvements as required by the Permitting Authority in its decision
granting approval for any subdivision or project subject to these
regulations.
B.
Street design standards. The following design standards shall be
followed where applicable in the design and construction of any subdivision.
(1)
Frontage on improved streets. All areas to be subdivided shall have
frontage that meets the minimum requirements of the relevant zone
on an existing improved Town street. If such street frontage is substandard
to the specifications of these regulations or to the minimum engineering
standards, the Permitting Authority may require the subdivider to
improve the part of the street abutting or leading to the property
being subdivided as necessary to ensure for proper drainage, promote
public safety, or avoid adverse development impacts to the surrounding
community.
(2)
Street classification. Street design within a proposed subdivision
shall conform to the street classification system discussed below.
Rights-of-way and pavement width, curbing, parking, drainage, location
of utilities, sidewalks, bicycle or walking paths and general road
design standards shall be consistent with street function. All street
classifications shall be established by the Permitting Authority.
Streets shall fall within one of the following major categories:
(a)
Arterial. A major public street that serves as an avenue for
the circulation of traffic into, out of or around the Town and carries
high volumes of traffic. All industrial and major commercial subdivision
streets shall be classified as arterial and conform to such standards.
(b)
Collector. A public street whose principal function is to carry
traffic between local streets and arterial streets but that may also
provide direct access to abutting properties. These streets provide
a balance between land access and mobility.
(c)
Local. Public streets whose primary function is to provide access
to abutting properties.
(3)
Street rights-of-way specifications. All street rights-of-way and
road construction shall conform to the standards shown and specifications
by type of street as noted and illustrated in Appendix C of these
regulations. Figures I, II and III depict typical cross sections by
street type proposed for acceptance and maintenance by the Town. Paving
specifications for streets shall be in accord with Town Standards
as noted in Appendix C.[1]
[1]
Editor's Note: Appendix C, Road Design, is attached to this chapter.
(4)
Engineering standards. See Appendix C, Table 1.
(5)
Street layout and arrangement. The arrangement of streets shall be
considered in relation to existing Town streets and in relation to
topographic and natural systems. The road system shall be designed:
to allow for safe, efficient and orderly movement of traffic; to have
a simple and logical circulation pattern; to respect natural features
and topography; to improve the visual quality of the subdivision;
to increase privacy and reduce unnecessary noise and traffic. Within
residential subdivisions, the road system shall be designed to serve
the needs of the neighborhood and not encourage use by through traffic.
However, in major subdivisions, access shall be designed to avoid
street systems which have only one principal means of egress. In order
to provide for alternative access, at least two vehicular access streets
may be required in major subdivisions when determined by the Permitting
Authority to be feasible and appropriate. Proposed streets in major
subdivisions shall provide for their continuation or projection to
intersect with principal streets on the perimeter of the subdivision
or with adjacent vacant property in order that the streets may be
extended in the future.
(6)
Private streets. Private streets shall be prohibited in all single-family
residential developments.
(7)
Culs-de-sac. All cul-de-sac streets shall end in a permanent turnaround
constructed to the standards listed in Appendix C. Culs-de-sac shall
not exceed 1,000 feet in length. Culs-de-sac shall have a minimum
length consisting of the frontage required for the base zone in which
the property lies plus the bulb itself. The "bulb" shall not provide
frontage for more than three lots. This standard may be waived by
the Permitting Authority to promote access to landlocked parcels,
to allow for future connection to the existing road network in the
Town or for other cause.
(8)
Street names. An extension of an existing street shall have the same
name as the existing street. Names of new streets shall be determined
by the Town Council. Streets shown for proposed subdivisions that
are not extensions of existing streets shall be referred to as Street
"A," Street "B," etc.
(9)
Access to adjoining properties. When it is considered desirable by
the Permitting Authority to provide access to adjoining property,
proposed streets shall be continued and improved to the property line.
Access to adjacent parcels for pedestrian and/or bicycle circulation
or promotion of the Town of East Greenwich Linear Park System shall
be required wherever the Permitting Authority determines that such
connection is in the interest of the community.
(10)
Street signs. Street name and traffic control signs, constructed
to Town of East Greenwich specifications, shall be installed by the
developer at his/her expense.
(11)
Streetlighting. In all subdivisions, utilities including provision
for streetlighting shall be installed underground.
(12)
Landscaping standards.
(a)
Landscaping shall be provided as part of project plan and design.
It shall be conceived in a total pattern throughout the site, integrating
the various elements of a site design, preserving and enhancing the
particular identity of the site and creating a pleasing site character.
Landscaping and natural vegetative buffers shall be utilized to separate
residential areas from major roadways, commercial and manufacturing
areas.
(b)
Landscaping may include plant materials such as trees, shrubs,
ground covers, grass and flowers; other materials to be used may include
rocks, planted berms, stone walls, paving materials, planters and
signage. Areas which may be required to provide landscaping or screening
shall include, but not be limited to, the following:
(c)
Landscape plan. A landscape plan prepared by a registered landscape
architect shall be submitted to the Permitting Authority when it is
determined that: a) existing landscaping is insufficient; b) the site
of the proposed subdivision requires restoration; or c) adding landscaping
would enhance the visual aspect of the area or would preserve existing
outstanding landscape features. If submittal of a landscape plan is
required, the applicant shall be advised of this requirement at the
preliminary review stage of an administrative or minor subdivision
and at the master plan stage of a major subdivision. The plan shall
identify existing and proposed trees, stone walls and rock outcroppings;
signs; proposed grading at two-foot intervals; lighting and other
proposed landscaping elements. The plan shall indicate the location
of all proposed landscaping and shall include construction details.
A planting schedule shall be included to indicate proposed planting
by species, size at time of planting, and maintenance requirements.
Where existing plantings are to be retained, the plan shall indicate
methods for protecting during construction.
(13)
Monuments/bounds. Monuments or bounds (granite or concrete boundary
markers) shall be of the type approved by the Town and paid for by
the developer and placed by a registered land surveyor as approved
by the Permitting Authority. Monuments shall be set with the finished
grade at the right of-way and may be required to be raised at other
locations.
(14)
Sidewalks. Sidewalks may be required to be installed on one
or both sides of all proposed new public streets in subdivisions and
in all multifamily developments. This requirement may be waived for
cul-de-sac streets serving five or fewer lots or dwellings or if the
Permitting Authority determines such waivers appropriate. Sidewalk
construction shall be in conformity with the standards outlined in
Appendix C. The Permitting Authority may require that sidewalks be
connected to existing sidewalks on collector or arterial roads abutting
the subdivision.
(15)
Bicycle paths. Bicycle paths shall be incorporated into the
proposed subdivision where necessary to extend an existing bicycle
path, to intersect with proposed state or Town bicycle facilities,
or to connect adjacent subdivisions, schools or recreation areas.
(16)
Curbing. Concrete curbing, meeting RIDOT Standard 7.11, or granite
curbing, meeting RIDOT Standard 7.51, shall be installed on all proposed
streets.
(17)
Curbing at intersection fillet curves. Precast concrete wheelchair
ramp curbs meeting RIDOT Standard 7.19 shall be installed in conformity
with requirements of the Rhode Island Americans with Disabilities
Act.
C.
Easements.
(1)
In general. All easements shall be appropriately marked with monuments.
(2)
For watercourses. Where a subdivision is traversed by a watercourse,
drainageway, channel or stream, a stormwater easement or drainage
right-of-way conforming substantially with the lines of such watercourse
shall be provided, together with access strips; such right-of-way
or public utility easement shall be shown on the drainage plan and
on the final plan with proper bearings and distances indicated.
(3)
For sanitary sewers. Easements shall be provided for sanitary sewers
where they are anticipated. The Permitting Authority shall determine
the locations and widths of such easements.
(4)
For storm drains and drainage channels. Easements through lots for
drainage channels and storm drains shall be provided. Whenever possible,
they shall be located along lot lines and shall be at least 20 feet
in width. Access easements shall be provided where such facilities
are remote from streets or where conditions exist that require ramps
for maintenance vehicles.
(5)
For street widenings. Where a subdivision abuts an existing substandard
Town street, the Permitting Authority may require the subdivider to
convey land to the Town to enable such street to be widened.
(6)
Frenchtown Brook. Whenever Frenchtown Brook passes through any subdivision,
between Saw Mill Pond on Frenchtown Road and the East Greenwich/West
Greenwich town line, the developer shall transfer and convey to the
Town of East Greenwich a fifty-foot-wide easement along each side
of and abutting the mean high-water bank of Frenchtown Brook, and
such easement shall provide for public access and use of the land
area along said brook and be described in the easement for passive
recreation.
(7)
Sight distance easements. Where deemed necessary by the Permitting
Authority to establish adequate sight distances for vehicular traffic,
the dedication of an easement to the Town may be required which would
prohibit the erection or maintenance of any visual obstruction such
as structure, tree, shrub, wall, earthen embankment or other obstruction.
(8)
Bicycle or pedestrian access easements. Bicycle and pedestrian access
shall be provided where required on a separate strip of land dedicated
to the Town or on an easement having a minimum width of 10 feet to
20 feet, depending upon location.
(9)
Other easements. All other required easements shall be of sufficient
width and area to serve their intended purpose.
D.
Lot configuration. The Permitting Authority and/or Administrative
Officer shall have the right to reject or require modification to
lots which are shaped or configured in such a manner as to conflict
with the use of the land for the intended purposes. The Permitting
Authority or Administrative Officer may require changes or modification
to the proposed layout as deemed necessary to achieve the purposes
of these regulations (see Appendix B).[2]
[2]
Editor's Note: Appendix B, Lot Design Standards, is attached to this chapter.
E.
Stormwater drainage systems and plans.
(1)
Stormwater drainage systems.
(a)
All proposed subdivisions shall make adequate provision to properly
contain and handle storm flow generated by the project. All drainage
systems shall be designed in accord with Rhode Island Department of
Environmental Management regulations and to the standards of the Town
of East Greenwich. The drainage system may be comprised of natural
and man-made elements. These may include grass swales, retention and
detention basins, curbs. Applicants are encouraged to incorporate
natural elements into the drainage design wherever possible and feasible.
All drainage structures shall be in conformance with the accepted
state RIDOT standards or Town-approved equals.
(b)
Drainage plans and drainage calculations shall be prepared by
a registered professional engineer. The stormwater drainage calculations,
runoff rates and system design shall be based on the application of
the appropriate method, as follows:
[1]
The Rational Method. This method is the preferred method for
small systems of three acres or less, where no wetlands, ponds or
other storage depressions are present, and where drainage is toward
the point of analysis.
[2]
TR-55. This is the preferred method for calculating runoff volumes,
peak discharge rate, and flood storage requirements for site development
over three acres.
(2)
All drainage plans and drainage calculations shall provide the following
information:
(a)
An estimate of the quantity of stormwater surface runoff currently
flowing from the land proposed to be subdivided compared to storm
flow which would be generated by the proposed subdivision. (To be
calculated on the basis of a twenty-five-year frequency rainfall.)
(b)
An estimate of the quantity of stormwater surface runoff entering
the subdivision naturally from upstream areas within the watershed
under present conditions calculated on the basis of a twenty-five-year
frequency rainfall.
(c)
An analysis of the capability of existing watercourses, catch
basins, culverts and other drainage facilities within the land proposed
to be subdivided to handle the runoff as calculated above and proposals
to handle such surface runoff. Design criteria for drainage improvements
shall conform to the State of Rhode Island specifications cited above
as may be modified by the Town of East Greenwich Department of Public
Works. Culvert and storm sewers shall be designed for a twenty-five-year
frequency rainfall (one-hundred-year frequency in a special flood
hazard zone), with a minimum pipe size of 12 inches so that the minimum
velocity shall not be less than three feet per second calculated for
the ten-year design storm.
(d)
Proposals for disposal of surface runoff downstream from the
subdivision in a manner that will not damage off-site property, natural
features or existing drainage structures and facilities.
(e)
The drainage plan shall further indicate how the following specific
requirements will be met:
[1]
That each lot will be adequately drained;
[2]
That natural drainage patterns will be maintained whenever possible;
[3]
That all existing watercourses will be left open, unless approval
to enclose is granted by Rhode Island Department of Environmental
Management and the Town of East Greenwich;
[4]
That all new open watercourses will be properly stabilized using
vegetation or stone, depending on soil conditions and grades;
[5]
That a continuous drainage system will be installed and connected
to a natural or man-made watercourse or to an existing piped storm
drainage system. The ultimate destination of such continuous drainage
shall be a permanent natural body of water or wetland. Where the Permitting
Authority determines that such ultimate destination is impractical,
the Board shall require the construction of a retention area capable
of accommodating proposed stormwater volumes based on a one-hundred-year
frequency rainfall;
[6]
When any part of the drainage system is sited outside the public
street right-of-way, provisions for future access to and maintenance
of same shall be approved by the Town Council;
[7]
That any necessary easements to off-street watercourses will
be obtained by the subdivider and approved by the Town Solicitor;
and
[8]
Where volume velocity of the surface runoff is high, the flow
thereof shall be controlled by riprap, sedimentation basins, flow
spreaders or other applicable devices and/or techniques as recommended
in the Rhode Island Soil Erosion and Sediment Control Handbook.
(f)
The proposed drainage system shall be designed to accommodate
stormwater such that post-construction conditions do not result in
peak runoff increases in rate from preconstruction conditions.
F.
Utilities.
(1)
Sanitary sewers. Sanitary sewers shall be required in all subdivisions
and land development projects where such sewer service is available
to or may be extended to the site in a cost-effective manner.
(2)
Water service. Water service, where available, shall be provided
for each lot in accordance with the requirements of the Kent County
Water Authority. The Permitting Authority may require the extension
of service to a proposed subdivision when such extensions are possible
and could be extended. Dry capped lines may be required for developments
that may have future access to service due to capital improvements
made by the Kent County Water Authority.
(3)
Gaslines. Natural-gas lines may be installed in any subdivision or
land development project at the discretion of the subdivider. If proposed,
gaslines shall be located on the opposite side of the street from
the waterline or as required by the utility.
(4)
Other utilities (electric, telephone and cable TV). All electric,
communication (telephone, fire alarm and cable TV) and streetlighting
lines shall be installed underground. Such utilities shall be installed
to the specifications of the appropriate utility.
(5)
Fire hydrants. Fire hydrants shall be installed in all subdivisions
where public water supply systems are installed. Hydrant type, location
and spacing shall meet the minimum requirements of the East Greenwich
Fire Department.
Amended 12-9-2015]
G.
Erosion and sediment control plan permit(s). A soil erosion and sedimentation control plan and permit application shall be submitted for all applications meeting the threshold requirements as listed in Chapter 207 of the Town of East Greenwich Code. Such plan shall meet the standards of the Code.
H.
Requirements for off-site improvements.
(1)
Purpose. This section is intended to ensure that subdividers provide
off-site infrastructure improvements in order to mitigate the impacts
which are directly attributable to the new development. Such improvements
may be required by the Permitting Authority if the Board finds that
there is a reasonable relationship between the requested improvement
and the proposed new development. Off-site improvements may include
but not be limited to the following categories:
(2)
Definition, criteria and principles. As a condition of final approval,
the Permitting Authority may require a subdivider to construct such
improvements that are reasonable and necessary to mitigate impacts
relating to the land being subdivided. Necessary improvements are
those that directly and substantially relate to the subdivision or
land development being proposed. The Permitting Authority shall provide
in its resolution of final approval a finding that forms the basis
for such off-site improvements. The finding shall be that a significant
adverse impact on existing conditions will result if the off-site
improvements are not constructed. The mitigation required as a condition
of approval must relate to the significance of the identified impact.
Required off-site improvements must be consistent with the character
defined for the affected neighborhood in the Comprehensive Community
Plan or address a particular situation or problem that is raised and
discussed during the consideration of the project.
A.
Definition and purpose.
(1)
The purpose of this section is to provide a guarantee to the Town
that the required improvements will be constructed.
(2)
An improvement guarantee is a security instrument in a form that
is acceptable to the Town to ensure that all improvements, facilities
or work required as a condition of approval of a subdivision plan
will be completed in conformity with the approved plans and specifications.
(3)
Improvement guarantees shall be provided to ensure the proper installation
and maintenance of required street, utility and other physical improvements
and to ensure compliance with other conditions of final plat approval.
B.
General procedures. Before any land development or subdivision plan
is endorsed by the Permitting Authority, and before the recording
of any subdivision plat, the Permitting Authority shall review and
approve agreements for the completion of all required improvements.
Such agreements shall, at the option of the subdivider, take the form
of: 1) completion of actual construction of all improvements; 2) improvement
guarantees; or 3) a combination thereof. At the preliminary plat review
stage, the subdivider shall submit either of the following: 1) a letter
to the Permitting Authority indicating his/her intent to complete
the required improvements prior to the Permitting Authority's endorsement
of the final plat; or 2) a letter requesting that security sufficient
to cover the cost of required improvements be established by the Board,
(1)
If improvements are to be constructed without a financial guarantee, all work shall be completed prior to endorsement and recording. Inspections shall be made by the Public Works Department at all required stages of construction as specified in § A263-24 above. Written inspection reports shall be prepared by the inspector(s) and maintained by the Department of Public Works. All inspection reports shall be submitted to the Administrative Officer. An inspection fee equal to 2% of the estimated cost of construction for all public improvements as determined by Public Works Director shall be paid to the Finance Director prior to construction. Where improvements shall not be public, construction inspections by the Department of Public Works are still required for sidewalks, curbing, easement demarcations, and stormwater systems. An inspection fee equal to 2% of the estimated cost of construction of these improvements, as determined by the Public Works Director, shall be paid to the Finance Director prior to construction. All construction shall be inspected and approved by the Public Works Director under the direction of the Administrative Officer and according to the procedures in § A263-24. Upon completion of all required improvements, the Public Works Director shall notify, in writing to the Administrative Officer, of such completion, and a copy shall be provided to the subdivider upon request. The final plat shall be endorsed by the appropriate Permitting Authority member or Administrative Officer, and the plat shall be recorded as provided in § A263-40, at which time the lots within the subdivision may be transferred or sold. The applicant shall be required to post a bond in the amount of 10% of the construction estimate prior to acceptance of all required improvements by the Town. Such bond shall be held by the Town Finance Director for a period of one year to be released upon written request of the applicant following final inspection by Public Works and acceptance of the required improvements by the Town Council with the approval of the Planning Board.
[Amended 8-19-2020]
(2)
If improvements are to be guaranteed, the below-listed procedures
shall apply.
C.
Procedures for financial guarantees.
(1)
Amount. All improvement guarantees shall be of sufficient amount
to insure the actual construction and complete installation of all
of the required improvements and the satisfactory completion of all
conditions of final approval within the time periods required for
completion provided in said approval. The amount shall be based upon
actual cost estimates which would be required for the Town to complete
all improvements. These estimates shall be prepared by the Department
of Public Works and forwarded to the Administrative Officer. In the
event the subdivider disagrees with the estimated amount, he/she shall
have the opportunity to submit a revised estimate along with supporting
justification for the revisions. The Permitting Authority may set
the guarantee in a reasonable amount in excess of the estimated costs
in order to anticipate for increases in economic or construction costs.
However, the amount of such increase shall not exceed more than 20%
over the total estimated cost of improvements. At the expiration of
the final plan approval period, if all required improvements are not
complete the Permitting Authority Board shall review the status of
improvements and may: a) require the subdivider to extend the duration
of the entire improvement guarantee; b) reduce the amount of the improvement
guarantee to reflect the estimated costs of completed improvements;
or c) authorize the Administrative Officer to take the steps necessary
to ensure completion of the remaining work by using improvement guarantee
funds. If during the guarantee period the procedures, implementation
measures, methods, materials, and/or schedules of construction are
determined by the Permitting Authority not to be in compliance with
the approved plans, the Town may, after notification to the developer,
authorize the use of improvement guarantee funds to insure proper
compliance.
(2)
Required form. The security shall be in the form of a financial instrument
acceptable to the Finance Director and Town Solicitor and shall enable
the Town to gain timely access to the secured funds when necessary.
Performance and maintenance guarantees may consist of, but not be
limited to, the following forms:
(a)
Security bond. The subdivider may obtain a security bond from
a surety bonding company authorized to do business in the State of
Rhode Island.
(b)
Letter of credit. The subdivider may submit to the Town an irrevocable
letter of credit from a bank or other recognized institution that
names the Town of East Greenwich as loss payee.
(c)
Escrow account. The subdivider may deposit cash, or other instruments
readily convertible into cash at face value, either with the Town
or in escrow with a bank with the Town controlling access to same.
(3)
Releases/reductions. At the expiration of the final plan approval
period, if all required improvements are complete, any improvement
guarantee shall be returned to the subdivider. Partial releases or
reductions in the guarantee amount may also be authorized at any time
prior to the expiration of final approval. A written request for release
or reduction of any improvement guarantees shall be made to the Administrative
Officer. After inspection of all required improvements, the Administrative
Officer shall recommend that the Town Council: a) authorize the Finance
Director to return all improvement guarantees; b) reduce the guarantee
to reflect the estimated cost of completed improvements; or c) make
no release or reductions.
(4)
"As-built" plans.
(a)
Within 30 days after the completion of all public improvements,
the developer shall submit final "as-built" plans (two sets), and
an electronic copy thereof in the most current release of AutoCAD®,
which shall contain:
[1]
All of the information required on the final plan and decisions
on the proposal;
[2]
Exact locations, as installed, of all:
[a]
Sidewalks and streets.
[b]
Monuments, bounds and other survey marks.
[c]
Water, sewer, gas and drainage pipes and easements.
[d]
Other underground utilities, if any, and the location
of all aboveground fixtures.
[e]
Any other public improvements.
[f]
Open space areas, recreation sites or reserved
areas.
(b)
The cost of preparing the as-built plans required by this section
shall be included in the bond amounts.
(5)
Phased subdivisions. For subdivisions which are approved and constructed
in phases, the Permitting Authority shall specify improvement guarantees
related to each particular phase. If any off-site improvements or
other improvements or conditions which are not directly related to
a particular phase are required as a condition of approval, the Authority
shall, in setting the guarantee amount for each phase, clearly specify
when and where guarantees are to be provided.
(6)
Maintenance guarantees. The Permitting Authority may also require
that a maintenance guarantee be provided by the subdivider for all
improvements which are being dedicated to the Town. The amount of
the maintenance guarantee shall be 5% of the original performance
bond or other original guarantee amount. Absent such a guarantee,
5% of the total estimated cost of all required improvements shall
be required. The initial period for such maintenance guarantee shall
be one year. At the end of the one-year maintenance period, the Director
of Public Works shall inspect all improvements subject to the guarantee
and shall certify in writing to the Administrative Officer as to their
condition. If found to be unacceptable, the Administrative Officer
shall recommend an extension of the guarantee period to the Finance
Director, and the original funds shall not be returned to the subdivider.
If public improvements are in good condition and have not been damaged
due to the fault of the subdivider, or through faulty workmanship
or design, the maintenance guarantee shall be returned to the subdivider.
In cases where it is determined there are extenuating circumstances,
the maintenance period may be established for a period longer than
one year. The rationale for establishing a longer maintenance period
and the nature of the circumstances requiring same shall be made a
part of the record.
(7)
Acceptance of improvements.
(a)
Upon completion of all required improvements, the subdivider
shall convey all public improvements to the Town for ownership and
maintenance. Before conveyance, the applicant shall first request
the Department of Public Works to conduct a final inspection of all
improvements. The Director of Public Works shall certify to the Administrative
Officer, in writing, that all required improvements have been satisfactorily
completed.
(b)
The applicant shall also request, in writing to the Administrative
Officer, that public improvements, streets, land easements or other
facilities be accepted by the Town.
(c)
This request shall contain a description of all facilities to
be accepted and shall be accompanied by an accurate description of
all streets, easements, land or other facilities by metes and bounds
and by reference to the final plat drawing(s) and by a warranty deed
transferring ownership to the Town and describing any special conditions
or other requirements.
(d)
Upon certification of completion of all required improvements,
and upon receipt of all required information from the applicant, the
Administrative Officer shall place the request for acceptance upon
the next available agenda of the Town Council. In such recommendation
for acceptance by the Town Council, the Administrative Officer shall
also recommend an amount for a maintenance bond in accordance with
these regulations and shall recommend to the Town Council that no
public improvements or facilities be accepted for ownership and maintenance
until the maintenance bond has been submitted as required above.
(e)
Upon their acceptance by the Town Council, all improvements
shall be permanently owned and maintained by the Town as part of the
municipal system, and the subdivider shall be no longer responsible
for the repair or maintenance of these improvements.
(f)
Private streets and other private improvements shall not be
conveyed to the Town.
A.
Subdivider must provide open space. The Permitting Authority shall
require all land developments and subdivisions subject to the provisions
of these regulations to dedicate a portion of the land being subdivided
for the purpose of providing open space, conservation, park and recreational
facilities to serve present and future residents. The Permitting Authority
may, at its discretion, require the payment of a fee in lieu of land
dedication or a combination of land dedication and payment of a fee
as an alternative to the dedication of land.
B.
Relationship to EGORP. The requirement for dedication of land for
open space, conservation, park and recreation facilities shall be
based upon the policies and standards set forth in the East Greenwich
Open Space and Recreation Plan (EGORP) and shall reflect the character
defined for the neighborhood or district in which the subdivision
is located. The land dedication must be suitable for the intended
use. Land dedications proposed for park and recreation land shall
be entirely usable land, not containing any land that is constrained
for its intended use for development. If payments in lieu of land
dedication are required, they shall be kept in a restricted account
and shall only be spent for the intended purpose of providing open
space, conservation, park and recreational facilities.
C.
Amount of land to be dedicated. Conveyances of land for recreational
impact shall be in an amount that will be suitable to the intended
use of same. As a general guide, such conveyances shall be minimally
at the ratio of one acre for each 20 lots for all zones requiring
minimum lot sizes of one acre or less or two acres for subdivisions
in all other zones. For subdivision of less than 20 lots, the Permitting
Authority requirements for recreation impact shall be tailored to
the circumstances and location of the proposal. In general, if a parcel
that is suitable and useful for recreational purposes cannot be accommodated,
a fee in lieu of land donation shall be preferred. In addition the
nature, location and amount of land to be conveyed must be satisfactory
to the Permitting Authority and determined appropriate by the Town
Manager for the proposed use.
E.
Condition of land. The Permitting Authority in requiring the donation
of land for recreational purposes may also require that such land
be cleared and rough-graded by the developer. In addition, the installation
by the developer of signage denoting the intended future use of the
land may be a condition of approval.
F.
Fees in lieu of land dedication. Where a fee is required by the Permitting Authority to be paid in lieu of land dedication, the amount of such fee shall be based upon the Code of Ordinances Chapter 93, Article II, Development Impact Fees. The determination to require a fee in lieu of land donation shall rest entirely with the Permitting Authority.
A.
When a major land development or major subdivision is submitted for
master plan approval, the Permitting Authority shall review the existence
and adequacy of existing and proposed improvements, services and facilities
which may be affected by the proposed development. If the Permitting
Authority determines that such improvements, services, infrastructure
and facilities will not be adequate to serve the residents of the
subdivision or development at the time of recording of the plat, the
Permitting Authority shall have the authority to establish a rate
of development of the entire subdivision by requiring it to be built
in phases and/or placing limits on the issuance of building permits
over a specified time period, thereby relating the rate of development
to the ability of the Town to provide the required services to the
residents of the subdivision or development.
B.
For all master plan approval applications, the applicant shall submit
a copy of the master plan narrative report for review and comment
to all relevant Town and other agencies and relevant utilities. Each
agency notified by the applicant shall be requested to provide its
comments on the application by the Administrative Officer. All comments
shall be received from each agency prior to the date of the informational
meeting. If the public informational meeting on the master plan and
the public hearing on the preliminary plan are combined, all comments
from reviewing agencies shall be received prior to the date of the
public hearing.
C.
Each department, agency or utility to which such a request for comments
is made shall provide to the Administrative Officer written comments
and any supplementary material requested which describes:
(1)
An estimate of the impact of the subdivision on the facilities and/or
services provided by the department or agency;
(2)
A determination as to the adequacy of existing facilities and/or
services relative to the anticipated subdivision's residents;
(3)
A discussion as to whether plans for the required improvements to
existing facilities and/or services are included in the department
or agency's capital improvement program;
(4)
A time line for provision of such improvements to existing facilities
and/or services.
D.
Upon consideration of the responses received from the various departments
and agencies, the Permitting Authority shall establish, at the time
of master plan approval, a rate of development of the entire subdivision
or development that will permit residential construction only when
improvements, services and facilities will be adequate to serve the
residents of the subdivision or development. As part of such growth
rate plan, the Permitting Authority may require that improvements
be installed or lots sold in two or more phases.
E.
If phasing is required, the Permitting Authority shall approve the
entire master plan first. Thereafter, the applicant shall be required
to submit plans for preliminary and/or final review and/or approval
indicating the development of the entire site in two or more phases
as required above. In such review and approval, the Authority may,
in its discretion, impose conditions for determining the physical
limits of phases, for allowing progression to additional phases, for
allowing two or more phases to proceed in review or construction simultaneously,
for interim public improvements or construction conditions, for changes
to master or preliminary plans, and may include other provisions as
needed, including the applicant actually providing the necessary improvements
or payment to a dedicated restricted account in lieu of actual provision.
F.
The master plan documents shall contain information on the physical
limits of the phases, the schedule and sequence of public improvement
installation, improvement guarantees, and the work and completion
schedules for approvals and construction of the phases.
G.
Vesting of phased projects. The master plan shall remain vested as
long as it can be demonstrated, to the satisfaction of the Permitting
Authority, that work is proceeding on either the approval stages or
on the construction of the development as shown in the approved master
plan documents. Vesting shall extend to all information contained
in the approved master plan and related documents.
A.
The Permitting Authority, as authorized by the enabling statute and
Town Charter, shall adopt, amend or repeal and provide for the administration,
interpretation, and enforcement of land development and subdivision
review regulations.
[Amended 12-9-2015]
A.
These regulations shall not be adopted, repealed or amended until
after a public hearing has been held relative to same by the Permitting
Authority. The Authority shall first give notice of the public hearing
by publication of notice in a newspaper of general circulation within
the municipality at least once each week for three successive weeks
prior to the date of the hearing, which may include the week in which
the hearing is to be held. At this hearing, opportunity shall be given
to all persons interested to be heard upon the matter of the proposed
regulations. Written notice, which may be a copy of the newspaper
notice, shall be mailed to the Associate Director of the Division
of Planning of the Rhode Island Department of Administration at least
two weeks prior to the hearing. Advertising shall be conducted by
the Town Clerk upon written request of the Administrative Officer.
The newspaper notice shall be published as a display advertisement,
using a type size at least as large as the normal type size used by
the newspaper in its news articles, and shall:
(1)
Specify the place of said hearing and the date and time of its commencement;
(2)
Indicate that adoption, amendment or repeal of local regulations
is under consideration;
(3)
Contain a statement of the proposed amendments to the regulations
that may be printed once in its entirety or which may summarize or
describe the matter under consideration as long as the intent and
effect of the proposed regulation is expressly written in that notice;
(4)
Advise those interested where and when a copy of the matter under
consideration may be obtained or examined and copied; and
(5)
State that the proposals shown thereon may be altered or amended
prior to the close of the public hearing without further advertising
as a result of further study or because of the views expressed at
the public hearing. Any such alteration or amendment must be presented
for comment in the course of said hearing.
B.
Notice of the public hearing shall be sent by first-class mail to
the city or town planning board of any municipality where there is
a public or quasi-public water source or private water source that
is used or is suitable for use as a public water source located within
2,000 feet of the East Greenwich municipal boundaries.
C.
Notice of a public hearing shall be sent to the governing body of
any state or municipal water department or agency, special water district,
or private water company that has riparian rights to a surface water
resource and/or surface watershed that is used or is suitable for
use as a public water source located within either the municipality
or within 2,000 feet of the East Greenwich municipal boundaries; provided,
however, that a map survey has been filed with the Building Official
as specified in R.I.G.L. § 45-24-53(e).
D.
Notwithstanding any of the requirements set forth in Subsections A through C above, each municipality shall establish and maintain a public notice registry allowing any person or entity to register for electronic notice of any changes to the local regulations. Municipalities shall annually provide public notice of existence of said registry by publication of notice in a newspaper of general circulation within the municipality. In addition, each municipality is hereby encouraged to provide public notice of the existence of the public notice registry in all of its current and future communications with the public, including, but not limited to, governmental websites, electronic newsletters, public bulletins, press releases, and all other means the municipality may use to impart information to the local community.
(1)
Provided, however, notice pursuant to a public notice registry
as per this section does not alone qualify a person or entity on the
public notice registry as an "aggrieved party" under R.I.G.L. § 45-24-31(4).
E.
No defect in the form of any notice under this section shall render
any regulations invalid, unless such defect is found to be intentional
or misleading.
F.
The above requirements are to be construed as minimum requirements.
A.
Printed copies of these regulations shall be available to the general
public and shall be revised to include all amendments. Any appendixes
shall also be available. Costs for such copies shall be established
by the Town Council.
B.
Upon publication of these regulations and/or amendments to same,
the Town Clerk shall send a copy to the Rhode Island Department of
Administration's statewide planning program and to the State Law Library.
[Amended 12-9-2015]
A.
Administration. Administration of these Subdivision and Land Development
Regulations shall be under the direction of the Administrative Officer.
The Town Planner is hereby designated as the Administrative Officer.
B.
Duties and responsibilities. In addition to the duties in R.I.G.L.
§ 45-23-55, the duties and responsibilities of the Administrative
Officer shall include, but not be limited to, the following:
[Amended 12-9-2015]
(1)
General coordination of the review, approval, recording and enforcement
of the provisions of these regulations, including coordinating the
enforcement efforts of the Zoning Enforcement Officer, the Building
Official, the Planning Department staff, the Department of Public
Works, the Town Engineer, and other local officials responsible for
the enforcement or carrying out of the discrete elements of the regulations.
(2)
Coordination of the review and approval procedures for subdivisions
and land development projects with adjacent municipalities as is necessary
to be consistent with applicable federal, state and local laws as
directed by the Permitting Authority.
The Town Zoning Board of Review shall serve as the Board of
Appeal to hear appeals of decisions of the Permitting Authority or
the Administrative Officer on matters of review and approval of land
development and subdivision projects.
[Amended 8-19-2020]
A.
The Planning Board shall set reasonable fees, in an amount not to
exceed actual costs incurred, to be paid by the applicant for the
review and hearing of applications, issuance of permits and recording
of decisions. These fees, payable to the Town of East Greenwich, shall
be due and payable at the stages established in these regulations
and shall pertain to all subdivisions of land and development projects,
as follows:
(1)
For subdivisions of land: Fees listed at each stage below shall be
computed to include the land covered by the subdivision proposal,
including all streets, easements, and common areas but excluding land
to be conveyed to the Town as permanent open space or recreation land.
(a)
Preapplication conference review fee: $300 plus $15 for each acre
or fraction thereof.
(b)
Master plan review fee: $400, plus $20 for each acre or fraction
thereof. The applicant shall also bear the costs associated with abutter
notification and advertising for the master plan public informational
meeting.
(c)
Preliminary plan review fee: $500, plus $25 for each acre or fraction
thereof. The applicant shall also bear the costs associated with abutter
notification and advertising for the preliminary plan public hearing.
(d)
Final plan review fee: $300, plus $15 for each acre or fraction thereof.
(e)
Combined master and preliminary plan review fee, if approved by the
permitting authority at the pre-application stage: $900, plus $45
per acre or fraction thereof. The applicant shall also bear the costs
associated with abutter notification and advertising for the preliminary
plan public hearing.
(f)
Combined preliminary and final plan review fee: $800, plus $40 per
acre or fraction thereof. The applicant shall also bear the costs
associated with abutter notification and advertising for the preliminary
plan public hearing.
(g)
Administrative subdivision fee: $125.
(2)
For land development projects: Fees listed at each stage below shall
be computed on the basis of either new dwelling units being created
or square feet of new commercial, industrial, institutional or educational
space. Mixed-use project fees shall be aggregated.
(a)
Preapplication conference review fee: $300 plus $15 per dwelling
unit or per 1,000 square feet of nonresidential space.
(b)
Master plan review fee: $400, plus $20 per dwelling unit or per 1,000
square feet of nonresidential space. The applicant shall also bear
the costs associated with abutter notification and advertising for
the master plan public informational meeting.
(c)
Preliminary plan review fee: $500, plus $25 per dwelling unit or
per 1,000 square feet of nonresidential space. The applicant shall
also bear the costs associated with abutter notification and advertising
for the preliminary plan public hearing.
(d)
Final plan review fee: $300, plus $15 per dwelling unit or per 1,000
square feet of nonresidential space.
(e)
Combined master and preliminary plan review fee, if approved by the
permitting authority at the pre-application stage: $900, plus $45
per dwelling unit or per 1,000 square feet of nonresidential space.
The applicant shall also bear the costs associated with abutter notification
and advertising for the preliminary plan public hearing.
(f)
Combined preliminary and final plan review fee: $800, plus $40 per
dwelling unit or per 1,000 square feet of nonresidential space. The
applicant shall also bear the costs associated with abutter notification
and advertising for the preliminary plan public hearing.
(3)
For any request for an extension, minor amendment or reinstatement
of an approved plan: $100.
(4)
For any major amendment to an approved plan, the project reverts,
per § 263-41 of these regulations, to the preliminary level
of review and all relevant fees apply.
(5)
All fees shall be submitted in the form of a check payable to the
Town of East Greenwich at the time application is made
(6)
Peer review. To protect the public health, safety and welfare,
the Planning Board may require peer review of expert witness reports
and testimony on behalf of applicants. A list of peers and their fees
shall be maintained by the Town for selection by the Town, and the
cost of peer review shall be borne by the applicant. All costs associated
with peer review shall be paid in full before Planning Board approvals
are recorded in the land evidence records. The Town reserves the right
to place a lien on the subject property for any fees not paid in full.
A.
Any person or corporation or other entity that fails or refuses to
adhere to the terms and conditions of these regulations or plans that
have been approved by the Permitting Authority or the Administrative
Officer shall be in violation of these same.
B.
Violation of this chapter shall include any action related to the
transfer or sale of land in unapproved subdivisions. Any owner, or
agent of the owner, who transfers, sells or negotiates to sell any
land by reference to or exhibition of, or by other use, a plat of
the subdivision before the plat has been approved and recorded in
the municipal land evidence records shall be in violation of these
regulations and subject to the penalties described herein.
C.
Any person who, having submitted an application for subdivision or
development approval, begins construction of the subdivision or development,
or constructs any structure or improvement on the parcel, without
having first received approval from the Permitting Authority or the
Administrative Officer, shall be in violation of these regulations.
D.
The penalty for violation shall reasonably relate to the seriousness
of the offense and shall not exceed $500 for each violation, and each
day of existence of any violation shall be deemed to be a separate
offense. Any such fine shall inure to the Town.
E.
The Town may also cause suit to be brought in the Kent County Superior
Court or Municipal Court to restrain the violation of, or to compel
compliance with, the provisions of these regulations. The Town may
consolidate an action for injunctive relief and/or fines under this
chapter in Kent County Superior Court or Municipal Court.
A.
Town Council. Where an applicant requires both subdivision approval
and Council approval for a Zoning Ordinance or Zoning Map change,
the applicant shall first obtain an advisory recommendation on the
zoning change from the Planning Board. The Planning Board's advisory
opinion shall be based upon the review of a submitted master plan
that shall be the basis for the request for the change of zone. A
zone change hearing for the requested zoning amendment shall follow.
The applicant shall then return to the Permitting Authority for subsequent
required approval(s).
B.
Zoning Board of Review.
(1)
Where an applicant requires both a variance from the Zoning Ordinance
and subdivision approval, the applicant shall first obtain an advisory
recommendation from the Permitting Authority, as well as conditional
Authority approval for the first approval stage for the proposed project,
which may be granted concurrently, then obtain conditional Zoning
Board relief, and then return to the Permitting Authority for subsequent
required approvals.
(2)
Where an applicant requires both a special use permit under the local
Zoning Ordinance and Permitting Authority approval, the applicant
shall first obtain an advisory recommendation from the Permitting
Authority, as well as conditional Permitting Authority approval for
the first approval stage for the proposed project, which may be granted
concurrently, then obtain a conditional special use permit from the
Zoning Board, and then return to the Permitting Authority for subsequent
required approval(s).
A.
Waiver and/or modification of requirements. The Permitting Authority
shall have the power to grant such waivers and/or modifications from
the requirements of the land development and subdivision approval
process as may be reasonable and within the general purpose and intent
of the provisions of these regulations. Such waivers and/or modifications
shall only be permitted where the literal enforcement of one or more
provisions of the regulations is impracticable and will exact undue
hardship because of peculiar conditions pertaining to the land in
question or where such waiver and/or modification is in the best interest
of good planning practice and/or design as evidenced by consistency
with the East Greenwich Comprehensive Community Plan and the Zoning
Ordinance.
B.
Reinstatement of applications.
(1)
When an applicant has exceeded a deadline established by these regulations
for submission of material for subdivision or land development, thereby
rendering a previously granted approval invalid, the application may
be reinstated by the Permitting Authority under the following conditions:
(a)
The subdivision is consistent with the Comprehensive Community
Plan;
(b)
The regulations pertinent to the specific proposal are substantially
the same as they were at the time of the original approval and that
any changes thereto would not have affected the previously granted
approval;
(c)
The zoning of the subdivision parcel is unchanged from what
it was at the time of original approval;
(d)
Physical conditions on the subdivision parcel are substantially
the same as they were at the time of original approval; and
(e)
Applicable state or federal regulations are substantially the
same as they were at the time of original approval.
(2)
Application for reinstatement of a previously approved subdivision
shall be made in writing to the Permitting Authority by the applicant.
The Permitting Authority, in approving or denying the request for
an extension, shall make findings of fact, which shall be made part
of the record.
C.
(Reserved)
D.
Decisions on waivers and modifications. The Permitting Authority
shall approve, approve with conditions, or deny a request for a waiver
or modification by the following procedure:
(1)
The Permitting Authority's decision shall be made within 45 days
of the date the request for waiver or modification was first considered
by the Permitting Authority, unless the applicant waives that deadline.
A.
All records of the Permitting Authority's proceedings and decisions
shall be written and kept permanently available for public review.
Completed applications for proposed projects under review by the Permitting
Authority shall also be available for public review.
B.
Participation in a Permitting Authority meeting or other proceedings
by any party shall not be a cause for civil action or liability except
for acts not in good faith, intentional misconduct, knowing violation
of law, transactions where there is an improper personal benefit,
or malicious, wanton or willful misconduct.
C.
All final written comments to the Permitting Authority from the Administrative
Officer, municipal departments, the Technical Review Committee, state
and federal agencies and local commissions shall be part of the permanent
record of the development application.
D.
Votes. All votes of the Permitting Authority shall be made part of
the permanent record and shall show the members present and their
votes. A decision by the Permitting Authority to approve any land
development or subdivision application shall require a vote for approval
by a majority of the current Permitting Authority membership.
E.
All written decisions of the Permitting Authority shall be recorded
in the land evidence records within 35 days after the Permitting Authority
vote. A copy of the recorded decision shall be mailed within one business
day of recording, by any method that provides confirmation of receipt,
to the applicant and to any objector who has filed a written request
for notice with the Administrative Officer.
[Amended 12-9-2015]
A.
All approved final plans and plats for land development and subdivision
projects shall be signed by the appropriate Permitting Board official,
as authorized, with the date of approval. Plans and plats for major
land developments and subdivisions shall be signed by the Chairperson
or Vice Chair of the Permitting Authority attesting to the approval.
All minor land development or subdivision plans and plats and administrative
plats shall be signed by the Chairperson or other designated member.
B.
Upon signature, all plans and plats shall be submitted to the Administrative
Officer prior to recording and filing in the appropriate municipal
departments. The material to be recorded for all plans and plats shall
include all pertinent plans with plan notes concerning all the essential
aspects of the approved project design, the implementation schedule,
special conditions placed on the development by the Town, permits
and agreements with state and federal reviewing agencies, and other
information as required by the Permitting Authority. The final approved
and signed plat shall be affixed on a plat card in a manner approved
by the Town Clerk.
C.
Other parts of the application's record for subdivisions and land
development projects, including all meeting records, approved master
plan and preliminary plans, site analyses, impact analyses, all legal
agreements, records of the public hearing and the entire final approved
set of drawings, shall be kept permanently by the municipal departments
responsible for implementation and enforcement, including the Planning
Department, Department of Public Works and Building Official. In addition,
the Town Clerk's office shall maintain a complete copy of the record.
D.
Construction drawings need not be recorded. However, a complete blue-line or photo copy set of construction drawings, including street plans and profiles, cross sections, grading plans, drainage plans, landscaping plans, soil erosion and sediment control plans, utility plans and any other construction plans, details and specifications required as a condition of approval shall be submitted to the Administrative Officer, who shall forward same to the Town Clerk for filing prior to the subdivider recording the plat. Additional copies of all construction drawings shall be kept by the Department of Public Works, the Administrative Officer and any other Town departments as required in Subsection C above.
E.
The Administrative Officer shall notify the statewide "911" emergency
authority and the East Greenwich Police and East Greenwich Fire Department
of the recording of the new plat and provide such information as required
by each of the entities.
[Amended 12-9-2015]
A.
For all changes to the approved plans of land development projects or subdivisions subject to this chapter, an amendment of the final development plans is required prior to the issuance of any building permits. Any changes approved in the final plan shall be recorded as amendments to the final plan in accordance with the procedure established for recording of plats in § A263-40.
B.
Minor changes.
(1)
Minor changes, as defined below, to a land development or subdivision
plan may be approved administratively by the Administrative Officer,
whereupon a permit may be issued. Such changes may be authorized without
additional public hearings, at the discretion of the Administrative
Officer. All such changes shall be made part of the permanent record
of the project application. This provision shall not prohibit the
Administrative Officer from requesting a recommendation from either
the Technical Review Committee or the Permitting Authority. Denial
of the proposed change(s) shall be referred to the Permitting Authority
for review as a major change.
(2)
For the purpose of this section, the term "minor changes" shall mean
any change which, in the opinion of the Administrative Officer, is
consistent with the intent of the original approval. Such minor changes
shall include, but are not necessarily limited to, the following:
(a)
Amendments or changes to utility plans which are in accord with
Town of East Greenwich specifications and approved by the appropriate
utility company.
(b)
Lot line revisions, which can be reviewed and approved as an administrative subdivision according to the provisions of § A263-12.
(c)
Amendments or changes to grading plans or drainage plans which
are consistent with good and accepted engineering practices and relevant
Town and state standards which do not require state or federal reviewing
authorities.
(d)
As approved by the Administrative Officer, amendments or changes
to construction plans which are required because of unforeseen physical
conditions on the parcel being subdivided and which are consistent
with good engineering practice and Town and state standards. Modifications
to any construction plans which are consistent with good and acceptable
industry practices and Town and state standards.
(e)
Modifications which are required by outside permitting agencies,
such as but not limited to the Department of Environmental Management
and the Department of Transportation.
C.
Major changes.
(1)
Major changes to a land development or subdivision plan may be approved only by the Permitting Authority. The procedure for approval of any such major change shall follow the same review and public hearing process as required for preliminary approval to a major land development and major subdivision as provided in § A263-18.
(2)
For the purpose of these regulations, the term "major changes" shall
mean changes which, in the opinion of the Administrative Officer,
are contrary to or beyond the scope of the intent of and/or the reasoning
behind the original approval. Examples of major changes shall include,
but are not necessarily limited to, the following:
[Amended 11-6-2013]
(a)
Changes which would have the effect of creating additional lots
or dwelling units for development;
(b)
Changes which would be contrary to any applicable provision
of the Zoning Ordinance or which require a variance or special use
permit from the Zoning Board of Review;
(c)
Changes which may have significant adverse impacts on abutting
property or property in the vicinity of the proposed subdivision or
land development project by affecting such things as traffic counts,
patterns, or peak hours; by increasing the density of population residing
in the development or the number of visitors to the site; by significantly
expanding the hours of operation; by reducing any buffer areas or
other protections to abutting properties; or other such changes;
(d)
Changes which may have a significant adverse impact on any public
service, utility or road.
D.
Rescission procedure. The Planning Board, only upon application by all landowners of the plat to be affected, may determine that the application for plat rescission is not consistent with the Comprehensive Community Plan and is not in compliance with the standards and provision of the municipality's Zoning Ordinance and/or land development and subdivision review regulations and shall hold a public hearing which adheres to the requirements for notice established by § 45-23-42 of the General Laws of Rhode Island. The Planning Board shall approve, approve with conditions or modifications, or deny the application for rescission of the plat. If it is necessary to abandon any street covered under Chapter 6, Title 24, the Planning Board shall submit to the Town Council the documents necessary for the abandonment process. Once the required process for rescission or for rescission and abandonment has been completed, the revised plat shall be signed and recorded as required by these regulations.
A.
An appeal from any decision of the Permitting Authority or Administrative
Officer charged in the regulations with enforcement of any provisions,
except as provided herein, may be taken to the Board of Appeal by
an aggrieved party. Appeals from a decision granting or denying approval
of a final plan shall be limited to elements of such approval or disapproval
contained in the decision reached by the Planning Board at the preliminary
stage, provided that a public hearing has been held on the plan.
B.
An appeal from a decision of the Board of Appeal (Zoning Board of
Review) may be taken by an aggrieved party to the Kent County Superior
Court.
A.
An appeal to the Board of Appeal from a decision or action of the Permitting Authority or Administrative Officer may be taken by an aggrieved party to the extent provided in § A263-42. Such appeal must be taken within 20 days after the decision has been filed and posted in the office of the Town Clerk.
B.
The appeal shall be in writing and shall clearly state the issue
or decision which is being appealed, the reason for the appeal, and
the form of relief sought. At the time of filing, the appellant from
any decision of the Planning Board, the Zoning Official or the Administrative
Officer shall file a statement of the law and the facts on which it
relies to claim: 1) prejudicial procedural error; and/or 2) clear
error; and/or 3) lack of support by the weight of the evidence in
the record, together with 12 copies thereof. Failure to file the statement
shall be cause for the Zoning Board of Review to continue the hearing
until such statement is filed in a timely manner. Applications must
be received by the Planning Department not later than the 15th of
the month to be advertised and docketed for the Board of Appeal's
next meeting on the fourth Tuesday of the following month. The Planning
Board shall receive a copy of the appeal prior to the hearing by the
Board of Appeal. Comments on the appeal by the Planning Board, if
any, shall be directed to the Town Solicitor. There shall be paid
with the filing of the appeal the cost, as determined by the Administrative
Officer, for the copying of the record to be transmitted to the Board
of Appeal. The appeal shall either be sent by certified mail, with
a return receipt requested, or shall be hand-delivered to the Board
of Appeal. The Town Clerk shall accept delivery of an appeal on behalf
of the Board of Appeal.
C.
Upon receipt of an appeal, the Board of Appeal shall require the
Permitting Authority or Administrative Officer to transmit forthwith
to the Board of Appeal all papers, documents and plans, or a certified
copy thereof, constituting the record of the action which is being
appealed.
An appeal shall stay all proceedings in furtherance of the action
being appealed.
A.
The Board of Appeal shall hold a public hearing on the appeal within
45 days of the receipt of the appeal, giving public notice thereof
as well as due notice to the parties of interest. At the hearing,
any party may appear in person or may be represented by an agent or
attorney. The Board shall render a decision within 10 days of the
close of the public hearing. The cost of any notice required for the
hearing shall be borne by the appellant.
B.
The Board of Appeal shall only hear appeals of the actions of the
Permitting Authority or Administrative Officer at a meeting called
especially for the purpose of hearing such appeals and which has been
so advertised.
C.
The hearing may be held on the same date and at the same place as
a meeting of the Zoning Board of Review. However, it must be conducted
as a separate meeting apart from regular Zoning Board of Review business.
Separate minutes and records of votes on the appeal shall be maintained
by the Board of Appeal.
A.
In instances of a Board of Appeal's review of a Permitting Authority
or Administrative Officer's decision on matters subject to these regulations,
the Board of Appeal shall not substitute its own judgment for that
of the Permitting Authority or the Administrative Officer, but must
consider the issue upon the findings and record of the Permitting
Authority or Administrative Officer. The Board of Appeal shall not
reverse a decision of the Permitting Authority or Administrative Officer
except on a finding of prejudicial procedural error, clear error or
lack of support by the weight of the evidence in the record.
B.
The concurring vote of three of the five members of the Board of
Appeal sitting at a hearing shall be necessary to reverse any decision
of the Permitting Authority or Administrative Officer.
C.
In the instance where the Board of Appeal overturns a decision of
the Permitting Authority or Administrative Officer, the proposed project
application shall be returned to the Permitting Authority or Administrative
Officer at the stage of processing from which the appeal was taken
for further proceedings before the Permitting Authority or Administrative
Officer for the final disposition. The application's disposition shall
be consistent with the Board of Appeal's decision.
D.
The Board of Appeal shall keep complete records of all proceedings,
including a record of all votes taken, and shall place on file all
decisions on appeals in writing. The Board of Appeal shall include
in the written record the reasons for each decision.
A.
An aggrieved party may appeal a decision of the Board of Appeal to
the Kent County Superior Court by filing a complaint setting forth
the reasons of appeal within 20 days after the decision has been recorded
and posted in the office of the Town Clerk. The Board of Appeal shall
file the original documents acted upon by it and constituting the
record of the case appealed from, or certified copies thereof, together
with such other facts as may be pertinent, with the Clerk of the Court
within 30 days after being served with a copy of the complaint. When
the complaint is filed by someone other than the original applicant
or appellant, such original applicant or appellant and the membership
of the Permitting Authority shall be made parties to the proceedings.
The appeal shall not stay proceedings upon the decision appealed from,
but the Court may, in its discretion, grant a stay on appropriate
terms and make such other orders as it deems necessary for an equitable
disposition of the appeal.
B.
The review shall be conducted by the Superior Court without a jury.
The Court shall review the record of the hearing before the Permitting
Authority and, if it shall appear to the Court that additional evidence
is necessary for the proper disposition of the matter, it may allow
any party to such appeal to present such evidence in open court, which
evidence, along with the report, shall constitute the record upon
which the determination of the Court shall be made.
C.
The Court shall not substitute its judgment for that of the Permitting
Authority as to the weight of the evidence on questions of fact. The
Court may affirm the decision of the Board of Appeal or remand the
case for further proceedings or may reverse or modify the decision
if substantial rights of the appellant have been prejudiced because
of findings, inferences, conclusions or decisions which are:
(1)
In violation of constitutional, statutory, ordinance or Permitting
Authority regulations or other provisions;
(2)
In excess of the authority granted to the Permitting Authority by
statute or ordinance;
(3)
Made upon unlawful procedure;
(4)
Affected by other error of law;
(5)
Clearly erroneous in view of the reliable, probative and substantial
evidence of the whole record; or
(6)
Arbitrary or capricious or characterized by abuse of discretion or
clearly unwarranted exercise of discretion.
A.
An appeal of an enactment of or an amendment of these East Greenwich
Land Development and Subdivision Regulations may be taken to the Kent
County Superior Court by filing a complaint, as set forth herein,
within 30 days after such enactment or amendment has become effective.
The appeal may be taken by any legal resident or landowner of the
Town or by any association of residents or landowners of the Town.
The appeal shall not stay the enforcement of the local regulations,
as enacted or amended, but the Court may, in its discretion, grant
a stay on appropriate terms, which may include the filing of a bond,
and make such other orders as it deems necessary for an equitable
disposition of the appeal.
B.
The complaint shall set forth with specificity the area or areas
in which the enactment or amendment is not consistent with the Comprehensive
Planning Act, Chapter 22.2 of Title 45 of the General Laws; the Zoning
Enabling Act of 1991, R.I.G.L. § 45-24-27 et seq.; the East
Greenwich Comprehensive Community Plan, or the East Greenwich Zoning
Ordinance.
C.
The review shall be conducted by the Court without a jury. The Court
shall consider whether the enactment or amendment of the local regulations
is consistent with the Comprehensive Planning Act, Chapter 22.2 of
Title 45 of the General Laws; the Zoning Enabling Act of 1991, R.I.G.L.
§ 45-24-27 et seq.; the East Greenwich Comprehensive Community
Plan, or the East Greenwich Zoning Ordinance. If the enactment or
amendment is not consistent, then the Court shall invalidate the enactment
or the amendment, or those parts of such enactment or amendment which
are not consistent. The Court shall not revise the regulations to
be consistent but may suggest appropriate language as part of the
Court decision.
D.
The Court may, in its discretion, upon motion of the parties or on
its own motion, award reasonable attorneys' fees to any party to an
appeal, as set forth herein, including a municipality.
Upon the entry of any case or proceeding brought under the provisions
of this chapter, including pending appeals and appeals hereinafter
taken to the Court, the Court shall, at the request of either party,
advance the case, so that the matter shall be afforded precedence
on the calendar and shall thereupon be heard and determined with as
little delay as possible.
A.
If any provision of this chapter or of any rule, regulation or determination
made thereunder, or the application thereof to any person, agency
or circumstances, is held invalid by a court of competent jurisdiction,
the remainder of the chapter, rule, regulation or determination and
the application of such provisions to other persons, agencies or circumstances
shall not be affected thereby. The invalidity of any section or sections
of this chapter shall not affect the validity of the remainder of
the chapter.
B.
Applicability of prior subdivision regulations. Subdivisions and
land developments which were submitted to the Permitting Authority
for approval under the provisions of these regulations in effect prior
to the date of passage of these regulations (August 16, 1999) may
be continued to be reviewed by the Platting and Subdivision Board
and approved under said prior regulations in accordance with the following;
(1)
Final approvals. Any subdivider who at the time of adoption of these
regulations has received final approval or final approval with conditions
from the Permitting Authority may initiate or construct any part of
the development or record said plans in accordance with the subdivision
regulations in effect at the time final approval was granted.
(2)
Preliminary approvals. Any subdivision which at the time of adoption
of these regulations has received approval from the Permitting Authority
may continue to be reviewed in accordance with the subdivision regulations
in effect at the time preliminary approval was granted, provided that
the final plat must be approved and recorded within one year from
the date of preliminary approval unless an extension of time is granted
by the Planning Board for good cause shown.
(3)
Other. Any subdivision which at the time of adoption of these regulations
has not received final or preliminary approval or has been reviewed
by the Permitting Authority for preliminary review but no approval
therefor has been granted, or which has received only preapplication
approval, and any division of land which has not received final approval
shall be reviewed under the terms of these regulations.
C.
The Permitting Authority shall determine which regulations apply
for subdivisions submitted for approval prior to the date of passage
of these regulations (August 16, 1999). Appeals from a decision regarding
the application status and applicable regulation shall be made to
the Zoning Board of Review as herein provided.
