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.
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.
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:
ADMINISTRATIVE OFFICER
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.
ADMINISTRATIVE SUBDIVISION
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.
BICYCLE PATH
A pathway, usually separated from the roadway, designed specifically
to satisfy the requirements of bicycling.
BOARD OF APPEAL
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.
BOND
See "improvement guarantee."
BUILDABLE LOT
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.
CAPPED SYSTEM
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.
CERTIFICATE OF COMPLETENESS
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.
CLUSTER DEVELOPMENT
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.)
CONCEPT PLAN
A drawing with accompanying information showing the basic
elements of a proposed land development plan or subdivision as used
for preapplication meetings and initial process discussions and classification
of the project within the approval process.
CONSISTENCY WITH THE COMPREHENSIVE PLAN
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).
DEDICATION, FEE IN LIEU OF
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]
DEVELOPMENT REGULATION
Zoning, subdivision, land development plan, development plan
review, historic district, Official Map, floodplain regulation, soil
erosion control or any other governmental regulation of the use and
development of land.
ENVIRONMENTAL CONSTRAINTS
Natural features, resources or land characteristics that
are sensitive to change and may require conservation measures or the
application of special development techniques to prevent degradation
of the site, or may require limited development or, in certain instances,
may preclude development. See also "physical constraints to development."
FINAL PLAN
The final stage of the land development and subdivision review process. See §
A263-21.
FINAL PLAT
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.
IMPROVEMENT
Any natural or built item which becomes part of, is placed
upon, or is affixed to real estate.
IMPROVEMENT GUARANTEE
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.
LOCAL REGULATIONS
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.
LOT
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.
LOT FRONTAGE
That portion of a lot extending along a street right-of-way.
MAINTENANCE GUARANTEE
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."
MAJOR SUBDIVISION
Any subdivision not classified as either an administrative
subdivision or a minor subdivision.
MASTER PLAN
An overall plan for a proposed project site outlining general,
rather than detailed, development intentions. It describes the basic
parameters of a major development proposal rather than giving full
engineering details. Required in major land development or major subdivision
review.
MINIMUM BUILDABLE AREA (M.B.A.)
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.
MINOR LAND DEVELOPMENT PLAN
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.
MINOR SUBDIVISION
A plan for a subdivision of land consisting of five or fewer
units or lots, provided that such subdivision does not require waivers
or modifications as specified in this act.
PARCEL
A lot or contiguous group of lots in single ownership or
under single control and usually considered a unit for purposes of
development.
PARKING AREA OR LOT
All that portion of a development that is used by vehicles,
the total area used for vehicular access, circulation, parking, loading
and unloading.
PHASED DEVELOPMENT
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.
PHYSICAL CONSTRAINTS TO DEVELOPMENT
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."
PLANNING BOARD
The official planning agency of the Town of East Greenwich.
PLAT
A drawing or drawings of a land development or subdivision
plan showing the location, boundaries and lot lines of individual
properties, as well as other necessary information as specified in
these Regulations.
PREAPPLICATION CONFERENCE
An initial meeting between developers and municipal representatives which affords developers the opportunity to present their proposals informally and to receive comments and directions from the municipal officials and others. See §
A263-9.
PRELIMINARY PLAN
The required stage of land development and subdivision review, which shall require detailed engineered drawings and all required state and federal permits. See §§
A263-13 and
A263-19.
PUBLIC IMPROVEMENT
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.
RESUBDIVISION
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.
STORMWATER DETENTION
A method for storage of stormwater runoff and the controlled
release of such runoff during and after a flood or storm event.
STREET
A public or private thoroughfare used, or intended to be
used, for passage or travel by motor vehicles. See street classification.
STREET, ACCESS TO
An adequate and permanent way of entering a lot. All lots
of record shall have access to a public street for all vehicles normally
associated with the uses permitted for that lot.
STREET ALLEY
A public or private thoroughfare primarily designed to serve
as secondary access to the side or rear of those properties, whose
principal frontage is on some other street.
STREET CLASSIFICATION
A method of roadway organization which identifies a street
hierarchy according to function within a road system, that is, types
of vehicles served and anticipated volumes, for the purposes of promoting
safety, efficient land use and the design character of neighborhoods
and districts. Local classifications shall use the following as major
categories:
A.
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.
B.
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.
C.
LOCALStreets whose primary function is to provide access to abutting properties.
STREET, CUL-DE-SAC
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.
STREET, LIMITED ACCESS HIGHWAY
A freeway or expressway providing for through traffic. Owners
or occupants of abutting property on lands and other persons have
no legal right to access, except at such points and in such manner
as may be determined by the public authority having jurisdiction over
the highway. Frontage on a limited access highway shall not constitute
legal frontage for zoning or subdivision purposes.
STREET, PRIVATE
Private streets shall be prohibited in all single-family
residential developments.
STREET, PUBLIC
All public property reserved or dedicated for street traffic.
STREET STUB
A portion of a street reserved to provide access to future
development, which may provide for utility connections.
SUBDIVIDER
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.
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.
TECHNICAL REVIEW COMMITTEE
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.
TEMPORARY IMPROVEMENT
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.
VEGETATED BUFFER
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]
VESTED RIGHTS
The right to initiate or continue the development of an approved
project for a specified period of time, under the regulations that
were in effect at the time of approval, even if, after the approval,
the regulations change prior to the completion of the project.
(Editor's Note: Checklist II, Preliminary Plat: Minor Land Development and Minor Subdivisions, is
attached to this chapter.)
(Editor's Note: Checklist IV, Master Plan Checklist: Major Land Development and Major Subdivisions, is
attached to this chapter.)
(Editor's Note: Checklist V, Preliminary Plat: Major Land Development and Major Subdivisions, is
attached to this chapter.)
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.
An appeal shall stay all proceedings in furtherance of the action
being appealed.
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.