SECTION 7.0. - DESIGN AND IMPROVEMENT STANDARDS
Part of the Code of Ordinances of Exeter, RI.
The text
Sec. 7.1. - Physical design requirements, general.#
A.
These regulations, with their appendices, specify all physical design requirements for the subdivision and land development projects, which are to be reviewed and approved pursuant to these regulations. These regulations specify all requirements and policies for subdivisions and land development projects, which are not contained in the town zoning ordinance.
B.
The requirements and policies include, but are not limited to, requirements and policies for rights-of-way, landscaping, connections of proposed streets and drainage systems with those of the surrounding neighborhood, and the relationship of proposed developments to natural and manmade features of the surrounding neighborhood.
C.
The regulations specify all necessary findings, formulas for calculations and procedures for meeting said requirements and policies. These requirements and policies shall apply to all subdivisions and land development projects reviewed and/or administered under these regulations.
D.
Public design and improvement standards for subdivisions and land development projects are specified in this section. Standards include, but are not limited to, specifications for rights-of-way, streets, sidewalks, lighting, landscaping, public access, utilities, drainage systems, fire protection, and soil erosion control.
E.
All public improvements of a land development project or subdivision shall reflect the physical character and design for that district which is specified by the town's comprehensive plan. Public improvement requirements and standards may not be the same in all areas or districts of the town.
F.
The land development or subdivision developer, at his own expense, shall construct all improvements required by the planning board, as shown on the approved final plans of the development.
Sec. 7.2. - Land development and subdivision design standards, specific.#
All land development projects and subdivisions shall conform to the following minimum design standards: A.
Easements. The planning board may require the provision of easements for the installation and maintenance of utilities.
B.
Streets.
1.
Street layout will be considered in relation to the official road map of the town and to any major street plan, which the town may adopt. The planning board may require limited access to major highways for safety and for other purposes as deemed necessary by the board.
2.
Street right-of-way, both existing and proposed, shall be maintained with at least the same width throughout the subdivision.
3.
Street centerlines shall coincide precisely at intersections or shall be offset by at least 150 feet.
4.
Streets shall intersect as nearly as possible at right angles. No intersection shall have an angle that is less than 60 degrees.
5.
No subdivisions shall be approved unless access to that subdivision is by way of a public street.
6.
Private streets and publicly accepted streets existing on the parcel of land to be subdivided shall be shown on the preliminary plat and must be clearly identified as such.
7.
Private streets shall not be permitted and shall not be shown on the final plans, except where allowed in a rural residential compound or conservation development.
8.
Driveways shall be shown on the subdivision plans, except in a rural residential compound.
9.
Street right-of-way may not be less than 50 feet in width; street pavements shall be 18 to 24 feet in width, as determined by the planning board, measured between curbs or edge of pavement.
10.
The planning board will require additional right-of-way and pavement width for arterial streets subject to heavy traffic.
11.
Grades of residential streets shall not be less than one percent nor more than eight percent on minor streets or five percent on arterial streets.
12.
Dead-end streets shall not be more than 600 feet in length and shall have at their closed end a turnaround constructed as shown in Figure 1 (last page of this regulation). The interior of the turnaround shall not be paved, but rather it shall retain the natural vegetation or, if no natural vegetation exists, it shall be planted with native vegetation that is suitable to the site and adds to the character of the site as determined by the planning board. The shape of the turnaround may be modified, and/or the size of the turnaround may be increased, to accommodate existing trees, ledge, or other natural features. Where a dead-end street is to provide access to adjacent property, the planning board may require provision for a temporary turnaround or "tee" until such time as the adjacent tract is developed and the street is extended. Reservation of strips of land controlling access to a street or land dedicated for other public use will not be permitted.
13.
Where a deflection angle of ten degrees or more occurs along the centerline of a street, a curve with a radius of less than 150 feet shall be introduced.
14.
Corners at intersections shall be rounded to provide a curb radius of not less than 25 feet.
15.
An extension of an existing street shall have the same name as the existing street. Names of other proposed streets shall be substantially different from any existing street name in the town.
16.
In order to maintain a visual screen and rural character, the planning board will require the maintenance of an undisturbed natural vegetative buffer along the frontage of the lot in a range of 25 to 100 feet, as determined by the planning board.
C.
Lots.
1.
All lots shall abut an existing or a proposed public street, except where abutting a private street allowed in a rural compound or a conservation development.
2.
Except for those sides bordering a street, lots shall not have interior angles of more than 200 degrees except as provided in section 2.4.3 of the zoning ordinance.
3.
The proportion of average lot depth to average lot width shall not exceed 2.5 to one, except as provided in section 2.4.3 of the zoning ordinance.
4.
All lots shall conform to the provisions of any zoning ordinance that may be adopted in the town.
5.
Side lot lines shall be as near right angles to street lines as practical.
6.
Other than at corners, lots shall abut only one existing or proposed street.
7.
Minimum lot dimensions and minimum building setback lines shall be established for all lots in the zoning ordinance of the town, unless the need for larger lots is indicated by the standard soil survey.
8.
The minimum lot dimensions established by these regulations or any zoning ordinance adopted by the town may be increased by the planning board if larger dimensions are warranted for the safe and effective operation of individual sewage disposal systems (ISDS). Lots shall be of such area, shape and dimensions as will allow the operation of individual sewage disposal systems in such manner that the water supplies of said lots and all of the surrounding lots are adequately safeguarded. In addition, slopes over 12 percent, and bedrock areas may be a determining factor in affecting lot size due to the effect this has on onsite (proposed) sewage systems.
9.
Lots in all subdivisions and land development projects created for the purpose of development shall be designed so as to contain the minimum land area required by the zoning ordinance.
10.
Corner lot street lines shall be of sufficient length to accommodate the required front building setback lines.
D.
Fresh water wetlands. No fresh water wetlands, as defined in chapter 213 of the Public Laws of 1971 and as amended in the future, shall be excavated, drained or filled nor shall any extraneous materials be placed into these wetlands. Water flow shall not be diverted nor shall any change be made to the natural condition of fresh water wetlands without prior approval of the director of the state department of environmental management and the town council in accordance with the provisions of said chapter.
E.
Sewage disposal fields. The disposal field of any onsite sewage disposal system shall be in conformity with the provisions of the current state department of environmental management ISDS regulations and also be in compliance with any other applicable state or local code.
F.
Standards for rural residential compounds. Rural residential compounds, if permitted by the planning board under the provisions of section 5.2, shall be constructed to the standards and specifications provided in these regulations, and as provided in section 1.4.B.C. of the town zoning ordinance entitled "Rural residential compounds."
Sec. 7.3. - Performance and development standards.#
Performance and development standards. The following performance and development standards apply to all land development projects. 1.
Municipal services. The planning board must find that the development will not have an unreasonable impact on the municipal road system, fire department, police department, solid waste program, schools, open spaces recreational programs and facilities, and other municipal services and facilities. The applicant shall estimate the impact the project will have on town services, including but not limited to police, fire, and emergency medical services; streets and other public infrastructure; and education.
2.
Water pollution. The project shall be designed to prevent the pollution of surface water or groundwater. In making this determination, the planning board will review the project area including, but not limited to, the elevation of the land above sea level and its relation to the flood plains, the nature of soils and subsoils and their ability to adequately support wastewater disposal and other DAM-approved discharge; the natural gradient of the land and its effect on effluents; the proximity of the project to the aquifer and aquifer recharge areas; and the availability of streams for surface runoff. The planning board may place conditions on approval that protect the quality of surface water and groundwater.
3.
Water supply. Sufficient water, including water pressure adequate for fire suppression equipment, must be available. The applicant must demonstrate by clear, convincing, and documented evidence that adequate potable water is available for reasonably foreseeable needs and that water use by the proposed development will not have an adverse impact on the water needs of adjacent properties.
4.
Wastewater disposal. If the development is located in the groundwater protection overlay zone or within a wellhead protection area:
a)
The planning board shall require a total nitrogen removal of 50 percent at the treatment unit before discharge to the wastewater disposal system, pursuant to section 7.3 of this ordinance.
b)
The applicant shall submit an assessment of the potential impacts of the proposed on-site wastewater disposal systems on surface water, groundwater, and public or private wells on adjacent properties.
c)
The applicant shall prepare and submit to the planning board an operation and maintenance plan for the on-site wastewater disposal systems. The R.I. Handbook for Inspection of Operating Septic Systems shall be used as guidance for operation and maintenance.
5.
Unique areas. The planning board must find that the project will not have an adverse impact on the scenic beauty of the project area, historic sites, or rare and irreplaceable natural areas.
6.
Water bodies. If any part of the building is located within 300 feet of a water body or freshwater wetland, the proposed project shall not have an adverse impact on the water body or wetland.
7.
Well protection areas. If a well or wells will be installed on the property, the entire wellhead must be located on property owned by the owner of the project, or the owner of the project must have a conservation easement on the wellhead. No structure that requires wastewater disposal shall be permitted within the wellhead protection area except on-site wastewater disposal systems required to serve the project; no hazardous materials shall be stored within the wellhead protection area; and no use that may contaminate the groundwater shall be permitted within the wellhead protection area.
8.
Landscaping. The landscape shall be preserved in its natural state insofar as practicable by minimizing tree removal, disturbance of the soil and retaining existing vegetation during and after construction. After construction is completed, landscaping shall be installed according to the landscaping design shown on the site plan that will define, soften, or screen the appearance of the off-road parking areas from the public right-of-way and abutting properties and/or structures in order to enhance the design or building(s) or site, and to minimize the encroachment of the proposed use on neighboring land uses.
A.
Existing trees and vegetation shall be preserved to the maximum extent possible.
B.
Buffering elements in the form of architectural design and landscape design that provide a logical transition to adjoining existing or permitted uses shall be provided.
C.
Scenic views and historically significant landscape features shall be preserved whenever possible as determined by the planning board and/or the scenic highway commission.
D.
The planting of large deciduous street trees, no smaller than two-inch caliper, along principal road corridors to help shade and enclose the highway shall be encouraged.
E.
New landscaping shall use native plant material of species hardy to the area.
F.
The Applicant shall submit a landscape plan subject to planning board approval, including a plant species list with sizes, common and scientific names, and quantities.
9.
Visual relationship of buildings and their design.
A.
The architectural design of the project, buildings, structures and site layout shall be visually compatible with the character the Town of Exeter seeks to retain within the area and the surrounding district, including building materials, massing of structures, small scale, and pitched building roof line, and shall be compatible with any special area master plan concepts as adopted by the town planning board and town council.
B.
A diversity of roof heights, gable orientations and volumes in new buildings should be considered. Mansard, flat and shallow-pitched roofs are not permitted. Instead new buildings shall be designed with traditional roof forms that are compatible with the character of the town, including gambrel and gable roofs commonly found in Exeter.
C.
Architectural elements such as dormers should be in proportion with the overall building and should also be in keeping with the surrounding building context. Exaggerated or excessively large (or tiny) architectural elements should be avoided. If used properly, traditional and contemporary architectural detailing can create variety, interest and texture on new buildings and additions, which is compatible with the character of the area.
D.
Building materials. The following building materials for use on the exterior of all structures may be acceptable:
Wood or wood products
Brick
Masonry products
Stone
Vinyl products which resemble the above
Such other materials as may be approved by the planning board
E.
Buildings that are three-dimensional expressions of chain architectural logotypes which are incongruous with the character of the town shall not be allowed.
F.
Development projects shall reuse existing buildings of historical character whenever possible. Reuse may take the form of additions to older buildings rather than demolition of listed historic buildings (Rhode Island Historical Preservation and Heritage Commission town survey) shall be discouraged.
G.
Large-scale development shall take the form of village-like groupings, rather than a large individual structure set back on a large expanse of asphalt parking. Large box buildings are discouraged, however if proposed, their architectural incongruity shall be corrected by the articulation of building facades into an appearance of smaller-scaled multiple building fronts expressed in a variety of heights and materials to create a pedestrian scale.
10.
Vehicular access. The proposed site layout shall provide for safe access and egress from public and private roads by providing adequate location, numbers, and control of access points including site distances, turning lanes, and traffic signalization when required by existing and projected flow on the municipal road systems. Provisions shall be made providing and maintaining safe and convenient emergency vehicle access to all buildings and structures on the site at all times. The development shall not impose unreasonable burdens on the circulation system of the town. Town roads inadequate to handle the volume of traffic generated by the development shall be improved by the applicant to provide safe passage. The developer shall be required to provide a traffic impact report prepared by a certified traffic engineer including, but not limited to, present and future traffic volumes, present and future traffic flows, traffic safety, and impact to level of service.
11.
Parking and circulation. The layout and design of all means of vehicular and pedestrian circulation, including walkways, interior drives and parking areas shall provide for safe general interior circulation, separation of pedestrian and vehicular traffic, service traffic, loading areas, and arrangement and use of parking areas. Adequate off-street parking and loading shall be provided to prevent on-street traffic congestion. All parking spaces, maneuvering areas, entrances and exits shall be identified on the site plan. The interior circulation system shall be designed to provide safe and convenient access to all structures, uses, and/or parking spaces. Parking areas shall be protected with suitable guards, rails, islands, crosswalks, speed bumps, and similar devices deemed necessary by the planning board.
A.
Parking lots shall be located to one side or behind commercial buildings, particularly within the Route 102 and Route 2 corridors and along arterial highways.
B.
Whenever possible, parking lots on adjoining commercial lots shall be connected internally to each other to allow for through traffic between and reducing the need for multiple curb cuts, particularly within major arterial road corridors.
C.
Parking lot units shall be designed with ample landscaping and shall be limited in size to accommodate no more than 30 to 40 cars per units. Parking for large complexes shall be broken up into units of this size with each lot connected with the other but buffered from the other with landscaping including trees and shrubs. The following parking lot landscaping standards may be required by the planning board:
1.
Parking lots containing ten or more spaces shall be planted with at least one tree per five spaces, no smaller than two-inch caliper, each tree being surrounded by no less than 40 square feet of permeable unpaved area.
2.
The planning board may require placement of trees along the perimeter of parking areas and within parking areas.
D.
Native trees required by these provisions shall be at least five feet in height at the time of planting and shall be of a species characterized by hardiness within the area.
E.To
the extent practicable, existing trees shall be retained and used to satisfy the provisions of this section.
F.
Where reasonable and practical, the planning board may require new roads and interconnected parking to be located behind existing commercial buildings scheduled for rehabilitation or reuse to reduce traffic along arterial highways.
G.
The planning board may require the consolidation of existing curb cuts into a smaller number of clearly defined entrances in projects involving the reuse of existing buildings and parking areas. If such buildings are within major road corridors or along an arterial highway and set back from the highway, the planning board may require a reconfiguration of the parking to accommodate these standards. In such cases where new additions or new structures are part of the application, the planning board may encourage such new construction to be located along the highway or interior roads to create a traditional commercial main street appearance and to create a visual setback line to create a visual screen to existing or proposed interior parking areas.
H.
No development shall be allowed where there is unrestricted access to public streets or roads (with an unlimited curb cut) or where the public street must be utilized to maneuver in and out of a parking space unless such development is located on an interior street and is subject to the design guidelines of a special area master plan adopted by the town planning board or town council.
I.
Glare from the installation of outdoor lights and signs and from the movement of vehicles on the site shall be shielded from the view of adjacent residential properties.
J.
Buildings and the grounds adjoining them shall permit easy access and operation of fire, police, and other emergency vehicles.
K.
The design of the project's circulation systems shall relate to planned improvements in the area, including future street widening, realignments, paving programs, and street width requirements determined by the planning board relating to traffic use which have been planned and/or scheduled for construction. The design should be congruent with any proposed area master plan, commercial master plan, village-type plan, or mixed-use area plan adopted by the town.
12.
Stormwater runoff and erosion control. Adequate provisions shall be made for the treatment and control of soil erosion and stormwater runoff so that runoff will not adversely affect neighboring properties, surface [water] or groundwater quality, aquifers, wetlands, any storm drainage system or road. Whenever possible, on-site absorption of runoff waters shall be utilized to minimize discharges from the site. Provisions shall be made to control erosion during and after construction. All stormwater runoff and erosion control shall meet the guidelines set forth in the Rhode Island Stormwater Runoff and Rhode Island Erosion and Sediment Control Handbooks.
A.
Erosion and sedimentation shall be controlled during and after construction and shall not adversely affect adjacent or neighboring property or public facilities or services either during or after construction.
B.
The design of stormwater control systems shall be for a zero net increase from present undeveloped drainage patterns compared to future site development conditions.
C.
Direct discharge of untreated stormwater runoff to a wetland or watercourse from impervious surfaces including, but not limited to, roadways, parking lots, driveways, basement drainage systems, and roofs shall not be allowed.
D.
All development stormwater control shall meet the standards of the Rhode Island Stormwater Design and Installation Standards Manual and be of nonstructural character to the extent possible. Such stormwater control shall be designed to be integral to the designed landscape of the project.
13.
Advertising features. The size, location, design, lighting and materials of all exterior signs and outdoor advertising structures shall be compatible with the design of the proposed building(s) and structure(s) and surrounding properties and conform with article VI of the Exeter zoning ordinance. A uniform signage design for projects is recommended. The planning board shall require conformance with any standards adopted with a town special area master plan for signs.
14.
Special features of the development. Exposed storage areas, exposed machinery installation, service areas, truck loading areas, utility buildings, and similar structures shall have sufficient setbacks and screening to provide an audiovisual buffer sufficient to minimize their adverse impact on other land uses within the development area and surrounding properties.
15.
Exterior lighting. All exterior lighting shall be designed to minimize impact on neighboring properties. Lighting shall be directed away from any residential zoned properties.
(Ord. of 12-12-2023(1))
Editor's note— An ordinance adopted Dec. 12, 2023, renumbered the former § 7.3 as § 7.4 and enacted a new § 7.3 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.
Sec. 7.4. - Construction of subdivision.#
The subdivider, at his own expense, shall construct the subdivision according to specifications of the town planning board or otherwise designated town official or technical consultant. Required construction for each subdivision, according to the standards in section 7.2 shall be as follows: A.
Streets shall be graded, graveled and paved and curbing installed where required.
B.
Water lines shall be installed in the street where connection to a public system is feasible. Installation shall precede road construction.
C.
Storm water and drainage impacts shall be mitigated in accordance with standards in the "Rhode Island Storm Water Design Manual," as amended.
D.
Walks or trails may be required where necessary to control and/or protect pedestrian traffic. Where provided, sidewalks shall have a minimum width of four feet.
E.
Special safety structures may be required, such as guardrails and other devices depending upon the nature of the terrain.
F.
Permanent monuments are to be set at every corner and angle point on the boundary line of the subdivision and at every angle point of curvature on the proposed street right-of-way. The planning board may also require monuments to be set as necessary along lot lines, which abut open space areas so as to clearly mark the location of the division between the lot and the open space.
G.
Street signs with sufficient supports consisting of two-inch galvanized pipe in cement; a minimum of three feet in the ground and of a type acceptable to the public works director shall be erected by the sub-divider at each street intersection in the subdivision. Street signs shall be six inches in height with letters four inches in height. Dead-end streets shall be clearly indicated as such at their entrances.
H.
Every effort shall be made to retain existing vegetation, especially significant trees, by limiting clearing to the minimum needed to construct the new road. Where existing vegetation is not preserved within the right-of-way, new shade trees shall be planted at intervals of one tree on an average of every 30 feet on both sides of the road. Shade trees shall be of indigenous species specified by the planning board and shall have a two and one half inch caliper when measured three feet above grade.
(Ord. of 12-12-2023(1))
Editor's note— Formerly § 7.3. See editor's note following § 7.3.
Sec. 7.5. - Completion of subdivision.#
All road improvements shall be inspected and approved by the Exeter public works director and the planning board's consulting engineer in accordance with the procedures in sections 12.0 and 13.0 of these regulations.
Upon completion of all streets and other public improvements in the development, the public works director and the planning board's consulting engineer shall report in writing to the planning board as to the condition of the required improvements. The planning board will review the report and inspect the development and within 30 days from the receipt of their report, and at the next regular planning board meeting, will issue written notice to the sub-divider and to the town council, if the development improvements are found to be satisfactory by the board. If found acceptable; the planning board shall recommend that the town accept as town property the road and other required public improvements. (See section 4.2. improvement guarantees, item I, maintenance bond requirement).
(Ord. of 12-12-2023(1))
Editor's note— Formerly § 7.4. See editor's note following § 7.3.