SECTION 6.0. - DEVELOPMENT APPLICATION, REVIEW AND APPROVAL PROCESS

Part of the Code of Ordinances of Exeter, RI.

Local law · Updated January 5, 2026 · 1,016 sections

The text

Footnotes:

--- (2) --- Editor's note— An ordinance adopted Dec. 11, 2023, amended Section 6.0, §§ 6.1—6.10 in its entirety to read as herein set out. Former Section 6.0 pertained to similar subject matter and derived from Amend. of 6-25-13; Amd. of 2-20-17; Ord. of 11-6-2023(2).

Sec. 6.1. - application for development and certification of completeness.#

Classification. The administrative officer shall advise the applicant as to which approvals are required and whether the administrative officer or the planning board will review the application for a land development project or subdivision. The following types of applications, as defined in section 2.1, may be filed:

Administrative subdivision;

Minor subdivision or minor land development project;

Major subdivision or major land development project.

Certification of a complete application.

The administrative officer must certify as complete, in writing, an application for each stage of approval of a subdivision or land development project before the application will be reviewed. Certification of a complete application begins the time period within which the administrative officer or the planning board must review and act on an application.

If an application is incomplete, the administrative officer shall provide to the applicant a written explanation of the items that are missing from the application. The running of the period for certification stops if the administrative officer finds that the application is incomplete, and resumes when the missing material is submitted, but the administrative office shall have at least ten days from the day the missing material is submitted to certify the application as complete.

If a written certificate of completeness is not issued within the time required by these regulations, the application is considered complete for the purpose of beginning the review period; provided, however, that during review of the application, the administrative officer or the planning board may require an applicant to correct any information found to be in error or to submit any material required by these regulations but not included in the application.

(Ord. of 12-11-2023(1))

Sec. 6.2. - Unified development review#

Unified development review authorizes the planning board, rather than the zoning board of review, to approve a variance or a special use permit that is requested concurrently with an application for approval of a land development project. The purpose of the procedure is to provide a more efficient and less costly method of obtaining approval of development that requires zoning relief. A.

An applicant for land development project approval may initiate unified development review by submitting an application form for a variance or special use permit with the application for the first stage of development approval.

When considering an application for a variance or a special use permit, the planning board is bound by the same legal requirements and the same criteria for relief that would apply to zoning board of review consideration of the application. The planning board shall conduct a public hearing, shall take testimony under oath, and shall make findings of fact and conclusions of law.

An application for a variance or a special use permit requires a public hearing. If these regulations require a public hearing for the land development project application, the application for zoning relief shall be heard at the same public hearing. The planning board shall consider the request for zoning relief before the land development project review takes place. The planning board's approval of an application for zoning relief shall be conditional on its approval of the land development project.

An applicant for approval of a major land development project that has received zoning relief as part of master plan approval may request a change to the relief granted, and may request additional variances or special use permits, as a result of the more detailed planning and engineering required for the preliminary plan submission. If such a request is made, a public hearing to consider the additional zoning relief must be conducted during preliminary plan review. If the additional zoning relief is denied, the planning board may remand the application to master plan review or, with the applicant's consent, the preliminary plan approval period may be extended to allow the applicant to provide additional evidence to support the request for zoning relief.

An appeal from a decision by the planning board on a variance or special use permit may be taken pursuant to R.I. Gen. Laws § 45-23-71.

(Ord. of 12-11-2023(1))

Sec. 6.3. - Pre-application meetings and concept plan review.#

One or more pre-application meetings may be held for all major and minor land development or subdivision applications. Pre-application meetings may be held for administrative applications, upon request of either the town or the applicant. Pre-application meetings shall allow the applicant to meet with planning board for advice as to the required steps in the approvals process, the pertinent local plans, ordinances, regulations, rules and procedures and standards which may bear upon the proposed development project.

Where deemed appropriate by the administrative officer, town officials, other town boards and/or commissions, planning staff, state agencies and abutting property owners may be notified of the pre-application meetings by the administrative officer and invited to provide comments on the proposed subdivision or land development plan.

Applicants seeking a pre-application meeting shall submit general conceptual materials in advance of the meeting(s) as requested by the planning board and as required by checklist I, checklist for pre-application meetings and concept review in section 12.0. At a minimum, the applicant shall follow steps 1—4 of the design process as provided in section 5.4.

Applicants seeking an informal concept review by the planning board shall submit the information and materials as provided in checklist A, informal concept review. This procedure is restricted only to minor land development projects or subdivisions, development plan review and to rural residential compounds. After the planning board has conducted the informal concept review, the board shall provide the applicant with direction regarding the necessary steps required to submit a full application for further review and approval.

Pre-application meetings shall aim to encourage information sharing and discussion of project concepts among the participants. Pre-application meetings should include a review of the physical character of the land, and any environmental or physical constraints to development. Meetings should include a discussion initiated by the planning board regarding what form of land development may be appropriate to meet the goals and policies of the comprehensive plan with regard to preserving the character of the land, the natural environment and the ability of the town to provide essential services. Pre-application discussions are intended for the guidance of the applicant and shall not be considered approval of a project or its elements.

Provided that at least one pre-application meeting has been held for major land development or subdivision application, or 60 days has elapsed from the filing of the pre-application submission and no pre-application 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 section 6.1.

(Ord. of 12-11-2023(1))

Sec. 6.4. - Administrative subdivision.#

Any applicant requesting approval of a proposed administrative subdivision, as defined in this chapter, shall submit to the administrative officer the items required by checklist B administrative subdivision in section 12.0.

Any applicant requesting approval of a proposed lot merger administrative subdivision, as defined in this chapter, shall submit to the administrative officer the items required by checklist B-1, lot merger administrative subdivision in section 12.0.

The application shall be certified as complete or incomplete by the administrative officer within 15-days from the date of its submission according to the provisions of section 6.1.B.

Review process:

Within 15 days of certification of completeness, the administrative officer shall review the application and approve, deny or refer it to the planning board with recommendations. The administrative officer shall report the action to the planning board at its next regular meeting, to be made part of the record.

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 planning board meeting.

If referred to the planning board, 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 planning board to act within the period prescribed shall constitute an approval of the administrative subdivision plan and a certificate of the administrative officer as to the failure of the planning board to act within the required time and the resulting approval shall be issued on request of the applicant.

Denial of an application by the administrative officer shall not be appealable and shall require the application to be submitted as a minor subdivision.

Any approval of an administrative subdivision shall be evidenced by a written decision, which shall be filed and posted in the office of the town clerk.

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 as specified in section 9.7.

(Ord. of 12-11-2023(1))

Sec. 6.5. - Site visits.#

Before the first formal approval stage for every subdivision and land development project, the planning board shall visit the applicant's property. The visit enables planning board members to see existing conditions and special features of the property and identify potential site design issues, and provides an opportunity to informally discuss site design concepts.

The visit should be scheduled after the applicant has submitted an existing resources and site analysis map. Copies of the map may be distributed during the site visit. The board may require the applicant to provide field locations of proposed streets, improvements, or site features. The applicant and one or more of his development professionals should be present. Town officials are encouraged to attend.

The site visit shall be considered a meeting of a public body pursuant to the R.I. Open Meetings Act. The time and location shall be posted; the applicant shall send notice of the site visit to the owners of property within 1,000 feet; members of the public are permitted to attend; and minutes shall be recorded. However, the planning board will take no formal action during the site visit, and any comments made by planning board members shall not be construed as a decision or determination.

Lack of a quorum of planning board members at the site visit, or failure to conduct a site visit for a reason other than the unavailability of the applicant, shall not affect the status of the application.

(Ord. of 12-11-2023(1))

Sec. 6.6. - Public hearings.#

When required. The planning board shall conduct a public hearing before master plan approval of all major subdivisions and land development projects, before preliminary plan approval of all minor subdivisions and land development projects that propose the creation or extension of a street, and for all applications that include a request for zoning relief.

Notice requirements. The following notice requirements apply to public hearings.

The planning department shall advertise the public hearing at least 14 days in advance in a newspaper that circulates in Exeter. The applicant shall pay for the advertisement.

Notice of the public hearing shall be posted in the town clerk's office, at Exeter Public Library, and on the home page of the Town website at least 14 days before the date of the public hearing.

Both the advertisement and the notice shall state the date, time and location of public hearing; the assessor's plat and lot number of the property; and the street address of the property, including the street number or the distance and direction from the nearest intersection in tenths of a mile. If the applicant has requested a variance or a special use permit, the type of relief sought shall be described and the applicable sections of the zoning ordinance shall be listed. The notice shall state that the application may be examined at the planning department, Exeter town hall, on weekdays except holidays between 9:00 a.m. and 4:00 p.m.

The planning department shall send a copy of the notice by first class mail to the applicant and to the owners of property within 1,000 feet of the perimeter of the property proposed for development, and to any individual or entity holding a recorded conservation or preservation restriction on the property proposed for development. The notice shall be sent at least ten days before the date of the public hearing. The applicant shall pay for the notices and the postage.

The planning department shall send a copy of the notice by first class mail to:

The planning board of an adjacent town if there is a public or quasi-public water source, or a private water source suitable for use as a public source, within 2,000 feet of the municipal boundary;

The governing body of any state or municipal water department or agency, water district, or private water company that has riparian rights to a surface water resource or watershed used for, or suitable for, a public water source located within Exeter or within 2,000 feet of the municipal boundary, provided that a map survey has been filed with the building official as specified in R.I. Gen. Laws § 45-24-53(f);

The administrative officer of an adjacent town if the proposed development is within 500 feet of its boundary or if the administrative officer determines that the development poses a potential for significant negative impact on the adjacent town.

On-site sign. The applicant shall provide supplemental notice in the form of an on-site sign. At least 14 days before the date of the public hearing, the applicant shall post a sign at the property notifying the public of the public hearing. The sign shall be at least 20 by 30 inches, made of weather-resistant material, and erected so it is clearly visible from the nearest street. The administrative officer will provide the required sign text to the applicant. The applicant shall maintain the sign at the site until the public hearing is closed. The administrative officer shall determine whether an additional sign must be posted to provide sufficient public notice.

Testimony under oath. For every matter in which the planning board's decision is appealable to the Superior Court, the board shall take testimony under oath. A competent stenographer shall record the minutes of each such proceeding. The applicant shall be responsible for the cost of the stenographer. An appellant must order and pay for a transcript of the proceeding.

(Ord. of 12-11-2023(1))

Sec. 6.7. - Minor land development projects and minor subdivisions.#

Review stages. A minor land development project is one of the developments defined as such in section 2.0 of these regulations. A minor subdivision is a subdivision that creates nine or fewer lots for development. Minor subdivision or land development project review takes place in two stages, preliminary and final. A pre-application conference is recommended. The procedure for initiating a pre-application conference is in section 6.3 of these regulations.

Applications proposing street creation or requesting zoning relief.

An application that proposes creation or extension of a street or is accompanied by an application for a variance or a special use permit shall be reviewed by the planning board.

To initiate an application for preliminary plan review, the applicant shall submit the information required in checklist J in section 12.0 of these regulations. The administrative officer shall certify the application as complete within 25 days.

During preliminary plan review, the planning board shall conduct a public hearing in compliance with section 6.6 of these regulations. If the applicant has requested a variance or a special use permit, the planning board shall approve or deny the variance or special use permit before considering the preliminary plan application. Approval of zoning relief shall be conditional on approval of the final plan.

The planning board shall approve, approve with conditions, or deny the application within 95 days of the day it was certified as complete, unless the applicant consents in writing to an extension of that time.

If the planning board is unable to make the findings required by section 3.5 of these regulations, the board may reassign the application to major subdivision or land development project review. If the planning board fails to act on the application within the required period, the application shall be considered approved, and the administrative officer will issue a written approval at the applicant's request.

Approval of a preliminary plan expires one year from the date of approval. The planning board may extend the approval period for cause upon a written request from the applicant. The zoning ordinance and subdivision regulations provisions under which the preliminary plan approval was granted are vested while the preliminary plan approval remains valid.

Applications that do not propose street creation or request zoning relief.

An application that does not propose creation or extension of a street and is not accompanied by an application for a variance or a special use permit shall be reviewed by the administrative officer.

To initiate an application for preliminary plan review, the applicant shall submit the information required in checklist D in section 12.0 of these regulations. The administrative officer shall certify the application as complete within 15 days.

The administrative officer shall approve, approve with conditions, or deny the application within 65 days of the day it was certified as complete, unless the applicant consents in writing to an extension of that time.

Approval of a preliminary plan expires one year from the date of approval. The administrative officer may extend the approval period for cause upon a written request from the applicant. The zoning ordinance and subdivision regulations provisions under which the preliminary plan approval was granted are vested while the preliminary plan approval remains valid.

Final plan approval. Final plan approval of a minor subdivision or land development project is administrative.

To initiate final approval, the applicant shall submit the information required in checklist E in section 12.0 of these regulations.

The administrative officer shall certify an application for final plan approval as complete within 25 days if the application proposes creation or extension of a street or requests zoning relief, and within 15 days if the application does not propose creation or extension of a street or request zoning relief.

Approval of a final plan expires one year from the date of approval unless during that time the applicant submits a plat for recording that conforms to the final approval. The administrative officer may extend the approval period for cause upon a written request from the applicant. The zoning ordinance and subdivision regulations provisions under which the preliminary plan approval was granted are vested while the final plan approval remains valid.

Appeal. A decision to deny an application, or to approve an application with conditions that are unacceptable to the applicant, is appealable pursuant to R.I. Gen. Laws § 45-23-71. If the appeal is from a final plan decision, the appeal shall be limited to elements that were not included in the preliminary plan decision.

(Ord. of 12-11-2023(1))

Sec. 6.8. - Major land development projects and major subdivisions.#

A major land development project is a development that results in a greater number of dwelling units, involves construction of more gross floor area, or requires more extensive exterior site development than would be permitted for a minor land development project. A major subdivision is a subdivision that creates ten or more lots for development.

After a pre-application conference has taken place, review of a major land development project or major subdivision takes place in three stages:

Master plan, including a site visit.

Preliminary plan.

Final plan.

The planning board may combine review stages if the board determines that all requirements for each stage have been met.

Pre-application conference. To request a pre-application conference with the planning board, the applicant shall submit the plans and supporting materials required by checklist C (for a conventional subdivision) or checklist I (for a conservation development) in section 12.0 of these regulations. The procedure for pre-application meetings and concept review is in section 6.3 of these regulations.

6.8.1 Master plan review. A.

Submission requirements.

To initiate master plan review, an applicant shall submit the items required by checklist F (for a conventional land development project or subdivision) or checklist L (for a conservation development) in section 12.0 of these regulations. Information and supporting material for this phase of review shall include, but is not limited to, information on the natural and built features of the surrounding neighborhood; existing natural and manmade conditions of the development site, including topographic features; the freshwater wetland boundaries; and the floodplains, as well as the proposed design concept, proposed public improvements and dedications, tentative construction phasing, and potential neighborhood impacts.

The administrative officer may solicit initial comments from:

(a)

Town or other local agencies or commissions.

(b)

Adjacent communities.

(c)

State agencies.

(d)

Federal agencies.

The failure of any agency to respond to a request for comments shall not affect the status of an application.

Certification. The application shall be certified complete within 25 days.

Site visit. The planning board shall schedule a site visit in accordance with section 6.5 of these regulations.

Public hearing. The planning board shall conduct a public hearing on the application. Notice shall be given as required by section 6.6 of these regulations. If the applicant has requested a variance or special use permit for the development, the planning board shall approve or deny the variance or special use permit before considering the master plan application. Approval of zoning relief shall be conditional on approval of the final plan.

Decision. The planning board shall approve, approve with conditions, or deny the master plan and any requested zoning relief within 90 days of the day the application was certified as complete unless the applicant agrees in writing to extend the time period for approval.

Failure to act. If the planning board does not act on the application within the required time, the application shall be considered approved, and the applicant may request and receive from the administrative officer a written certification that the planning board failed to act with the required time, and a written approval of the master plan.

Expiration. Master plan approval expires two years from the date the written decision was recorded. An applicant has the right to receive two one-year extensions of master plan approval, and may ask the planning board for additional extensions for good cause. An extension must be requested in writing at least 30 days before the expiration date. The applicant must appear before the planning board to request the extension and explain the status of the project. A decision to extend the approval period shall be in writing. The zoning ordinance and subdivision regulations provisions under which the master plan approval was granted are vested while the master plan approval remains valid.

6.8.2 Preliminary plan review. A.

Submission requirements.

To initiate preliminary plan review, the applicant shall submit the items required by checklist G (for a conventional land development project or subdivision) or checklist M (for a conservation development) in section 12.0 of these regulations.

The administrative officer shall solicit final written comments from town or other local agencies or commissions.

The applicant shall submit copies of all required legal documents, including proposed easements.

Before the preliminary plan is approved, the applicant must submit copies of every federal, state, and municipal permit required for the development, provided, however, that for any permit required from the R.I. Department of Transportation, the applicant may submit correspondence confirming that a permit will be issued when a bond is posted and evidence of sufficient insurance is provided.

Certification. The application shall be certified as complete within 25 days.

Notice. The planning department shall send notice of the first planning board meeting on the preliminary plan by first class mail to the owners of property within 1,000 feet of the property to be developed at least 14 days before the meeting.

Improvement guarantees. At preliminary plan review, the planning board shall approve a procedure for the completion of streets, stormwater management facilities, and all other required improvements. The applicant may complete the improvements by constructing them, by posting a financial guarantee to insure their completion, or a combination of construction and financial guarantees.

Decision. The planning board shall approve, approve with conditions, or deny the preliminary plan within 90 days of the day the application was certified as complete unless the applicant agrees in writing to extend the time period for approval. The planning board's written decision shall be recorded in the land evidence records.

Failure to act. If the planning board does not act on the application within the required time period, the application shall be considered approved, and the applicant may request and receive from the administrative officer a written certification that the planning board failed to act with the required time, and a written approval of the preliminary plan.

Expiration. Preliminary plan approval expires two years from the date the written decision was recorded in the land evidence records. The applicant has the right to receive two one-year extensions of preliminary plan approval, and may ask the planning board for additional extensions for good cause. An extension must be requested in writing at least 30 days before the expiration date. The applicant must appear before the planning board to request the extension and explain the status of the project. A decision to extend the approval period shall be in writing and shall be recorded in the land evidence records. The zoning ordinance and subdivision regulations provisions under which the preliminary plan approval was granted are vested while the preliminary plan approval remains valid.

6.8.3 Final plan approval. A.

Submission requirements. The applicant shall submit the following documents or information for final plan approval:

The items required by checklist H in section 12.0 of these regulations, as well as the items required by the planning board at preliminary plan approval as a condition of final approval.

Arrangements for completion of the required improvements, including a construction schedule and any financial guarantees.

Certification by the tax collector that all property taxes are current.

For phased projects, as-built drawings for all existing improvements in prior phases.

Certification. The application shall be certified complete within 15 days. When the final plan includes changes to the approved preliminary plan or new elements, the administrative officer may have an additional ten days to certify the application as complete, provided that the administrative officer notifies the applicant in writing that the additional time will be required. If the administrative officer determines that the final plan submission proposes a major change to the approved preliminary plan, the administrative officer shall notify the applicant in writing within 14 days of the day the application was submitted.

Referral to the planning board. If the administrative officer certifies the application as complete, the certification shall constitute final plan approval. A written final plan approval shall be issued within 45 days. If the administrative officer determines that the application does not meet the requirements of these regulations or the conditions imposed by the planning board at preliminary approval, or if the applicant has proposed a major change to the approved preliminary plan, the administrative officer shall refer the final plan to the planning board for review. The planning board must approve or disapprove the final plan within 45 days of the day the application was certified as complete, unless the applicant agrees in writing to extend the time period for approval.

Expiration. Final plan approval expires within one year unless the applicant constructs the streets and other improvements or submits an improvement guarantee. The applicant has the right to receive a one-year extension of the final plan approval, and may ask the planning board for additional extensions for good cause. An extension must be requested in writing at least 30 days before the expiration date. The applicant must appear before the planning board to request the extension and to explain the status of the project. A decision to extend the approval period shall be in writing and shall be recorded in the land evidence records.

Recording. The final plan approval and the final plat are recorded in the land evidence records when all required improvements have been completed and an inspection has confirmed that the improvements were constructed in conformity with these regulations and with the approved plans, or when the applicant has submitted an improvement guarantee.

6.8.4 Appeal. A decision to deny the application, or to approve the application with conditions that are unacceptable to the applicant, is appealable pursuant to R.I. Gen. Laws § 45-23-71. If the appeal is from a final plan decision, the appeal shall be limited to elements that were not included in the preliminary plan decision.

(Ord. of 12-11-2023(1))

Sec. 6.9. - Changes to an application.#

An applicant may make changes to an application at any stage of submission. The administrative officer has the authority to approve minor changes and major changes to applications if the applications do not require planning board approval. Major changes to an application that requires planning board review must be approved by the planning board.

If the administrative officer determines that a requested change in a Final plan application is a major change, the administrative officer shall notify the applicant in writing within 14 days.

If the administrative officer denies a request for a minor change, the request shall be submitted to the planning board as a major change.

Minor change. A minor change is a change that, in the opinion of the administrative officer, is consistent with the intent of the original approval. Minor changes include but are not limited to the following:

Changes to utility plans that are acceptable to the director of public works or to the appropriate utility.

Lot line changes that could be approved as an administrative subdivision.

Changes to grading plans or drainage plans that are acceptable to the director of public works and do not require approval of any state or federal agency.

Changes to construction plans required because of unforeseen physical conditions on the property.

Modifications to construction plans for off-site improvements that are acceptable to the director of public works.

Modifications required by outside permitting agencies including the R.I. Department of Environmental Management and the R.I. Department of Transportation.

Major change. A major change is a change that in the opinion of the administrative Officer clearly differs from the intent of the original approval. Major changes include but are not limited to the following:

Changes that would create additional lots or dwelling units for development.

Changes that require a variance or special use permit.

Changes that may have significant negative impacts on abutting property or property in the vicinity of the development.

(Ord. of 12-11-2023(1))

Sec. 6.10. - Planned village development.#

Process: Planned Village Development (PVD) is only allowed on land zoned as Planned Village Overlay District (PVOD), as described in Article X of the Exeter Zoning Ordinance. Any applicant wishing to propose a PVD project shall submit a pre-application to the planning board (see checklist "O"). After the pre-application meeting, the applicant may apply to the planning board for a conditional master plan (see checklist "P"), subject to obtaining a zoning ordinance map amendment to PVOD on the property that is the subject of the PVD proposal. If the proponent obtains a PVOD zoning district designation for the property that is the subject of a PVD proposal, the applicant shall only then return to the planning board to seek preliminary plan approval (checklist "Q"), and then final plan approval. See also supplemental flowcharts 1 and 2 [following section 6.10 herein].

(Ord. of 12-11-2023(1))

Sec. 6.10.1. - Performance and design standards.#

6.10.1.1 Purpose. The purpose of Planned Village Development is to provide an alternative to conventional development that is pedestrian friendly and reflects the historic patterns that help to define Exeter's community character. Increased densities in commercial and residential development are allowed only through the transfer of development rights, thereby protecting open space and farmland.

6.10.1.2 Mix of uses. Consistent with the purposes of PVD under section 10.1.1 of the zoning ordinance, every PVD development must provide for a mix of complementary uses within a village setting. Applicants for PVD shall demonstrate that the proposed development includes a variety of uses and/or housing types consistent with the purpose articulated in this article. Multiple primary uses may be constructed on a single lot to achieve this purpose. The planning board may approve a uniformity of use in an application for PVD where the proposal shall be part of a larger mixed use plan to be developed at a later date and where a sufficient diversity of building types is provided pursuant to section 6.10.1.5.

6.10.1.3 Circulation. Streets, driveways, alleys, and rights-of-way (ROWs) shall be designed to provide safe circulation for all modes of vehicular and pedestrian transportation. A.

The development plan shall consider the anticipated level of traffic for all modes of circulation when assembling various infrastructure elements within the right-of-way. Sidewalks, drainage infrastructure, street trees, parking lanes, bicycle lanes, bridges, bicycle racks, pavement width, lighting, traffic calming features, and other amenities shall be shown in accordance with the checklists associated with each stage of PVD plan review. Examples of different street and intersection configurations that may be applied to a proposed PVD can be found in the Village Design Manual in the Land Development and Subdivision Regulations.

Private roads, alleys, or other means of access may be used to satisfy primary access requirements to any use or lot with approval from the planning board and the submission and approval of appropriate supporting legal documents.

Applicants shall illustrate where different surface treatments are used to delineate spaces dedicated primarily to automobiles, bicycles, pedestrians, and landscaping.

Culs-de-sac and dead end streets shall be prohibited in favor of streets that have multiple connection points to other streets, providing multiple access and egress points.

6.10.1.4 Lot design. A.

Site plans provided at the master plan stage shall provide plan-view illustrations of each individual lot types within a proposed PVD. These illustrations shall show the disposition of the basic elements of the lot including the location of building footprints, driveways, parking, and walkways. Examples of different lot types that may be applied to a proposed PVD can be found in the Village Design Manual, adopted herein by reference. The configuration, dimension, and size of lots shall be designed in a manner that reinforces the compact and walkable nature of traditional neighborhood development.

Lot layout and size shall facilitate a diversity of building types and high levels of accessibility for motorists, bicyclists, and pedestrians in residential, mixed-use, and commercial areas. The planning board may approve a uniformity of lot types in an application for PVD where the proposal shall be part of a larger diverse scheme of lot types to be developed at a later date.

6.10.1.5 Building types. A.

Development plans at the master plan stage shall provide architectural elevations or illustrations for the individual building types within a proposed PVD. Examples of different building types that may be applied to a proposed PVD can be found in the Village Design Manual.

In order to modulate their scale, multi-story buildings shall clearly articulate the base, middle, and top of the building through the use of cornices, step-backs, borders of distinct material, or other articulating features.

Larger buildings with long façades shall articulate the façade with varied rooflines, distinct signage for multiple tenants, awnings, recessed spaces and/or entrances, and any other features that serve to add texture to these longer façades.

Large, flat, unadorned, blank walls on commercial or mixed use buildings shall be avoided for any side or rear walls unless specifically related to acceptable architectural forms (e.g., barns). Where windows are not feasible, articulating features may be used such as awnings and decorative lighting to make these surfaces more attractive.

Building types for corner lots shall be designed in a manner that actively engages each side that fronts on a street, alley, or way. Multiple entrances are not necessary but the building surfaces along public space shall be conducive to pedestrian activity through the use of windows, lighting, awnings, signage, or other features.

Building types shall be varied along streets, within commercial areas, and within neighborhoods to create architectural diversity. The planning board may approve the repetition of building types where the use of different architectural elements and details will successfully create variation along an individual streetscape, within a commercial area, or throughout a neighborhood. Architectural elements that may be used to create this variation include, but are not limited to, dormers, porches, cornices, fenestration, roof configuration, and building materials.

6.10.1.6 Entrances. A.

All commercial and mixed use buildings shall have a principal façade and entry facing a sidewalk or other area dedicated to pedestrian circulation. Commercial buildings may have more than one principal façade and/or entry where more than one side of the building fronts on public space.

Main entrances shall incorporate architectural features that draw attention to the entrance. These features may include covered porches, planters, porticos, recessed doorways, awnings, and/or different sidewalk surface treatment.

Awnings in commercial or mixed use settings shall be made of canvas and/or weather-coated materials. Vinyl awnings are prohibited. Each awning should be distinct from its neighbor and continuous awnings over several stores are discouraged.

6.10.1.7 Fenestration. A.

The width-to-height ratio of window bays in façades above the first story in commercial or mixed use settings should have a minimum width-to-height ratio of 1:2 unless acceptable dormers or other features necessitate a different dimension. Multiple bays may be placed immediately adjacent to one another in order to create larger window areas.

Large uninterrupted window glass panes are discouraged unless appropriately integrated into commercial façades with other smaller windows and articulating features.

Mullion pattern and thickness shall reflect traditional New England design with broad decorative surfaces or trim between windows. Any mullion finishes that would be highly reflective or industrial in nature are not allowed.

6.10.1.8 Signage. A.

For nonresidential uses in the district there may be one non-internally illuminated wall mounted sign for each main building not to exceed eight square feet. The location of these signs shall be such that architectural features are not wholly or partially obscured, including dormers, windows, decorative trim, for example.

In addition to permitted wall mounted signs, there may be one individual projecting sign to identify each individual use in a multiple use building. Such signs shall not exceed eight square feet in area per side and shall be located at or near any entrance open to the public.

Wall mounted or projected signs should typically be located above the ground floor storefront and just below the second floor windows. Signs should not obscure architectural features or windows and should be integrated with the design of the building.

In addition to permitted wall mounted signs, the planning board may allow for free standing signs for those roads or driveways which provide access to complexes of uses and buildings within the district. No such major entrance sign shall be permitted for individual uses or buildings. Such free standing signs shall not exceed six feet in height above the ground and shall not be larger than 32 square feet in sign display area per side. No such free standing sign shall be erected in such a manner as to materially impede vision or obstruct access to or from any public or private street, sidewalk, driveway, off-street parking, or loading facility or any other access required by this ordinance. Free standing signs should incorporate design details, materials, and colors of the associated buildings. The base or support elements of free standing signs should be integrated with the surrounding environment and should incorporate ornamental landscaping where possible.

Sign colors should be selected to provide sign legibility for both day and nighttime viewing. Sign colors and finishes should be compatible with the color of the building and surrounding development.

Sign materials should be of high quality and compatible with the design of the building and façade on which they are placed.

Externally illuminated signs should have downward-directed, wall mounted lights with fully-shielded decorative lamps that do not obscure the graphics of the sign.

Signage on awnings is permitted only on the apron portion of the awning for business identification or to advertise particular goods and/or services.

Internally illuminated signs are not permitted.

(Ord. of 12-11-2023(1))

Sec. 6.10.2. - Ownership, operations and maintenance.#

6.10.2.1 Required agreements. An applicant for PVD shall submit a report to the planning board at the preliminary plan stage of review which describes the various ownership, operations, and maintenance agreements associated with the proposed development. These agreements may include, but are not limited to: A.

Any provisions to be recorded with a property deed that may restrict the ownership or use of property based on the age, income, or other characteristics of the occupant.

Any covenants, contracts, or agreements that describe the sole or shared ownership of and responsibility for access ways, roads, sidewalks, utilities, storm water management facilities, wastewater management facilities, and/or drinking water supply infrastructure.

Any monitoring programs associated with hazardous materials/waste or wastewater facility discharge.

6.10.2.2 Approval of covenants. The planning board shall be provided copies of any formal covenants, contracts and legal documents with supporting information that will be associated with the development and may condition final approval on the approval and appropriate maintenance of these documents. Where the planning board does condition approval on the maintenance of any such documents, future changes to these documents shall include planning board approval.

6.10.2.3. Solicitor review. The planning board may require these documents to be reviewed by the town solicitor at the applicant's expense.

(Ord. of 12-11-2023(1))

Sec. 6.10.3. - Transfer of development rights (TDR)—Sending areas.#

6.10.3.1 TDR required. TDR is required where an application for PVD would increase the amount of residential development beyond what is allowed in any of the underlying districts. See section 10.3 of the zoning regulations.

6.10.3.2. Determining and certifying development rights. A.

General. Development rights may be approved by the planning board as part of a TDR sending area land development project. Master plan approval is required to officially determine the number of development rights associated with a parcel(s) of land and authorize certification from the administrative officer.

Establishing yield. The development rights that may be created on a given parcel of land are determined by the maximum number of detached single family dwelling units that may be developed as determined by the planning board, in accordance with the zoning ordinance and land development and subdivision regulations. The applicant shall have the burden of proof with regard to the reasonableness and feasibility of the design and engineering specifications for the development plan; provided, however, that the planning board's determination of the number of development rights, which is based on the review of approved application documents, shall be conclusive. The site yield plan shall not include the use of any density bonuses or development increases that may be offered elsewhere in the zoning ordinance including, but not limited to, conservation developments, and low/moderate density bonuses. Site plans developed as part of a comprehensive permit application shall not be considered viable yield plans for the purposes of a TDR sending area land development application.

Submittal requirements. Applicants for a TDR sending area land development project shall be required to submit plans to the planning board in accordance with the TDR sending area pre-application checklist and TDR sending area master plan checklist in the land development and subdivision regulations per section 6.6.

Scope of yield plan. Applicants for a TDR sending area land development project shall show the yield for the entirety of all parcels associated with the application. Determining yield for a portion of any associated parcel is not allowed.

Certificates of development rights. Upon the approval of a master plan of a TDR sending area land development application, the planning board shall authorize the issuance of a certificate of development rights from the administrative officer, barring any appeals during the appropriate appeal period. This authorization has the same vesting rights as any master plan approval.

Issuance and maintenance of development rights. Issuance and maintenance of these certificates shall be as follows:

Barring any appeals, the certificate of development rights shall be issued within ten days of the expiration of the appeal period following the planning board's approval of master plan, however

No certificates shall be issued until the applicant demonstrates that all required deed restrictions have been recorded in town hall.

The certificate shall be signed by the owner of the development rights and the administrative officer and recorded by the town clerk.

The planning board shall be notified in writing of any sale, transfer, conveyance, or extinguishing of development rights. Revised certificates shall be issued upon change of ownership or upon the reduction of development rights vested in a certificate and recorded by the town clerk.

Approved subdivision or land development plans. Any applicant that has received master, preliminary, or final plan approval for a parcel in a designated sending area and has not commenced construction may apply to the planning board for a certificate of development rights to convert the approved property yield into transferable development rights provided the property is eligible as a sending area in accordance with section 10.3.2.1 of the zoning ordinance.

Deed restrictions. Approval of any certified development rights shall be accompanied by a draft deed restriction on the associated parcels. This restriction shall include the following provisions at a minimum:

The number of the development rights associated with the parcel shall be clearly stated;

As development rights may be purchased and subsequently extinguished, this reduction in the number of development rights shall be amended on the deed;

Following the receiving of the deed restrictions, should the property owner wish to develop all or a portion of remaining development rights on the property, the town's conservation development design process shall be used.

6.10.3.3 Sending area land value for TDR. Certified development rights shall have different capacities to yield density bonuses in receiving area districts. The differing capacity or "value" of each development right shall depend on its TDR score. Land owners in a sending area district cannot obtain a certificate of development rights without establishing a score for their property in accordance with Table 6A and 6B below: xpp rotatepg?=""?

TABLE 6A

6.10.3.A - Scoring Lands in the Sending Area ALLOWABLE POINTS

SCORING CRITERIA

1. Location 5 10 15 20

Land is adjacent to, in close proximity, or will provide value to the proposed village area. Land is more than ½ mile away from the Receiving Area and provides no direct connection to the Receiving Area Land is more than ½ mile from the Receiving Area but is connected via a dedicated pedestrian/bike trail. Land is not connected to, but is within ½ mile of the Receiving Area. Land is directly adjacent to Receiving Area or contiguous with other preserved land that is adjacent to the Receiving Area.

2. Development Pressure 0—20

Land under development pressure which is critical to the preservation of the rural character and lifestyle of Exeter.

3. Farmland 5 10 15 20

Active Farming and Agricultural Lands (Schedule F form filed with IRS.) Parcel is currently not farmed. Parcel is a working farm with less than 10 acres. Parcel is a working farm with 10—25 acres of prime agricultural lands. Parcel is a working farm over 25 acres of prime farmland soils.

4. Drinking Water Supply Protection 0—5 6—10 11—20

Groundwater protection Land is outside the Groundwater Protection Overlay District. Land is partially inside the Groundwater Protection Overlay District. Land is totally inside the Groundwater Protection Overlay District.

5. Green Corridor/Connectivity 0—5 6—10 11—15 16—20

Criteria for linking open spaces. Parcel has no potential to be part of a larger green corridor. Parcel is important link in a planned open space corridor. Parcel will link, extend or infill existing protected open space in town, State, or private non-profit ownership. Parcel is part of a designated green corridor priority area such as the Queen River Watershed and Arcadia Management Area.

Basic Open Space criteria Parcel has 10 acres or less of unfragmented forest. Parcel is part of an unfragmented forest area over 10 acres in extent. Unfragmented forest area over 50 acres. Unfragmented forest area over 100 acres.

6. Development Suitability 0—5 6—10 11—15 16—20

Land Unsuitable for Development Less than 10% of the parcel is considered suitable for development. Between 10% and 50% (inclusive) of the parcel is covered by land suitable for development. Between 51—90% inclusive of the parcel is considered suitable for development. Above 90% of parcel is considered suitable for development.

Frontage Lot Capacity Parcel is not easily developable with frontage lots. Parcel is easily developable with frontage lots regardless of constraints to development.

7. Natural Resources 0—10 11—20

Habitat Parcel does not include habitat of rare or unique species as identified in the Comprehensive Plan or by the RI Natural Heritage Program, RI Audubon Society or The Nature Conservancy (Cite map reference) Parcel includes habitat of rare or unique species as identified in the Comprehensive Plan or by the RI Natural Heritage Program, RI Audubon Society or The Nature Conservancy (Cite map reference)

8. Other 0—5 6—10 11—15 16—20

Scenic Views/Recreational Potential/Cultural Attributes Does not contain any of the qualities listed in the adjacent cell. • Parcel contains a scenic view • Parcel contains a scenic view • Parcel contains a scenic view

• Parcel protects views from a designated scenic highway • Parcel contains a scenic view opportunities. • Parcel protects views from a designated scenic highway opportunities.

• Parcel contains important historic site or structure • Parcel contains important historic site or structure • Parcel contains important historic site or structure

• Parcel is identified for recreational opportunities. • Parcel is identified for recreational opportunities. • Parcel is identified for recreational opportunities.

xpp restore?=""? B.

Using the sending area score to determine transfer ratio. Development rights certified as part of a TDR Sending Area Land Development project may be transferred to a PVD to create housing at densities that would otherwise not be allowed. Housing types developed as part of a PVD may include single-family detached dwellings, two-family, townhouse, or multi-family units. For every development right certified in a sending area, the planning board may allow housing units to be developed in the receiving area at the following ratios. Fractions of units shall be rounded down to the nearest whole number when calculating potential density bonuses.

Table 6.10.3.3.B - Transfer Ratio Sending Area Lands Score* Detached Single

Family Housing

(Development Right/

Housing Unit) Two-Family or Townhouse (Development Right/Housing Unit) Multi-Family or Age

Restricted (Develop-

ment Right/Housing

Unit)

20—50 1 : 1.2 1 : 1.5 1 : 2.0

51—84 1 : 1.5 1 : 2.0 1 : 2.5

85+ 1 : 1.7 1 : 2.5 1 : 3.0

*Sending area lands must score at least 20 points to be eligible for the TDR program.

6.10.3.4 Procedures for transferring development rights to a receiving area. A.

General. All applications for transferring development rights to a receiving area shall come before the planning board as part of a PVD application review. At the outset of the permit review process, applicants must demonstrate to the planning board that the bearer of the certificate of development rights is in agreement with the terms of the proposed application and understands the number of development rights that will be extinguished after the landing process is complete. Documentation of this assurance shall be provided in a letter signed by the bearer of the certificate of development rights or his/her representative at the time of the application to land the development rights.

Calculating the number of required development rights. The number of development rights required for PVD involves a three-step process:

The applicant shall first determine how many residential units would be allowed as of right in the underlying districts.

The applicant shall then determine the number of proposed residential units in the PVD.

The difference between the two numbers shall then be divided by the transfer ratio as determined in section 6.9.4.B.

Hypothetical calculation: Step 1. Number of units allowed as of right: Four

Step 2. Number of proposed units: 30 single family; 30 multi-family

Number of units requiring TDR: 60 - 4 = 56 (half for single-family; half for multi-family)

Step 3. Sending Area score: 75

Single-family requirement: 28 ÷ 1.5 = 17 development rights

Multi-family requirement: 28 ÷ 2.5 = 11 development rights

Total requirement: 17 + 11 = 28 development rights

Materials. In addition to the materials customarily required as part of an application for a major land development or major subdivision, an applicant proposing to transfer development rights shall submit the appropriate number of copies of his/her certificate of development rights to the planning board. The validity of these development rights shall be verified by the town planner or his/her designee during the pre-application review.

Transfer. A person or party purchasing development rights already vested in a certificate of development rights without landing said rights in a receiving area shall record the purchase with the town planner and receive an updated certificate of development rights reflecting the change in ownership. Parties may purchase all or a portion of the development rights vested in a certificate of development rights.

Fractions of development rights. Any sale, conveyance, or transfer of development rights shall apply to whole units of development rights and not fractions thereof. Fractions of development rights remaining after the transfer of development rights has occurred shall be extinguished.

Final approval. The planning board shall not issue final approval of any transfer of development rights until:

The master plan submittal for the proposed PVD is approved;

The changes to the future land use map and zoning map are approved by town council (as applicable);

All necessary conservation easement restrictions are recorded in the land evidence records and said development rights are formally extinguished by the town planner through the issuance of a revised certificate of development rights.

6.9.5 Conservation easements on sending area lands. Conservation easements shall be applied to the sending area parcels in accordance with section 10.6 once all development rights have been purchased or otherwise extinguished. Easements shall also be applied to any conservation areas established as part of a conservation development. A.

Existing agricultural lands. Lands identified for preservation in the sending area that are in agricultural production or are otherwise identified for agricultural activities by the applicant when development rights are purchased should be preserved for agricultural activities;

Existing natural lands. Lands identified for preservation in the sending area that are not in agricultural production or otherwise identified for agricultural activities by the applicant when development rights are purchased shall be preserved as conservation areas;

Restrictions on sending area parcels. Restrictions on sending area parcels shall be recorded as conservation easement restrictions on the title of the parcel to be preserved upon approval of a TDR sending area land development application. These restrictions shall include a management plan, to be approved by the planning board, which will specify how the open space will be used in the future. The guidance provided in the Rhode Island Conservation Easement Guidance Manual (DEM 2009, or as amended) shall be used to prepare a conservation easement and management plan. Conservation or agricultural lands preserved through TDR shall either:

Be conveyed to and accepted by the town for park, open space, agricultural, or other permitted use or uses;

Be conveyed to a nonprofit organization, the principal purpose of which is the conservation of open space or resource protection; or

Be conveyed to a corporation or trust whose principal purpose is the stewardship of said land for uses approved by the planning board.

Remain in private (non-common) ownership if the use is limited to those approved by the planning board through a binding conservation easement restriction that runs with the land. With agreement of the property owner through the land development or subdivision process, the planning board may limit the amount of space that remains in private ownership to ensure the protection of natural resources or the maintenance of an established greenway.

Easements for non-agricultural lands. All non-agricultural land preserved through the TDR permit process shall be protected in perpetuity against further development and unauthorized alteration by appropriate conservation easement restrictions, and by the grant of a conservation or preservation restriction to the town, pursuant to R.I.G.L. 34-39, as amended. In addition, the perpetual maintenance of open space and any authorized uses shall be guaranteed by appropriate conservation easement restrictions and by grant of a conservation or preservation restriction to the town, pursuant to R.I.G.L. 34-39, as amended. Every conservation easement restriction shall require approval by the planning board before any development rights are sold, landed, or otherwise extinguished. Every conservation easement restriction shall contain the following provision:

"If the owners, or their successors or assigns fail to maintain conservation lands in accordance with those restrictions placed upon the property, the town may perform any necessary maintenance and enforce the payment for such costs, including reasonable attorneys' fees, by an action at law or in equity against the owners or their successors or assigns."

Easements for agricultural lands. All land designated for conservation as agricultural land shall be protected in perpetuity against non-agricultural development and shall allow agricultural use in accordance with this ordinance by appropriate conservation easements and management plans. Said restrictions shall be imposed via restrictions for farming and agricultural uses (pursuant to Title 34, Chapter 39 of the Rhode Island General Laws as amended). The town, acting through the planning board shall serve as the principal steward and enforcer of these restrictions. The planning board may allow other entities to hold various stewardship and enforcement rights to supplement those rights held by the parties. These entities shall have missions dedicated to agricultural preservation and a commitment to continuing allowable agriculture use. Any rules or enforcement enacted by said entity shall be consistent with any applicable rules of the department of environmental management, division of agriculture. No restrictions shall be placed upon the property that would preclude agricultural lands that have been left fallow to be cleared, re-cultivated and returned to an active agricultural operation subject to applicable state laws.

Allowable uses on conservation lands (where rights have been transferred). Uses allowable in conservation lands shall be devoted to conservation purposes or alternatively agriculture, park, recreation, or forest management purposes as determined appropriate by the planning board.

Allowable uses on agricultural lands. Consistent with any applicable local, state, or federal regulations, the planning board shall allow agricultural lands preserved through TDR to be used as prescribed during the development right certification process and as recorded by the administrative officer.

(Ord. of 12-11-2023(1))

Sec. 6.10.4. - Fee-in-lieu option for density transfer.#

Pursuant to section 10.3 of the zoning ordinance, applicants for eligible development proposals (e.g., Planned Village Development) may petition the planning board for a fee-in-lieu of TDR option as an alternative to transferring development rights in order to achieve higher densities than what would ordinarily be allowed in designated receiving areas. The planning board shall have sole and exclusive discretion whether or not to approve the use of this provision. 1.

Calculating the fee. To calculate the appropriate amount that would qualify for fee-in-lieu of TDR, the Town of Exeter shall require appraisals of property in a residential district that is considered by the planning board to be most consistent with their preservation goals. Said appraisals shall be performed at the applicant's expense. The appraised value will be divided by the assumed number of development rights to determine the cost of each development right. This cost will then be multiplied by the number of development rights required for the proposed development to determine the fee. The planning board may accept the results of an existing appraisal as part of determining the value of development rights.

Approval. The planning board shall approve of the required fee as part of the major land development application for the receiving area parcel(s). Approval of the required fee shall occur no later than preliminary plan approval.

Fee recipient. The fee shall be paid to the town and directed either:

To a restricted account established by the town to support the preservation of farmland and open space in the town through the purchase of land or development rights. Funds from this account shall be expended pursuant to expenditure provisions in the Town Charter.

To a land preservation trust fund established by municipal ordinance, to be expended in the manner specified in that ordinance.

Payment schedule. The town and the applicant may negotiate a payment schedule as part of the major land development review process. At a minimum, the town shall be paid on a schedule that generally reflects payment to the developer for individual lots or units.

(Ord. of 12-11-2023(1))

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