Appendix A - SUBDIVISION REGULATIONS

Part of the Code of Ordinances of Jamestown, RI.

Local law · Updated April 21, 2025 · 1,225 sections

The text

Footnotes:

--- (1) --- Editor's note— Printed herein are the subdivision regulations of the town, as adopted by the planning commission on December 20, 1995. Amendments are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provision remains unchanged from the original. Obvious misspellings and punctuation errors have been corrected without notation. For stylistic purposes, headings and catchlines have been made uniform, and the same system of capitalization, citation to state statutes, and expression of numbers in text as appears in the Code of Ordinances has been used. Additions made for clarity are indicated by brackets.

ARTICLE I. - AUTHORITY AND INTENT#

These subdivision and land development regulations are adopted pursuant to the authority contained in G.L. 1956, §§ 45-23-25—45-23-74, known as the Rhode Island Land Development and Subdivision Review Enabling Act of 1992, and section 38-36 of the Jamestown Code of Ordinances. A.

Purpose. The purpose of these regulations is to establish procedural and substantive provisions for the subdivision and development of land that will, consistent with the provisions of the comprehensive community plan and the zoning ordinance, accomplish the following:

Protect the public health, safety and welfare of the community;

Provide for the orderly, thorough and expeditious review and approval of subdivisions and land development projects;

Promote high quality and appropriate design and construction of subdivisions and land development projects;

Protect existing natural and built environments and mitigate the significant negative impacts of proposed development on those environments;

Promote subdivision and land development designs that are well-integrated into surrounding neighborhoods, and concentrate development in areas that can best support intensive use because of natural characteristics and existing infrastructure;

Provide for design and construction standards that are appropriate to the community;

Require measures for mitigating the impact of new development on the community that are based on clear documentation of needs and are fairly applied and administered;

Direct the development of land consistent with state of the art practices that promote and foster growth in a manner that protects the town's rural character while at the same time accommodating economic growth;

Guide land development with an emphasis on siting subdivision improvements so as to allow for the maximum preservation of existing natural features;

10.

Ensure that proposed designs institute best management practices that acknowledge existing site constraints and the natural setting.

Construction and intent.

These regulations are not intended to supersede, abrogate or interfere with any provision of any ordinance of the Town of Jamestown.

Sections I—III and V—XIV of these regulations are intended to provide general requirements applicable to all subdivisions. Section IV of these regulations governing residential cluster developments, certain minor subdivisions and land development projects are intended to provide regulations that are supplementary to the general requirements. In the event of a conflict between a general regulation and a regulation applicable to a specific type of subdivision, the more specific regulation shall be controlling.

These regulations are intended to be interpreted so as to be consistent with, and further the implementation of, the comprehensive community plan and the Rhode Island Land Development and Subdivision Review Enabling Act of 1992. Consistency with the comprehensive plan means in accordance with the goals, policies, procedures, maps and other policy statements in the plan.

If any section or subsection of these regulations is held invalid by a court of competent jurisdiction, such invalidity shall not affect the validity of the remainder of these regulations.

Effective date. These regulations shall take effect upon adoption by the planning commission, and shall supersede all other subdivision regulations in effect at the time of such adoption.

Vested rights; continuation of prior regulations. Subdivisions which have been submitted to the planning commission for approval under the provisions of the regulations in effect prior to December 31, 1995, may be continued to be reviewed by the planning commission and approved under those regulations in accordance with the following:

Final approvals. Any subdivision which, at the time of adoption of these amendments, has received final approval, or final approval with conditions, from the planning commission, may initiate or construct any part of the development, or record such plans in accordance with the subdivision regulations in effect at the time final approval was granted. The planning commission may, in its discretion, grant extensions to any such final approval in accordance with the procedure for such extensions as set forth in the regulations in effect at the time of final approval.

Preliminary approvals. Any subdivision which, at the time of adoption of these amendments, has received preliminary approval, or preliminary approval with conditions, from the planning commission may continue to be reviewed by the commission in accordance with the subdivision regulations in effect at the time preliminary approval was granted provided any one of the following conditions have been met:

The final plat, including all the material required in the final plat checklist, is filed with the planning department within one year from the date of preliminary approval; or

The subdivision is located within an area and is of a nature to be within the jurisdiction of the Rhode Island Coastal Resources Management Council (CRMC) and the preliminary plans as approved by the planning commission, have been filed with CRMC for an assent as required by the coastal resources management program; or

The subdivision is located within an area and is of a nature to be within the jurisdiction of the Rhode Island Department of the Environmental and the preliminary plans as approved by the planning commission have been filed with Rhode Island Department of the Environment for approval as required by the Freshwater Wetlands Act; or

The applicant has expended significant monies in the preparation of preliminary subdivision plans in an amount that, if preliminary approval were to become void and reapplication under the revised subdivision regulations were to be required, a significant economic hardship would result. The planning commission shall determine what constitutes "significant economic hardship."

Other status. Any subdivision which, at the time of adoption of these regulations, has not received final or preliminary approval; or has been reviewed by the planning commission for preliminary review but no approval therefor has been granted; or has received preliminary approval more than one year prior to the date of adoption of these regulations; or for which only preapplication conference(s) has (have) been conducted shall be required to be reviewed under the revisions to the subdivision and land development regulations described herein pursuant to the Rhode Island Land Development and Subdivision Review Enabling Act of 1992. The planning commission shall determine vested rights for subdivisions submitted for approval prior to December 31, 1995. Appeals from a decision regarding the application status and vested rights of any subdivision shall be made to the zoning board of appeals as herein provided.

ARTICLE II. - DEFINITIONS#

The following words or phrases, when used in these regulations, shall have the following meaning, unless otherwise specifically provided: (1)

Administrative officer. The municipal official designated by the local regulations to administer the land development and subdivision regulations and to coordinate with local boards and commissions, municipal staff, and state agencies. The administrative officer may be a member of, or the chair of, the planning commission, or an appointed official of the municipality.

(2)

Administrative subdivision. Resubdivision of existing lots that yields no additional lots for development, and involves no creation or extension of streets. Such resubdivision shall only involve divisions, mergers, mergers and division or adjustments of boundaries of existing lots.

(3)

Agricultural land. Land suitable for agriculture by reason of suitability of soil or other natural characteristics or past use for agricultural purposes. Agricultural land includes that defined as prime farmland or additional farmland of statewide importance for Rhode Island by the soil conservation service of the United States Department of Agriculture.

(4)

Applicant. A person who applies to the planning commission for subdivision approval.

(5)

Areas of secondary importance. Any of the following natural and cultural features of the landscape: mature woodlands, significant wildlife habitats, prime farmland or open meadows and their defining tree lines/hedgerows and/or stonewalls, historic structures or community landmarks, and scenic views to, from, or within the property.

(6)

Bond. A type of improvement guarantee.

(7)

Buildable lot. A lot where construction for the use(s) permitted on the site under the zoning ordinance is considered practicable by the planning commission, considering the physical constraints to development of the site as well as the requirements of pertinent federal, state and local regulations.

(8)

Certificate of completeness. A notice issued by the administrative officer informing the applicant that the application is complete and meets the requirements of these regulations, and that the applicant may proceed with the approval process.

(9)

Cluster. A site planning technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space, and/or preservation of environmentally, historically, culturally, or other sensitive features and/or structures.

(10)

Coastal feature. Coastal beaches, dunes, wetlands, cliffs, bluffs, embankments, rocky shores, and manmade shorelines as defined in G.L. 1956, § 46-23-1 et seq., as amended.

(11)

Concept plan. A drawing with accompanying information showing the basic elements of a proposed subdivision or land development plan, in the context of existing site conditions as used for preapplication meetings and early discussions, and classification of the project within the approval process.

(12)

Cul-de-sac. The terminus of a street that has only one outlet, laid out to provide a circular or other type of turnaround for vehicles at the closed end. The center of culs-de-sac shall not be paved but shall contain a landscaped inner island. See article XIII.

(13)

Dedication, fee in lieu of. Payments of cash which are authorized in the local regulations when requirements for mandatory dedication of land are not met because of physical conditions of the site or other reasons. The conditions under which such payments will be allowed and all formulas for calculating the amount shall be specified in advance in the local regulations. See article III.

(14)

Development regulation. Zoning, subdivision, land development plan, development plan review, historic district, official map, floodplain regulation, soil erosion control or any other governmental regulation of the use and development of land.

(15)

Division of land. A subdivision: separating one parcel into two or more parts or rearranging property lines that already separate parts or one property from another.

(16)

Easement. The right of a party to use all or part of the property of another for a specific purpose.

(17)

Endorsement. The signature of the administrative officer or planning commission chairperson [chair] on an approved plat, permitting recording of the plat, or as further provided in article VI.

(18)

Environmental constraints. Natural features, resources, or land characteristics that are sensitive to change and may require conservation measures or the application of special development techniques to prevent degradation of the site, or may require limited development, or in certain instances may preclude development. See also physical constraints to development.

(19)

Final plan. The final stage of subdivision or land development review.

(20)

Final plat. The final drawing(s) of all or a portion of a subdivision or land development project, and any accompanying materials, to be recorded in the land evidence records after approval by the planning commission.

(21)

Floodplain or flood hazard area. An area that has a one percent or greater chance of inundation in any given year, as delineated by the Federal Emergency [Management] Agency pursuant to the National Flood Insurance Act of 1968, as amended (P.L. 90-448) [42 USC 4011 et seq.].

(22)

Improvement. That which is built upon or which changes the natural or existing condition of a site to enhance its value as real estate.

(23)

Improvement guarantee. A security instrument accepted by the finance director to ensure that all improvements, facilities, or work required by these regulations, or as a condition of approval, will be completed in compliance with the approved plans and specifications.

(24)

Land development project. A project in which one or more lots, tracts, or parcels of land are to be developed or redeveloped as a coordinated site for a complex of uses, units, or structures, including, but not limited to, planned development and/or cluster development for residential, commercial, institutional, recreational, open space, and/or mixed uses as may be provided for in the zoning ordinance.

(25)

Land disturbing activity. Any physical land development activity which includes such actions as clearance of vegetation, moving or filling of land, removal or excavation of soil or mineral resources or similar activities.

(26)

Land suitable for development. The total land area, less land unsuitable for development.

(27)

Land unsuitable for development. Shall be defined as follows:

Wetlands as defined in G.L. 1956, § 2-1-18 et seq., and intertidal salt marshes as defined by G.L. 1956, § 46-23-1 et seq. of said general laws as the same is or may be from time to time amended, and in any rules or regulations adopted pursuant thereto. For the purposes of delineating suitable land for the computation of the maximum number of dwelling units, land encompassed by any setback requirement or banks, as set forth in G.L. 1956, §§ 2-1-18 et seq., and 46-23-1 et seq. of the general laws, need not be excluded from consideration as developable land area.

Land located within zone A8 as shown on the Town of Jamestown Flood Insurance Rate Map, and any revisions thereto.

An area of the tract proposed to be developed equal to: 20 percent of that portion of a tract which is located in an R-20 district; ten percent of that portion of a tract which is located in an R-40 district; and five percent of the portion of a tract which is located in an RR-80 district, as an allowance for public streets or in the alternative the area of any public street rights-of-way actually designed for the proposed project in accordance with applicable subdivision regulations.

(28)

Lot. Either:

The basic development unit for determination of lot area, depth, and other dimensional regulations; or

A parcel of land whose boundaries have been established by some legal instrument such as a recorded deed or recorded map and which is recognized as a separate legal entity for purposes of transfer of title.

(29)

Maintenance guarantee. A security instrument accepted by the finance director to ensure that all improvements, facilities, or work required by these regulations, or as a condition of approval, will function as required for a specified period of time.

(30)

Major land development plan. Any land development project not classified as a minor land development plan, and any land development project that includes nonresidential development.

(31)

Major subdivision. Any subdivision not classified as either an administrative subdivision or a minor subdivision.

(32)

Master plan. An overall plan for a proposed project site outlining general, rather than detailed, development intentions. It describes the basic parameters of a major development proposal, rather than giving full engineering details. It is required for review of major land development projects and major subdivisions.

(32a)

Minor land development plan. A development plan for a residential project as defined in local regulations, provided that such development does not require waivers or modifications as specified in this act. All nonresidential land development projects shall be considered as major land development plans.

(32b)

Minor subdivision. A plan for residential development that requires the subdivision of land into buildable lots, does not propose more than five lots or dwelling units, and does not require any waivers from, or modifications to, these regulations.

(33)

Nonbuildable lot. A parcel of land recorded in the land evidence records that is created or reserved for a purpose other than present or future construction of buildings or structures.

(34)

Parcel. A lot, or contiguous group of lots in single ownership or under single control, and usually considered a unit for purposes of development; also referred to as a "tract."

(35)

Parking area or lot. All that portion of land development project that is used by vehicles, the total area used for vehicular access, circulation, parking, loading and unloading.

(36)

Phase. A portion of a subdivision or land development to be developed, or sold as lots, at a particular time, as part of an effort to coordinate population growth with the availability of facilities and services.

(37)

Phased development. Development, usually for large-scale projects, where construction of public and/or private improvements proceeds by section(s) subsequent to approval of a master plan for the entire site.

(38)

Physical constraints to development. Characteristics of a site or area, either natural or manmade, which present significant difficulties to construction of the uses permitted on that site, or would require extraordinary construction methods. See also Environmental constraints.

(39)

Planning commission. The official planning agency of the Town of Jamestown as established in the town Charter.

(40)

Plat. A drawing or drawings of a land development project or subdivision showing the location, boundaries, and lot lines of individual properties, as well as other necessary information to be filed in town records as specified in these regulations.

(41)

Preapplication conference. An initial meeting between developers and municipal representatives that affords developers the opportunity to present their proposals informally and to receive comments and directions from the municipal officials and others.

(42)

Preliminary plan. The stage of land development and subdivision review that requires detailed engineered drawings and all required state and federal permits.

(43)

Prime farmlands and farmlands of statewide importance. Those lands which meet the applicable criteria, as established by the U.S.D.A. Soil Conservation Service. Specific map units are listed in the Soil Conservation Service fact sheet "Identification of Important Farmlands," issued 1980, as amended. See Agricultural land.

(44)

Public improvement. Any street or other roadway, sidewalk, pedestrian way, tree, lawn, off-street parking area, drainage feature, or other facility for which the Town of Jamestown or other governmental entity is presently responsible, or will ultimately assume responsibility for maintenance and operation upon municipal acceptance.

(45)

Public informational meeting. A meeting of the planning commission, preceded by notice, open to the public and at which the public shall be heard.

(46)

Residential cluster development. A parcel of land on which single-family, two-family, multifamily dwellings are concentrated on a portion of the parcel. Lots are smaller with lesser dimensional requirements than otherwise permitted in the zoning district. Open space on the parcel is set aside for recreation, conservation, agricultural uses, or for preservation of valuable or sensitive features or structures.

(47)

Residential development. Development consisting entirely of single-family, duplex or multiple-family dwelling units. A dwelling unit is a structure or portion thereof providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation and containing a separate means of ingress and egress.

(48)

Resubdivision. Any change of an approved or recorded subdivision plat or in a lot recorded in the land evidence records, or that affects the lot lines of any areas reserved for public use, or that affects any map or plan legally recorded prior to the adoption of these regulations.

(49)

Right-of-way. An easement for the purpose of passing through, or crossing, property belonging to another.

(50)

Stormwater detention. A provision for storage of stormwater runoff and the controlled release of such runoff during and after a flood or storm.

(51)

Stormwater retention. A provision for storage of stormwater runoff.

(52)

Street. A public or private thoroughfare used, or intended to be used, for passage or travel by motor vehicles.

(53)

Street, access to. An adequate and permanent way of entering a lot. All lots of record shall have access to a public street for all vehicles normally associated with the uses permitted for that lot.

(54)

Street, limited access highway. A freeway or expressway providing for through traffic. Owners or occupants of abutting property and other persons have no legal right to access, except at such points and in such manner as may be determined by the public authority having jurisdiction over the highway.

(55)

Street, private. A thoroughfare established as a separate tract for the benefit of multiple, adjacent properties and meeting specific municipal improvement standards. Driveways are excluded from this definition.

(56)

Street, public. All public property reserved or dedicated for street traffic.

(57)

Street right-of-way. The entire area to be dedicated for street use, including the pavement or travel surface, and the areas on both sides of the pavement or travel surface that may be reserved for installation of sidewalks, utilities, drainage improvements or other purposes.

(58)

Street, stub. A portion of a street reserved to provide access to future development, which may provide for utility connections.

(59)

Street classification. A method of roadway organization which identifies a street hierarchy according to function within a road system, that is, types of vehicles served and anticipated volumes, for the purposes of promoting safety, efficient land use and the design character of neighborhoods and districts. Local classifications shall use the following as major categories:

Minor arterial. A public street that serves as an avenue for the circulation of traffic into, out of or around the town and carries relatively high volumes of traffic while also providing direct access to abutting properties.

Collector. A public street whose principal function is to carry traffic between local streets and arterial streets while also providing but that may also provide direct access to abutting properties.

Local. Public or private streets whose primary function is to provide access to abutting properties.

Minor. Public or private streets whose sole function is to provide access to abutting properties. Minor streets could be through, loop, cul-de-sac or shared driveway types.

(60)

Subdivider. A person who:

Having [Has] an interest in land, causes it, directly or indirectly, to be separated into two or more parts, or who;

Directly or indirectly, sells, leases or develops or offers to sell, lease or develop, or advertises to sell, lease or develop any interest, lot, parcel, site, unit, or plat in a subdivision, or who;

Engages directly or through an agent in the business of selling, leasing, developing, or offering for sale, lease, or development a subdivision of any interest, lot parcel, site, unit, or plat in a subdivision.

(61)

Subdivision. The division or redivision of a lot, tract, or parcel of land into two or more lots, tracts or parcels. Any adjustments to existing lot lines of a recorded lot by any means shall be considered a subdivision. All resubdivision activity shall be considered a subdivision. The division of property for purposes of financing constitutes a subdivision.

(62)

Vested rights. The right to initiate or continue the development of an approved project for a specified period of time, under the regulations that were in effect at the time of approval, even if, after the approval, the regulations change prior to completion of the project.

ARTICLE III. - GENERAL REQUIREMENTS#

General requirements. The requirements listed below shall be applicable to all subdivisions submitted for approval, unless otherwise specifically provided. Prior to approval of any subdivision or land development project, (if planning commission approval is required) the commission shall make positive findings on all of the standards listed below, as part of the proposed project's record. If a negative finding for any of these standards is made, the planning commission shall have grounds for denial of the project design.

Each subdivision shall be consistent with the requirements of the Jamestown Comprehensive Community Plan and/or shall satisfactorily address the issues where there may be inconsistencies.

Each lot in the subdivision shall conform to the standards and provisions of the Jamestown zoning ordinance [chapter 82]; provided, however, that lots not being created for the purpose of present or future development need not meet the area and other dimensional requirements of section 302 of the zoning ordinance [section 82-302 of the zoning ordinance printed as chapter 82 of the town Code of Ordinances] provided that:

A notation is shown on the recorded plat that the lot being created is not a buildable lot; and

A conservation or preservation restriction pursuant to G.L. 1956, § 34-39-1 et seq., as amended, is granted to the Town of Jamestown prohibiting any such present or future development.

In subdivisions requiring individual sewage disposal systems, no building lot shall be designed and located in such a manner as to require relief from article 3, section 308 of the zoning ordinance, [section 82-308 the zoning ordinance printed as chapter 82 of the town Code of Ordinances], as amended.

There shall be no significant negative environmental impacts from the proposed development as shown on the final plan, with all required conditions for approval.

Subdivision, as proposed, shall not result in the creation of individual lots with such physical constraints to development that building on those lots according to pertinent regulations and building standards would be impracticable. See [the] definition of Buildable lot. Lots with such physical constraints to development may be created only if identified as permanent open space or permanently reserved for a public purpose on the approved, recorded plans.

All proposed land developments and all subdivision lots shall have adequate and permanent physical access to a public street. Lot frontage on a public street without physical access shall not be considered compliance with this requirement.

Each subdivision shall provide for safe circulation of pedestrian and vehicular traffic, for adequate surface water runoff, for suitable building sites, and for preservation of natural, historical, or cultural features that contribute to the attractiveness of the community; and [sic]

The design and location of streets, building lots, utilities, drainage improvements and other improvements in each subdivision shall minimize flooding and soil erosion.

All lots shall have access to sufficient potable water for the intended use.

Required phasing of major land developments and major subdivisions.

When a major land development or major subdivision is submitted for master plan approval as provided in section C.4.c. of article V, the planning commission shall review the adequacy of existing and projected future public improvements, services and facilities which may be impacted by the proposed development in its entirety. If the planning commission determines that such improvements, services and facilities including, but not limited to, water supply, sewerage, streets and associated drainage facilities, schools, recreational facilities, and fire and police protection will not be adequate to serve the residents of the subdivision or development at the time of recording of the plat, the planning commission shall have the authority to establish a rate of development of the entire subdivision by requiring it to be built in phases.

When an application is submitted for master plan approval, the applicant shall submit to the applicable municipal, state or private agency as provided in the master plan checklist for major land developments and major subdivisions, a copy of the master plan narrative report for their review and comment. Each agency so notified by the applicant shall write its comments on a form to be provided to the applicant by the administrative officer. Comments shall be received from each agency prior to the date of the informational meeting. If comments are not received by the administrative officer by that date, it shall be assumed that the agency does not wish to comment. If the public informational meeting on the master plan and the public hearing on the preliminary plan are combined as provided in article V, section C.4.f.) all comments from reviewing agencies shall be received prior to the date of the public hearing.

Each department or agency to which such a request for comments is made shall deliver to the administrative officer a completed written form, and any supplementary material, which shall describe:

An estimate of the impact of the subdivision on the facilities and/or services provided by the department or agency;

Whether existing facilities and/or services are adequate to serve the subdivision's residents;

Whether plans for the necessary improvements to existing facilities and/or services are included in the town's capital improvement program or are otherwise planned; and

An estimate of how long it would take to provide any necessary improvements to existing facilities and/or services.

All such written forms and supplementary material shall be delivered to the administrative officer by the reviewing agency within the time limits prescribed.

Based on the responses received from the various departments and agencies, the planning commission shall establish, at the time of master plan approval, a rate of development of the entire subdivision or development that will permit residential construction only when improvements, services and facilities will be adequate to serve the residents of the subdivision or development. As part of such a growth rate plan, the planning commission may require that improvements be installed, or lots sold, in two or more phases.

If phasing is required, the planning commission shall approve the entire master plan first. Thereafter, the applicant shall be required to submit plans for preliminary and/or final review and/or approval indicating the development of the entire site in two or more phases as required by the planning commission in section B.4. of this article, above. In such review and approval, the commission may, in its discretion, impose conditions for determining the physical limits of phases, for allowing progression to additional phases, for allowing two or more phases to proceed in review or construction simultaneously, for interim public improvements or construction conditions, for changes to master or preliminary plans, and may include other provisions as necessitated by special conditions.

The master plan documents may contain information on the physical limits of the phases, the schedule and sequence of public improvement installation, improvement guarantees, and the work and completion schedules for approvals and construction of the phases.

Land unsuitable for development.

When calculating the number of residential building lots or units permitted on any parcel, land included in all of the following categories shall be considered unsuitable for development and shall be deducted from the minimum building acreage of the parcel:

Wetlands as defined in G.L. 1956, § 2-1-18 et seq., and intertidal salt marshes as defined by G.L. 1956, § 46-23-1 et seq. of said general laws as the same is or may be from time to time amended, and in any rules or regulations adopted pursuant thereto. For the purposes of delineating suitable land for the computation of the maximum number of dwelling units, land encompassed by any setback requirement or banks, as set forth in G.L. 1956, § 2-1-18 et seq. and G.L. 1956, § 46-23-1 et seq. of the general laws, need not be excluded from consideration as developable land area.

Land located within zone A8 as shown on the Town of Jamestown Flood Insurance Rate Map, and any revisions thereto.

An area of the tract proposed to be developed equal to: 20 percent of that portion of a tract which is located in an R-20 district; ten percent of that portion of a tract which is located in an R-40 district; and five percent of the portion of a tract which is located in an RR-80 district, as an allowance for public streets or in the alternative the area of any public street rights-of-way actually designed for the proposed dwelling project in accordance with applicable subdivision regulations.

Land described in subsection 1(a), 1(b), and 1(c), [c.1.a., 1.b., and 1.c.] above, may be included as part of any lot in any subdivision or land development project; provided, however, that land unsuitable for development shall not be counted toward the minimum lot size required in section 302 of the zoning ordinance [section 82-302 of the zoning ordinance printed as chapter 82 of the town Code of Ordinances].

Dedication of land for public purposes.

Subdivider must provide recreation/park space. The planning commission shall require all land developments and subdivisions subject to the provisions of these regulations to dedicate a portion of the land being subdivided for the purpose of providing park and recreational land and/or facilities to serve present and future residents of the proposed land development or subdivision. The planning commission may, in its discretion, require the payment of a fee in-lieu-of land dedication, or a combination of land dedication and payment of a fee, as an alternative to the dedication of land.

Relationship to comprehensive plan. No dedication of land to the public or payments in lieu of such dedications shall be required unless the need for such is documented in the adopted plans of the town, i.e., the comprehensive community plan, the local recreation, conservation and open space plan, or the capital improvement program (CIP). The requirement for dedication of land for park and recreation facilities shall be based upon the policies and standards set forth in the above plans and shall reflect the character defined by the comprehensive community plan for the neighborhood or district in which the subdivision is located. The nature of the land dedication must reflect the character of the land being subdivided and must be suitable for the intended use. If payments in lieu of land dedication are required, they must be kept in a restricted account and shall only be spent for the intended purpose of providing park and/or recreational facilities.

Amount of land to be dedicated. The minimum amount of land to be dedicated shall be based upon the following formula:

Amount of dedicated land (acres) = Maximum No. of DU's in the subdivision (1) × Persons per DU (2) × Land need (3)DU = Dwelling Units

The maximum number of dwelling units in all phases of the land development project or subdivision.

Persons per dwelling unit. See subsection 8 below.

Land need. See subsection 7 below.

Ownership of land. Land dedications required by this section may be made by transfer of fee simple ownership to the following:

The Town of Jamestown;

A private homeowner's association;

A private not-for-profit corporation or organization.

Fees in lieu of land dedication. Where a fee is required by the planning commission to be paid in lieu of land dedication, the amount of such fee shall be based on the fair market value of the amount of land which would otherwise be required to be dedicated under subsection D.3 hereof. The amount of such fee shall be determined by the following formula:

Fee in lieu of Dedication = Area of Dedicated Land Required (1) × Fair Market Value of Land (2)

Land required as per subsection D.3 of this article.

Fair market value of land in the parcel being subdivided after subdivision approval has been granted, and which is suitable for use as open space, conservation, park and recreation facilities. See subsection 6 below.

Fair market value. Fair market value of the land, assuming subdivision approval has been granted, shall be determined at the time of filing of the final plan in accordance with the following:

Annual review by the Jamestown Tax Assessor of all sales of vacant lots of at least 10,000 square feet in [the] town, assuming all subdivision improvements have been made and infrastructure is in place;

If the subdivider objects to such amount of evaluation, he may, at his own expense, obtain an appraisal of the property by a qualified real estate appraiser which appraisal may be accepted by the planning commission if found to be reasonable; or

The planning commission and subdivider may agree as to the fair market value.

Land need. The actual need for park and recreation space land as expressed in acres per 1,000 population in the comprehensive community plan. The 1990 town-wide need is ten acres per 1,000 population.

Persons per dwelling unit. The applicant may provide an estimate of the projected number of persons per dwelling unit (D.U.) in the proposed land development project or subdivision and shall state the basis for such estimate. The planning commission shall review and approve of such estimate. Otherwise, the figure of 2.53 persons per household from the 1990 census shall be used.

Time of dedication or payment. All land dedications required by this section shall be made at the time of recording of the plat.

ARTICLE IV. - SPECIAL REQUIREMENTS#

Residential cluster developments.

Definition and purpose. A residential cluster development (RCD) is a parcel of land on which single-family, two-family or multifamily dwellings are concentrated on a portion of the parcel. Lots are smaller with lesser dimensional requirements than otherwise permitted in the zoning district. Open space on the parcel is set aside for recreation, conservation, [and] agricultural uses or for preservation of valuable or sensitive features or structures. The overall residential density on the parcel shall not exceed that permitted in the zoning district. Residential cluster developments are intended to promote the health, safety and welfare of the residents of Jamestown by encouraging harmonious, efficient and convenient living environments and communities; increasing housing opportunities by increasing variety in residential housing types and design; facilitating the economical and efficient provision of necessary community services, recreational facilities and open space; preserving features and sites that have natural, ecological, cultural, historical, agricultural, scenic or other interest or value; and encouraging innovative residential design. Residential cluster developments are required for all subdivisions of five lots or more.

Uses, lot area and dimensional regulations. The permitted uses, minimum lot sizes and dimensional regulations applicable to residential cluster development shall be those provided in the zoning ordinance [chapter 82].

Density calculation. The maximum number of dwelling units in a residential cluster development shall be determined by the following method:

Land unsuitable for development, as the term is defined in article II of these regulations, shall be subtracted from the total acreage of the parcel.

The remaining acreage of the parcel shall be divided by the minimum lot size for standard subdivision lots in the zoning district where the parcel is located, as provided in section 302 of the zoning ordinance [section 82-302 of the zoning ordinance printed as chapter 82 of the town Code of Ordinances].

The resulting figure is the maximum number of dwelling units permitted. Fractions shall be rounded downward to the next lower whole number.

Open space.

Open space may be owned by the Town of Jamestown, the residents of the development, or by a not-for-profit corporation or organization; provided, however, that the following conditions shall apply:

(1)

All open space shall be protected against further development; and unauthorized alteration in perpetuity by appropriate deed restrictions, and by the grant of a conservation or preservation restriction to the Town of Jamestown, pursuant to G.L. 1956, § 34-39-1 et seq., as amended, and the planning commission shall approve the form and content of any such restrictions at the time of final approval of the subdivision.

(2)

The perpetual maintenance of all open space shall be guaranteed by appropriate deed restrictions, and by the grant of a conservation or preservation restriction to the Town of Jamestown, pursuant to G.L. 1956, § 34-39-1 et seq. as amended, and the planning commission shall approve the form and content of any such restrictions at the time of final approval of the subdivision. The restrictions shall contain the following provision:

If the owners, or their successors or assigns fail to maintain the open space, the Town of Jamestown 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.

The planning commission shall specifically authorize plans for the use of all open space areas within any RCD. Areas proposed to fulfill the minimum open space requirement within an RCD shall not be excavated or regraded nor shall any disturbance be made to the natural contours of the land nor shall any existing natural vegetation be removed or any natural or manmade features altered in any way except as is needed for recreation or conservation purposes or for forestry or wildlife habitat or for ISDS or well location as specifically authorized by the planning commission. The planning commission shall require final construction plans to show proposed open space use(s) and alterations required as a condition of final approval.

Streets, sidewalks and other improvements. Streets, sidewalks and associated rights-of-way for the installation of utilities shall be owned by the Town of Jamestown or the homeowners' association and shall be constructed according to the applicable specifications for streets contained in sections XIII and XIV of these regulations.

Drainage facilities. Stormwater drainage facilities, including aboveground detention or retention areas and their associated conveyance ditches or channels, may be located within designated open space areas within residential cluster developments. Approval of placement of these facilities is contingent upon planning commission approval and providing that the minimum required open space area is met; provided, however, that the planning commission may prohibit any drainage facilities within required open space areas if it finds that such facilities are in conflict with the intent and purpose of the RCD as stated in section A.1. of this article or with the general purposes of these regulations. When drainage facilities are located within open space areas, they shall be privately owned and maintained and a drainage easement shall be granted to the town, where applicable. When drainage facilities are not located within the street right-of-way or within open space areas, they shall be located on a lot or lots specifically set aside for that purpose and shall be owned and maintained by the Town of Jamestown.

Parking areas and rubbish disposal areas. Parking areas and rubbish disposal areas accessory to any structure located in a cluster development shall not be located in any open space lot, and shall be owned and maintained in common by the owner or owners of the structure. Rubbish disposal areas shall be screened.

Alternative to cluster development. A conventional subdivision shall be allowed by the planning commission only when a subdivider can demonstrate to the commission, at the public information meeting on the master plan, that such a development would be a better use of the land than a cluster subdivision and is in the best interests of the residents of Jamestown. If a conventional design is sought by the subdivider, the planning commission shall require that the subdivider provide an alternative plan for developing the plat as a conventional subdivision, and supply other documents and studies as may be deemed necessary by the commission. Plans shall be schematic in nature. As part of the master plan consideration, the planning commission may then disallow the cluster design, but may allow the applicant to proceed at the preliminary plat stage with another form of subdivision, including, but not limited to, an alternative RCD design, or a conventional design, based upon the planning commission's design suggestions.

Minor subdivision involving no street creation or extension. Any subdivision of a parcel of land into at least two, but no more than five, lots for the purpose of development, all of which have frontage on a public street, which meet all applicable area and dimensional requirements of the zoning ordinance [chapter 82 of the town Code of Ordinances], but which do not require the extension or creation of a street shall be considered to be a minor subdivision and shall be reviewed according to the applicable provisions of article V, section C.3., and section C.1 or C.2. of this article below.

Subdivisions described above which create more than five lots for the purpose of development shall be considered to be a major subdivision, and shall be reviewed according to the provisions of article V, section C.4.

Minor subdivisions involving the creation of two lots. Minor subdivisions described above involving the creation of no more than two lots (one original lot plus one new lot) shall first be reviewed by the technical review committee in accordance with the procedure established in article V, section C.3.d.). The applicant shall be required to submit to the administrative officer all plans and supporting materials as required by the preliminary plat checklist for minor subdivisions (see appendix A.3.). If the technical review committee determines that the parcel being subdivided has the potential under the existing applicable zoning regulations to be developed for no more than two lots (one original lot plus one new lot), the application shall be forwarded to the planning commission with a recommendation for preliminary approval without further review as provided in article V, section C.3.d.(1)); provided, however, that the committee, in forwarding the application to the planning commission, may also recommend conditions for approval as provided in subsection b. of this section, entitled "Lot Development Standards," below. Any further subdivision of either of the two lots created hereunder at any time after the effective date of these regulations, whether immediate or future, shall be considered to be a minor subdivision of three or more lots or a major subdivision and shall be reviewed under the applicable provisions of these regulations. The option of land dedication in lieu of fees, as provided by article III, section D.5. of these regulations shall not be applicable to minor subdivisions involving the creation of two lots pursuant to this subsection. The subdivider shall be required to pay a fee in lieu of land dedication.

Criteria for review. The following criteria shall be used by the technical review committee and planning commission in their review of any two-lot minor subdivision:

(1)

Potential for further subdivision. The planning commission shall consider whether the parcel being subdivided has the potential for further subdivision under current applicable zoning regulations. If it has such potential, the technical review committee and the planning commission shall consider the impacts from such future development in their review of the proposed subdivision and may impose any or all of the lot development standards provided in [sub]section [B.1.]b. below as necessary to mitigate such impacts.

(2)

Adequacy of the street on which the proposed lots front.

(a)

The lots must be provided with access to a street which is adequate for access for vehicular traffic; and

(b)

The frontage must provide safe and adequate access to a public street.

(3)

Adequacy of the access from the lots onto the street.

(a)

The lots must be accessible by the fire department, police department and other agencies charged with protection of the public peace, safety and welfare; and

(b)

The lots must be physically accessible from the street upon which it fronts i.e., they cannot be isolated by topographic or natural features which prevent adequate physical access from the street.

(4)

Conformity to zoning. The proposed lots must be in conformity with all applicable zoning ordinance requirements.

(5)

Relationship to adjacent or nearby uses. The proposed lots and access thereto shall be designed so as to minimize conflict with existing adjacent uses, driveways, buildings or other structures, streets, intersections, hills, curves or other similar existing features.

Lot development standards. Standards which may be recommended by the technical review committee to be imposed by the planning commission on any two-lot minor subdivision as a condition of approval may include the following:

(1)

The location of the proposed access driveway along the road frontage may be modified or relocated;

(2)

The proposed number of access driveways onto any street from any lot or group of lots may be modified or limited;

(3)

Driveways of adjacent lots, or groups of contiguous lots may be combined and the use of common driveways may be required where feasible;

(4)

Screening/buffering/landscaping of the lot and/or driveway from adjacent public streets may be required;

(5)

Preservation of any existing unique natural and/or historic features such as trees or stone walls may be required; or

(6)

Provisions may be made for ensuring adequate sight distances from the proposed access driveway along adjacent public streets in order to alleviate any potentially hazardous situation.

Minor subdivisions involving the creation of three to five lots. Minor subdivisions described in section B. above involving the creation of three, four or five lots for the purpose of development shall first be reviewed by the technical review committee in accordance with the procedure established in article V, section C.3.d. The applicant shall be required to submit to the administrative officer all plans and supporting materials as required by the preliminary plat checklist for minor subdivisions (see article XV [XIV appendix A.3 (checklists)]). Any further subdivision of any lot(s) at any time after the effective date of these regulations, whether immediate or future, so as to create a total of six lots or more from the original lot, after the effective date of adoption of these regulations shall be considered to be a major subdivision and shall be reviewed under the provision of article V, section C.4.

Criteria for review. In their review of any three- to five-lot minor subdivision, the technical review committee and planning commission shall use the same criteria for review of a two-lot minor subdivision involving no street creation or extension as provided in section 1.a., entitled "Criteria for Review" above. In addition, the committee and planning commission may also consider the following:

(1)

Preservation of agricultural land. The preservation of land in agricultural use or which contains prime farmland or farmland of statewide importance soils shall be maximized wherever possible by means of clustering lots and/or buildings on portions of the parcel being subdivided which are not being used for agriculture or which are not suitable for agricultural use.

(2)

Areas of secondary importance. In addition to the land unsuitable for development, the developer shall also note the location of any of the following natural and cultural features of the landscape: mature woodlands, significant wildlife habitats, prime farmland or open meadows and their defining tree lines/ hedgerows and/or stonewalls, historic structures or community landmarks, and scenic views to, from or within the property. These features add character and value to the community and help maintain the rural character. Efforts shall be made by the developer to minimize adverse impacts to these areas by use of design which is sensitive to existing site conditions.

(3)

Feasibility of internal access streets. Wherever possible and practical, the lots shall be developed on remaining portions of the parcel being subdivided so as to avoid creation of individual lots having direct frontage on an existing public arterial or collector street. In such cases, the technical review committee shall require the applicant to submit alternative plans to demonstrate the feasibility of creating other types of subdivisions, such as a three- to five-lot minor subdivision with an internal street, residential cluster development or a conventional subdivision. If the planning commission determines that such development is feasible and practical, the creation of frontage lots shall be prohibited, and the applicant shall be required to develop the property in an alternative fashion.

Lot development standards. If the creation of three to five frontage lots is not prohibited under the provisions of [subsection] 2.a.(3) above, the planning commission shall review the proposed frontage lots as a three- to five-lot minor subdivision. Standards which may be recommended by the technical review committee to be imposed by the planning commission as a condition of approval of any three- to five-lot minor subdivision involving no street creation or extension may include the following:

(1)

Any of the standards for the development of a two-lot minor subdivision as provided in [sub]section 1.b(1)—(6) above, plus any of the following:

(2)

Improvements to the street on which the proposed lot(s) front(s) may be required in order to provide safe vehicular access; provided, however, that the standards for construction or upgrading of any such access street(s) shall not exceed those standards required by article XIII of these subdivision regulations for construction of streets in minor subdivisions.

(3)

Provisions shall be made for construction of a private street to provide vehicular access to multiple frontage lots from a common access point (or points) on to the public street on which the lots front. Minimum standards for the design and construction of such service roads may be imposed by the planning commission in order to provide safe vehicular access; provided, however, that such standards shall not exceed those standards required by article XIII of these regulations for construction of streets in minor subdivisions.

(4)

Easements may be required to be granted to the town to prohibit individual driveway access from lots onto frontage streets if adequate provision is made for access from individual lots to service roads required in [subsection 2.b.](3) above.

(5)

Provisions may be made for incorporating proposed frontage lots into future subdivision of contiguous land, if such future subdivision is determined to be feasible by the planning commission. Such provisions may include the following:

(a)

Preparation of a concept plan to indicate future access to and development of residual land contiguous to proposed frontage lots;

(b)

Reservation of land or easements to provide for future access from access streets to contiguous land.

Minor subdivisions involving street creation or extension. Any subdivision of a parcel of land into at least two, but no more than five, lots for the purpose of development and which requires the creation or extension of a public or private street shall be considered a minor subdivision and shall be reviewed by the planning commission in accordance with the procedures set forth in article V, section C.3. Standards for the design and required improvements of such minor subdivisions shall be as follows:

Creation or extension of a public street. Any minor subdivision which proposes the creation or extension of a public street shall be required to meet the design improvement standards for public streets as provided in article XIII.

Creation or extension of a private street.

Land being subdivided pursuant to this subsection (C.2.) shall have frontage on a street which has been officially accepted for ownership and maintenance by the Town of Jamestown or the State of Rhode Island. The minimum required frontage shall be equal to 50 percent of the minimum required lot width (frontage) required for single-family dwellings in section 302 of the zoning ordinance [section 82-302 of the zoning ordinance printed as chapter 82 of the town Code of Ordinances] for the zoning district in which the subdivision is located. All lots in the subdivision shall be served by a private street connecting directly to the public street as herein defined at the point where said frontage is located.

Any lot created pursuant to this subsection shall meet the minimum lot area, frontage and dimensional requirements of section 302 of the zoning ordinance [section 82-302 of the zoning ordinance printed as chapter 82 of the town Code of Ordinances]. The area of the private street shall not be included in the calculation of the minimum required area of any lot.

As a condition of final approval, the subdivider shall be required to record a covenant, binding on his successors and assigns, that the Town of Jamestown shall not be asked or required to accept or maintain the private streets within the parcel that do not meet the engineering and design requirements for town-accepted streets, for a minimum of 99 years from the date of recording; or, if only a lesser period is legally enforceable, for that period with as many automatic renewals as are necessary to total 99 years.

The option of land dedication in lieu of fees, as provided by article III, section D. of these regulations shall not be available to minor subdivisions created pursuant to this subsection (C.2.). The subdivider shall be required to pay a fee in lieu of land dedication.

Street design and improvement standards shall be as provided in article XIII for local or minor streets. Where common driveways are required for two-lot minor subdivisions, there are no minimum improvement standards for the driveway established in these regulations; provided, however, that the planning commission may prohibit individual driveway access on to the public street and require that a 20-foot-wide right-of-way or access easement for a common driveway be created.

Provisions for future access. In minor subdivisions of three to five lots, the commission may require a street right-of-way width up to 50 feet, if it is determined by the commission that the potential for additional development on adjacent property exists and that access through the minor subdivision to such adjacent property is necessary or desirable.

ARTICLE V. - PROCEDURE FOR REVIEW AND APPROVAL OF PLATS AND PLANS#

General requirements.

The planning commission shall consider each application for subdivision approval according to the procedure set forth in this section, unless otherwise specifically provided.

An applicant for subdivision approval who wishes the planning commission to take some official action on his or her application shall submit all of the materials required by the applicable section of appendix A of these regulations (checklists) to the administrative officer. If the requested action is not applicable under any of the checklists provided in appendix A, such as a request for an extension of an approval, the applicant shall submit a written request to the administrative officer describing the requested action to be taken by the planning commission. The matter will be placed on the next available agenda of the planning commission only if the administrative officer determines that all of the required material has been submitted and only after a certificate of completeness has been issued in accordance with the applicable provisions of these regulations.

Any submission of materials to the administrative officer shall be accompanied by a cover letter or letter of transmittal indicating the date, the materials being submitted and the requested action. No materials shall be accepted by the administrative officer without said cover letter. Upon receipt of any materials, the administrative officer shall stamp the date of receipt upon them.

If an application for subdivision approval is made by someone other than the owner of the land being subdivided, the applicant shall submit a notarized written statement from the owner authorizing such application.

Certification of a complete application. An application shall be complete for purposes of commencing the applicable time period for action when so certified by the administrative officer. Certification of a complete application shall be made in writing by the administrative officer upon a form entitled certificate of completeness. A copy of said certificate shall be provided to the applicant. In the event such certification of the application is not made within the time specified in these regulations for the type of plan being proposed, the application shall be deemed complete for purposes of commencing the review period unless the application lacks information required for such applications as specified in appendix A (checklists), and the administrative officer has notified the applicant, in writing, of the deficiencies in the application.

Notwithstanding the paragraph above, the planning commission may subsequently require the applicant to correct any information found to be in error and/or to submit additional information specified in the regulations but not required by the administrative officer prior to certification, as is necessary to make an informed decision.

Where review is postponed with the consent of the applicant, pending further information or revision of information, the time period for review shall be stayed and shall resume when the planning commission determines that the required application information is complete.

For the purposes of calculating mandatory review periods as provided in these regulations, all days shall be considered to be calendar days.

Procedure for approval. The planning commission shall consider applications for subdivision approval according to the following procedures:

Preapplication meetings and concept review.

An applicant wishing to obtain subdivision approval shall first contact the administrative officer to arrange a meeting with the planning department and other town staff. At the staff meeting, the applicant and planning staff shall determine if a preapplication meeting with the planning commission is required by these regulations or is desired by either the applicant or the town.

If a preapplication meeting is required or requested, the applicant shall submit all the information required by the checklist for preapplication meetings and concept review in appendix A.2. The planning staff will review and comment on the checklist information and, if determined to be complete, will schedule the applicant to appear before the planning commission.

If no preapplication meeting is required or requested, the applicant will be advised by the administrative officer as to the requirements of the subdivision regulations and the procedure to be followed by the applicant for subdivision approval.

One or more preapplication meetings shall be held before the planning commission for all major land development or subdivision applications. Preapplication meetings may be held for administrative subdivisions and minor land development and minor subdivision applications, upon request of either the town, acting through the planning department, or the applicant. Preapplication meetings shall allow the applicant to meet with the planning commission for advice as to the required steps in the subdivision approval process. Where appropriate, town officials, boards and/or commissions, planning staff and state agencies shall be notified of the preapplication meetings and invited to provide comments on the proposed subdivision or land development plan.

At the preapplication stage of an application, the applicant may request the planning commission or the technical review committee for an informal concept plan review for a development. The purpose of the concept plan review is also to provide the applicant with planning commission or technical review committee input in the formative stages of subdivision and land development concept design.

Preapplication meetings shall aim to encourage information sharing and discussion of project concepts among the participants. Preapplication 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 commission 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. Preapplication discussions are intended for the guidance of the applicant and shall not be considered approval of a project or of any of its elements. No formal action need be taken by the planning commission at the preapplication meeting.

Administrative subdivision.

Any applicant requesting approval of a proposed administrative subdivision as herein defined shall submit to the administrative officer the items required by the checklist for administrative subdivisions in appendix A.1.

The application shall be certified as complete or incomplete by the administrative officer within a 15-day period from the date of its submission according to the provisions of section B. of this article.

Within 15 days of certification of completeness, the administrative officer or technical review committee shall review the application and approve, deny, or refer it to the planning commission with recommendations. The officer or committee shall report its actions to the planning commission at its next regular meeting to be made part of the record. If no action is taken by the administrative officer or technical review committee, within the 15-day mandatory review period, the application shall be placed on the agenda of the next regular planning commission meeting.

If referred to the planning commission, the commission shall consider the application and the recommendations of the administrative officer and/or the technical review committee and shall either approve, approve with conditions, or deny the application within 65 days of the certification of completeness. Failure of the planning commission to act within the period prescribed shall constitute approval of the administrative subdivision plan and a certificate of the administrative officer as to the failure of the planning commission 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 and/or the technical review committee shall not be appealable and shall require the plan to be submitted as a minor subdivision application.

Approval of an administrative subdivision shall expire 90 days from the date of approval unless within such period of time a plat in conformity with such approval is submitted for signature and recording as provided in article VI.

Minor land development and minor subdivision.

Review stages. Minor plan review shall consist of at least two stages: (1) preliminary; and (2) final. A preapplication meeting may also be held as provided in section C.1. of this article. The planning commission may vote to combine the approval stages, provided that requirements for all stages so combined have been met by the applicant to the satisfaction of the planning commission.

Submission requirements. Any applicant requesting approval of a proposed minor subdivision or minor land development, as defined in these regulations, shall submit to the administrative officer the plans and supporting materials provided in the preliminary plat checklist for minor land development and minor subdivision as provided in appendix A.3.

Certification of preliminary plat. The application shall be certified complete or incomplete by the administrative officer within 25 days of its receipt according to the provisions of section B. of this article.

Technical review committee. The technical review committee shall review the preliminary plan application and shall comment and make recommendations to the planning commission. When reviewed by the technical review committee:

(1)

If the land development or subdivision plan is approved by a majority vote of the committee members, the application shall be forwarded to the planning commission with a recommendation for preliminary plan approval without further review; or

(2)

If the plan is not approved by a majority vote of the committee members, the application shall be referred to the planning commission for their decision on the application.

Reassignment to major review. The planning commission may reassign a proposed minor land development or minor subdivision to major review only when the planning commission is unable to make the positive findings required in article III, section A.

Decision (no street extension or creation). If no street extension or creation is required, the planning commission shall approve, deny, or approve with conditions the preliminary plan within 65 days of the issuance of the certificate of completeness by the administrative officer as provided in subsection c. of this section, above; provided, however, that if an extension of time is agreed to by the applicant and the commission as provided in section B. of this article, this time period shall be stayed.

Decision (street extension or creation). If a street extension or creation is required, the planning commission shall hold a public hearing prior to any action according to the requirements set forth in section C.4.r. and s. of this article. The planning commission shall approve, deny, or approve with conditions the preliminary plan within 95 days of the issuance of the certificate of completeness by the administrative officer as provided in subsection c. of this section, above; provided, however, that if an extension of time is agreed to by the applicant and the commission as provided in section B. of this article, this time period shall be stayed.

Failure to act. Failure of the planning commission to act within the period prescribed in subsection f. or g. of this section shall constitute approval of the preliminary plan and written certification from the administrative officer as to the failure of the planning commission to act within the required time and the resulting approval shall be issued on request of the applicant.

Final plan. The planning commission shall delegate final plan review and approval to the administrative officer, unless it elects to review the final plan itself. When the review and approval of the final plan is delegated to the administrative officer, the administrative officer shall report its actions to the planning commission at its next regular meeting to be made part of the record.

Expiration of approval. Approval of a minor land development or subdivision plan shall expire 90 days from the date of final approval unless within such period a plat or plan in conformity with such approval, and as defined in article II, is submitted for signature and recording as specified in article VI. Validity may be extended for a longer period for cause shown, if requested by the applicant in writing, and approved by the planning commission.

Major land development and major subdivision.

Review stages. Major plan review shall consist of four stages of review:

(1)

Preapplication meeting(s);

(2)

Master plan;

(3)

Preliminary plan; and

(4)

Final plan.

Also required is a public informational meeting and a public hearing. The planning commission may vote to combine review stages and to modify and/or waive requirements as specified in article VIII. Review stages may be combined only after the planning commission determines that all necessary requirements for all stages so combined have been met by the applicant.

Submission requirements; preapplication. Any applicant requesting approval of a proposed major subdivision or major land development, as defined in these regulations, shall first submit to the administrative officer the plans and supporting materials provided in the preapplication meetings and concept review checklist for major land development and major subdivision as provided in appendix A.2. The procedure and criteria for preapplication meetings and concept review as provided in section C.1. of this article shall apply. At the conclusion of the preapplication meeting(s), the applicant may proceed to the master plan stage of review.

Submission requirements; master plan. Any applicant requesting approval of a proposed major subdivision or major land development, as defined in these regulations, shall first submit to the administrative officer the plans and supporting materials provided in the master plan checklist for major land development and major subdivision as provided in appendix A.5. The purpose of the master plan stage of review is to provide the applicant with the opportunity to present an overall plan for a proposed project site outlining general, rather than detailed, development intentions. The master plan describes the basic parameters of a major development proposal, rather than giving full engineering details. Initial comments on the master plan shall be solicited from local agencies, adjacent communities, state agencies, and federal agencies, as required in the master plan checklist. The administrative officer shall coordinate review and comments by participating agencies.

Certification of master plan application. The application shall be certified complete or incomplete by the administrative officer within 90 days of its receipt according to the provisions of section B. of this article.

Technical review committee. The technical review committee shall review the application for master plan approval and shall comment and make recommendations to the planning commission within the time limits for planning commission action as stated in section 4.g. of this article.

Informational meeting. A public informational meeting shall be held prior to the planning commission decision on the master plan, unless the master plan and preliminary plan approvals are being combined, in which case the public informational meeting shall be optional, based on planning commission determination. In such case, review stages may be combined only after the planning commission determines that all necessary requirements for all stages so combined have been met by the applicant.

(1)

Public notice for the informational meeting is required and shall be given at least seven days prior to the date of the meeting in a newspaper of general circulation within the town. Postcard notice shall be mailed by the applicant to all property owners within the notice area. The notice area for informational meetings shall be as specified in subsections [4.]r. and s. of this section, below.

(2)

At the public informational meeting, the applicant, or his or her representative(s), shall present the proposed development project for the benefit of the planning commission and the public. The planning commission shall allow oral and written comments from the general public. All public comments shall be made part of the public record of the project application.

Decision. The planning commission shall, within 120 days of certification of completeness of the master plan application as provided in section C.4.d. of this article, or within such further time as may be consented to by the applicant as provided in section B. of this article, approve of the master plan as submitted, approve with changes and/or conditions, or deny the application according to the requirements of section E. of article XI.

Failure to act. Failure of the planning commission to act within the period prescribed in subsection 4.g. of this section shall constitute approval of the master plan and written certification from the administrative officer as to the failure of the planning commission to act within the required time and the resulting approval shall be issued on request of the applicant.

Expiration of master plan approval. Approval of a major land development or major subdivision master plan shall expire one year from the date of final approval. Vesting may be extended for a period of one additional year, for good cause shown, if requested by the applicant in writing, and approved by the planning commission. The applicant, or his or her representative(s) shall appear before the planning commission for the annual review. Vesting may be extended for a period beyond one year, for good cause shown, if requested by the applicant in writing, and approved by the planning commission. Master plan vesting shall include any applicable provisions of the zoning ordinance [chapter 82] that were in place at the time of approval, conceptual layout and all conditions shown on the approved master plan drawings and supporting materials. The initial vesting for the approved master plan shall constitute the vested rights for the development as required in G.L. 1956, § 45-24-44 of the Rhode Island Zoning Enabling Act of 1991.

Submission requirements; preliminary plan. Any applicant requesting approval of a proposed major subdivision or major land development, as defined in these regulations, shall first submit to the administrative officer the plans and supporting materials provided in the preliminary plat checklist for major land developments and major subdivisions as provided in appendix A.6.

Certification of preliminary plan application. The application shall be certified complete or incomplete by the administrative officer within 60 days of its receipt according to the provisions of section B. of this article.

Technical review committee. The technical review committee shall review the application for preliminary plan approval and shall comment and make recommendations to the planning commission within the time limits for planning commission action as stated in section 4.o. of this article, below.

Public hearing. Prior to a planning commission decision on the preliminary plan, a public hearing, which adheres to the requirements for notice described in [sub]sections 4.r. and s. of this article [section] must be held.

Public improvement guarantees. Proposed arrangements for completion of the required public improvements, including construction schedule and/or financial guarantees, shall be reviewed and approved by the planning commission at the time of preliminary plan approval.

Decision. The planning commission shall, within 120 days of certification of completeness of the preliminary plan application as provided in section C.4.k. of this article, or within such further time as may be consented to by the applicant as provided in section B. of this article, approve of the preliminary plan as submitted, approve with changes and/or conditions, or deny the application according to the requirements of section E. of article XI.

Failure to act. Failure of the planning commission to act within the period prescribed in section C.4.o. of this article shall constitute approval of the preliminary plan and written certification from the administrative officer as to the failure of the planning commission to act within the required time and the resulting approval shall be issued on request of the applicant.

Expiration of preliminary approval. The approved preliminary plan shall be vested for a period of one year and vesting may be extended for a longer period, for good cause shown, if requested in writing by the applicant and approved by the planning commission. The vesting for the preliminary plan approval shall include all general and specific conditions as shown on the approved preliminary plan drawings and supporting material.

Public hearing and notice requirements. A public hearing on the preliminary plan shall be required for a major land development project or a major subdivision, or where a street extension or creation requires a public hearing for a minor land development project or minor subdivision. Public notice of the hearing shall be given at least 14 days prior to the date of the hearing in a newspaper of general circulation in the town. Newspaper ads shall be printed in the legal section of the classifieds using a type size at least as large as the normal type size used by the newspaper in its news articles and shall contain the information specified below. Written notice shall also be sent by the applicant, upon forms to be provided to the applicant by the town, to each owner of property within the notice areas as specified in subsection [4.]s. of this section, below. The applicant shall receive a copy of the notice from the planning department. Notice shall be mailed by certified mail, return receipt requested, not less than ten days prior to the date of the hearing. As proof of such mailing, a copy of all return receipts shall be provided to the planning department by the applicant prior to or at the time of the public hearing. All mail and newspaper notices required by this subsection shall specify:

(1)

The date, time and place of public hearing;

(2)

The assessor's plat and lot number of the subject property;

(3)

The street address of the subject property, or if no street address is available, the name of the street(s) on which or near which the subject property is located and the distance and direction from the nearest existing street intersection in tenths of a mile;

(4)

Advise interested parties where and when a copy of the plans of the proposed major subdivision or major land development project may be examined; and

(5)

Contain a statement that the proposed major subdivision or major land development project may be revised by the planning commission as a result of further study or because of the views expressed at the public hearing.

Notice area. The distance for notice of the public hearing shall be 200 feet from the perimeter of the parcel being subdivided in all zoning districts except RR-80 and RR-200, in which zoning districts the distance for notice of the public hearing shall be 300 feet. The applicant is responsible for determining the correct names and addresses of all property owners required to be notified and shall[,] at a minimum, be as accurate as the most current names and addresses listed by the tax assessor. The cost of all such mail notice shall be borne by the applicant.

Submission requirements; final plan. Any applicant requesting final approval of a proposed major subdivision or major land development, as defined in these regulations, shall first submit to the administrative officer the plans and supporting materials required by the final plat checklist for major land development and major subdivision, as provided in appendix A.7., in addition to any material required by the planning commission when the application was given preliminary approval.

Certification of final plat. The application for final plan approval shall be certified complete or incomplete by the administrative officer within 45 days of its receipt according to the provisions of section B. of this article. If the administrative officer certifies the application as complete and does not require submission to the planning commission as per subsection [4.]v. of this section below, the final plan shall be considered approved.

Referral to the planning commission. If the administrative officer determines that an application for final approval does not meet the requirements set by these subdivision regulations or by any other local regulations, or by the planning commission at preliminary approval, the administrative officer shall refer the final plans to the planning commission for review. The planning commission shall, within 45 days after the issuance of the certificate of completeness of the application for final plan approval by the administrative officer in subsection [4.]u. of this section, or within such further time as may be consented to by the applicant, approve or deny the final plan as submitted.

Failure to act. Failure of the planning commission to act within the period prescribed in subsection [4.]v. of this section shall constitute approval of the final plan and a certificate of the administrative officer as to the failure of the planning commission to act within the required time and the resulting approval shall be issued on request of the applicant.

Recording. The final plan of a major subdivision or land development project shall expire one year from the date of approval by the planning commission in subsection [4.]v. [of this section] or by the administrative officer in subsections [4.]u. or w. of this section unless, within that period, the plat or plan shall have been submitted for signature and recording as specified in article VI. The planning commission may, for good cause shown, extend the period for recording for an additional period, if requested by the applicant in writing.

Precedence of approvals between planning commission and other local permitting authorities.

Zoning board of review.

Where an applicant requires both a variance from the zoning ordinance [chapter 82] and planning commission approval, the applicant shall first obtain an advisory recommendation from the planning commission, as well as conditional planning commission approval for the first approval stage for the proposed project, which may be simultaneous, then obtain conditional zoning board relief, and then return to the planning commission for subsequent required approval(s).

Where an applicant requires both a special use permit under the zoning ordinance [chapter 82] and planning commission approval, the applicant shall first obtain an advisory recommendation from the planning commission, as well as conditional planning commission approval for the first approval stage for the proposed project, which may be simultaneous, then obtain a conditional special use permit from the zoning board, and then return to the planning commission for subsequent required approval(s).

Town council. Where an applicant requires both planning commission approval and town council approval for a zoning ordinance [chapter 82] or zoning map change, the applicant shall first obtain an advisory recommendation on the zoning change from the planning commission, as well as conditional planning commission approval for the first approval stage for the proposed project, which may be simultaneous, then obtain a conditional zoning change from the town council, and then return to the planning commission for subsequent required approval(s).

ARTICLE VI. - RECORDING OF PLATS AND PLANS#

Signing and recording of plats and plans.

Endorsement. All approved final plans and plats for land development and subdivision projects shall be endorsed (signed) by the appropriate planning commission or town official as an indication of final approval. Plats and plans for major land developments and major subdivisions, and for minor land developments and minor subdivisions shall be signed by the planning commission chairperson [chair], or in the absence of the chairperson [chair], by the secretary of the planning commission. Plats and plans for administrative subdivisions shall be signed by the administrative officer or his/her designee. All endorsements shall include the date of such endorsement. No endorsement of plans and plats shall be made until (a) the administrative officer has certified in writing that all of the required improvements have been made, or (b) the finance director has certified in writing that acceptable improvement guarantees have been received in accordance with the provisions of article VII.

Recording. Upon endorsement, all plans and plats shall be submitted to the administrative officer prior to recording and filing in the land evidence records of the town. The material to be recorded shall include all plat drawings and other pertinent information as indicated on the appropriate final plat checklist in appendix A.7. A copy of the written decision of the commission, signed by the appropriate planning commission or town official, including all conditions of approval, shall also be recorded. No plans, plats or supporting materials shall be recorded until the administrative officer has certified, in writing, that all required fees have been paid. Other parts of the applications record for subdivisions and land development projects, including all meeting records, approved master plan and preliminary plans, site analyses, impact analyses, environmental impact statements, all legal agreements, records of the public hearing and the entire final approval set of drawings shall be kept permanently by the town departments responsible for implementation and enforcement. One copy shall be kept on file by the planning department. Construction drawings need not be recorded. However, a complete blueline or photocopy set of construction drawings, including street plans and profiles, cross sections, grading plans, drainage plans, landscape plans, soil erosion and sediment control plans, utility plans and any other construction plans, details and specifications required as a condition of approval shall be filed with the administrative officer prior to recording of the plat. One copy of all construction drawings shall be kept by the department of public works. The administrative officer shall notify the statewide 911 emergency authority and the local police and fire authorities servicing the new plat with the information required by each of the authorities.

Changes to recorded plats and plans.

General. For all changes to the approved plans of land development projects or subdivisions subject to these regulations, an amendment of the final development plans shall be required prior to the issuance of any building permits for construction upon the subject property. Any changes approved to the final plan shall be recorded as amendments to the final plan in accordance with the procedure established for recording of plats and plans as provided in section A. of this article, above.

Minor changes. Minor changes to a land development or subdivision plan shall be approved administratively by the administrative officer. The administrative officer may, at his/her discretion, authorize such changes without review and approval of the planning commission and without a public hearing thereon. All such changes shall be made a part of the permanent record of the project application. This provision shall not prohibit the administrative officer from requesting a recommendation from either the technical review committee or the planning commission. Denial of the proposed change(s) by the administrative officer shall be referred to the planning commission for review as a major change according to the procedure provided in section (B)(3), below. Upon written authorization of the approval of a minor change by the administrative officer, the building official may issue a building permit for any proposed construction upon the subject property. For the purpose of these regulations, the term "minor changes" shall mean any change which, in the opinion of the administrative officer, is consistent with the intent of the original approval. Such minor changes shall include, but are not necessarily limited, to the following:

Amendments to utility plans which are acceptable to the public works director or to the appropriate utility company;

Lot line revisions which can be reviewed and approved as an administrative subdivision according to the provisions of article V., section C.2.;

Amendments to grading plans or drainage plans which are acceptable to the public works director and which do not require approval of any state or federal reviewing authorities;

Amendments to construction plans which are required because of unforeseen physical conditions on the parcel being subdivided;

Modifications to any construction plans for off-site improvements which are acceptable to the public works director; or

Modifications which are required by outside permitting agencies such as, but not limited to, the [state] department of the environment, the coastal resources management council, and the [state] department of transportation.

Major changes. Major changes to a land development or subdivision plan may be approved only by the planning commission. The procedure for approval of any such major changes shall follow the same review and public hearing process as required for preliminary approval to a major land development and major subdivision as provided in article V., section C.4.(j. through m.). For the purpose of these regulations, the term "major changes" shall mean changes which, in the opinion of the administrative officer, are clearly contrary to the intent of the original approval. Such major changes shall include, but are not necessarily limited to, the following:

Changes which would have the effect of creating additional lots or dwelling units for development;

Changes which would be contrary to any applicable provision of the zoning ordinance [chapter 82] or which require a variance or special use permit from the zoning commission of review; or

Changes which may have significant negative impacts on abutting property or property in the vicinity of the proposed subdivision or land development project.

ARTICLE VII. - GUARANTEES OF PUBLIC IMPROVEMENTS#

Definition and purpose. An improvement guarantee is a security instrument accepted by the town to ensure that all improvements, facilities, or work required by these regulations or as a condition of approval of a subdivision plan by the planning commission will be completed in compliance with the approved plans and specifications. Improvement guarantees shall be provided to ensure the proper installation and maintenance of required street, utility and other physical improvements and to ensure compliance with other nonstructural conditions of final plat approval (if any). The nature and duration of the guarantee shall be structured to achieve this goal without adding unnecessary costs to the subdivider.

General procedures. Before any land development or subdivision plan is endorsed by the planning commission, and before the recording of any subdivision plats, the planning commission shall be required to approve agreements for the completion of all required improvements. Such agreements may, at the option of the subdivider, take the form of (1) completion of actual construction of all improvements, (2) improvement guarantees, or (3) a combination thereof. At the preliminary plat review stage, the subdivider shall submit either of the following: (1) a letter to the planning commission indicating his/her intent to complete the required improvements prior to the planning commission's endorsement of the final plat; or (2) a letter requesting that security sufficient to cover the cost of required improvements be established by the commission.

If improvements are to be constructed without a financial guarantee, all work shall be completed prior to endorsement and recording. Inspections shall be made by the public works department or town-designated registered professional engineer at all required stages of construction as specified in article XIII. Upon completion of all required improvements, the administrative officer shall certify in writing of such completion, and a copy shall be provided to the subdivider upon request. The final plat shall be endorsed by the appropriate planning commission or town official and the plat shall be recorded as provided in article VI, at which time the lots within the subdivision may be transferred or sold.

If improvements are to be guaranteed, the provisions of section C. of this article, below, shall apply.

Improvements which are proposed to be privately owned and maintained, such as, but not limited to, streets, utilities, and drainage systems, may be covered by an improvement guarantee if requested by the subdivider.

Procedures for financial guarantees.

Amount. Improvement guarantees shall be in an amount and with all necessary conditions to secure for the town the actual construction and complete installation of all of the required improvements, and the satisfactory completion of all conditions of final approval within the time periods required for completion provided in article V. The amount shall be based upon actual cost estimates which would be required for the town to complete all improvements required as a condition of final approval. These estimates shall be initially prepared by the director of public works and submitted to the administrative officer, who shall review the estimates, if requested, with the subdivider. If the subdivider disagrees with the estimated amount, he/she shall have the opportunity to submit a revised estimate along with supporting justification for the revisions. The technical review committee shall review the director of public works' amount of the improvement guarantee, or the subdivider's revision, and make a recommendation to the planning commission, who shall review and approve the final amount. The commission may set the guarantee in a reasonable amount in excess of the estimated costs in order to anticipate for increases in economic or construction conditions. However, the amount of such increase shall not exceed 120 percent of the estimated cost of improvements as recommended by the technical review committee. At the expiration of the final plan approval period, if all required improvements are not complete, the planning commission shall review the status of improvements and may:

(1)

Require the subdivider to extend the duration of the entire improvement guarantee;

(2)

Reduce the amount of the improvement guarantee to cover the estimated costs of remaining improvements; or

(3)

Authorize the administrative officer to take the steps necessary to ensure completion of the remaining work by using improvement guarantee funds.

If at any time during the guarantee period the procedures, implementation measures, methods, materials, and/or schedules of construction are determined by the planning commission not to be in compliance with the approved plans, the commission may, after proper notification to the subdivider, authorize the use of improvement guarantee funds to ensure proper compliance.

Required form. The security shall be in the form of a financial instrument acceptable to the finance director and shall enable the town to gain timely access to the secured funds, for cause. Performance and maintenance guarantees may be provided by a variety of means including, but not limited to, the following:

Security bond. The subdivider may obtain a security bond from a surety bonding company authorized to do business in the State of Rhode Island.

Letter of credit. The subdivider may provide an irrevocable letter of credit from a bank or other reputable institution.

Escrow account. The subdivider may deposit cash, or other instruments readily convertible into cash at face value, either with the town or in escrow with a bank.

Releases. At the expiration of the final plan approval period, if all required improvements are complete, any improvement guarantee shall be returned to the subdivider. Partial releases or reductions in the guarantee amount may also be authorized at any time prior to the expiration of final approval. A written request for release or reduction of any improvement guarantees shall be made to the administrative officer, who shall refer such request to the technical review committee. After inspection of all required improvements, the committee shall recommend:

(a)

That the planning commission authorize the finance director to return all improvement guarantees to the subdivider;

(b)

That the amount of the guarantee being held by the town be reduced to cover the estimated cost of remaining improvements; or

(c)

That no releases or reductions be made.

The planning commission shall act on all such releases or reductions of improvement guarantees.

Phased subdivisions. In the case of land development projects or subdivisions which are approved and constructed in phases, the planning commission shall specify improvement guarantees related to each particular phase. If any off-site improvements or other improvements or conditions which are not directly related to a particular phase are required as a condition of approval, the commission shall, in setting the guarantee amount for each phase, clearly specify when such guarantees are to be provided.

Maintenance guarantees. The planning commission shall require that a maintenance guarantee be provided by the subdivider for all improvements which are being dedicated to the town for public acceptance and maintenance. The amount of the maintenance guarantee shall be five percent of the original performance bond or other original guarantee amount. In the absence of such a guarantee, five percent of the total estimated cost of all required improvements shall be required. The initial period for such maintenance guarantee shall be one year. At the end of the one-year maintenance period, the director of public works shall inspect all improvements subject to the guarantee and shall certify in writing to the administrative officer as to their condition. If found to be unacceptable, the administrative officer shall recommend an extension of the guarantee period to the finance director, and the original funds shall not be returned to the subdivider. If public improvements are in good condition and have not been damaged due to the fault of the subdivider, or through faulty workmanship or design, the maintenance guarantee shall be returned to the subdivider. In cases where the planning commission finds there are extenuating circumstances, the initial maintenance period may be established for a period longer than one year. The reasons for establishing a longer maintenance period and the nature of the extenuating circumstances shall be made a part of the record.

Acceptance of improvements. Upon completion of all required improvements, the subdivider shall convey all public improvements to the town for ownership and maintenance. Private facilities, such as private roads, open space and privately maintained drainage systems, shall not be conveyed to the town. The applicant shall first request the department of public works to conduct a final inspection as provided in article XIII, section J. The director of public works shall certify to the administrative officer in writing that all required improvements have been satisfactorily completed. The applicant shall also request, in writing, to the administrative officer that public improvements, streets, land, easements or other facilities be accepted by the town. This request shall contain a description of all facilities to be accepted and shall be accompanied by an accurate description of all streets, easements, land or other facilities by metes and bounds and by reference to the final plat drawing(s) and by a warranty deed transferring ownership to the town and describing any special conditions or other requirements. Upon certification of completion of all required improvements, and upon receipt of all required information from the applicant, the administrative officer shall place the request for acceptance upon the next available agenda of the technical review committee. If all requirements of these regulations have been met by the applicant, the technical review committee shall recommend acceptance by the town council of all such improvements and shall transmit such recommendation to the town council in writing. In such recommendation for acceptance by the town council, the technical review committee shall also recommend an amount for a maintenance bond in accordance with these regulations and shall recommend to the town council that no public improvements or facilities be accepted for ownership and maintenance until such maintenance bond has been submitted as required in section 5 of this article. Upon their acceptance by the town council, all improvements shall be permanently owned and maintained by the town as part of the municipal system and the subdivider shall be no longer responsible for their care, repair, or maintenance.

ARTICLE VIII. - WAIVERS AND MODIFICATIONS#

Waiver or modification of regulations.

The planning commission shall have the authority to waive or modify one or more of the requirements for subdivision or land development approval contained in these regulations if the planning commission finds that:

The waiver or modification is reasonable and within the general purposes and intents of these regulations; and

Literal enforcement of the regulation is impracticable and will exact undue hardship because of peculiar conditions pertaining to the land in question; or waiver or modification of the regulation is in the best interest of good planning practice or design as evidenced by consistency with the comprehensive community plan and the zoning ordinance [chapter 82].

Reinstatement of applications.

When an applicant has exceeded a deadline established by these regulations for submission of material for a subdivision or land development, thereby rendering a previously granted approval invalid, the application may be reinstated by the planning commission under the following conditions:

The subdivision is consistent with the comprehensive community plan;

The subdivision regulations are substantially the same as they were at the time of original approval;

The zoning of the subdivision parcel is substantially the same as it was at the time of original approval;

Physical conditions on the subdivision parcel are substantially the same as they were at the time of original approval; and

Any applicable state or federal regulations are substantially the same as they were at the time of original approval.

Application for reinstatement of a previously approved subdivision shall be made to the planning commission in writing by the subdivider. The planning commission, in approving or denying the request for an extension, shall make findings of fact which shall be made part of the record.

Decisions on waivers and modifications.

The planning commission shall approve, approve with conditions, or deny a request for a waiver or modification by the following procedure:

The planning commission's decision shall be made within 45 days of the date the request for the waiver or modification was first considered by the planning commission, unless the applicant waives that deadline.

The planning commission's decision shall be in writing, and shall contain findings of fact addressing the conditions contained in section VIII.B.1 [section B.1.].

ARTICLE IX. - ENFORCEMENT AND PENALTIES#

Violations.

Any person who fails or refuses to adhere to all of the terms and conditions of any subdivision of land or development plan that has been approved by the planning commission or the administrative officer shall be in violation of these regulations.

Any owner, or agent of the owner, who transfers, sells, or negotiates to sell any land by reference to or exhibition of, or by other use, a plat of the subdivision before the plat has been approved by the planning commission and recorded in the land evidence records shall be in violation of these regulations.

Any person who, having submitted an application for subdivision or development approval, begins construction of the subdivision or development, or constructs any structure or improvement on the parcel, without having first received approval from the planning commission or the administrative officer, shall be in violation of these regulations.

Penalties for violations.

Any person adjudged in violation of these regulations shall be liable for penalties not to exceed $500.00 per day, and each day of existence of a violation shall [be] deemed a separate offense.

Injunctive relief.

The Town of Jamestown shall have the authority to bring suit in Newport County Superior Court to restrain the violation of, or compel compliance with, the provisions of these regulations.

An action for injunctive relief brought by the Town of Jamestown in the superior court may be consolidated with an action seeking penalties for violations of these regulations.

ARTICLE X. - ADOPTION AND AMENDMENT OF REGULATIONS#

Procedures. The planning commission shall adopt and amend these subdivision and land development regulations according to the following procedure:

Notice of a public hearing on any proposed adoption or amendment shall be published in a newspaper of general circulation within the town at least once each week for three successive weeks prior to the date of the hearing, which may include the week in which the hearing is to be held. The newspaper notice shall be published as a display advertisement, using a type size at least as large as the normal type size used by the newspaper in its news articles. The advertisement shall:

Specify the date, time and place of the public hearing;

Indicate that adoption, amendment or repeal of the Jamestown subdivision and land development regulations is under consideration;

Contain a statement of the proposed amendment that may be printed once in its entirety, or may summarize or describe the matter under consideration;

Advise those interested where and when a copy of the matter under consideration may be obtained or examined and copied; and

State that the proposed amendment may be altered or amended prior to the close of the public hearing without further advertising, as a result of further study or because of the views expressed at the public hearing, provided that any such alteration or amendment must be presented for comment in the course of the public hearing.

Notice of the public hearing shall be sent to the following:

The Associate Director of the Division of Planning of the Rhode Island Department of Administration. Said notice, which may be a copy of the newspaper advertisement, shall be sent at least two weeks prior to the public hearing.

c[b].

The Jamestown water department, provided that it has filed with the Jamestown building official a map survey showing the areas of surface water resources and/or watersheds, and parcels of land within 2,000 feet of the areas of surface water resources and/or watersheds, pursuant to G.L. 1956, § 45-24-53(E).

The planning commission shall conduct a public hearing at the date, time and place specified in the newspaper advertisement and notices. At the hearing, opportunity shall be given to all persons interested to be heard upon the matter of the proposed regulations.

Availability. Printed copies of these regulations, including all appendices, shall be available to the general public and shall be revised to include all amendments. A reasonable charge may be made for copies. Upon publication of any adoption or amendment, copies shall be sent to the planning division of the Rhode Island Department of Administration, and to the state law library.

ARTICLE XI. - ADMINISTRATION OF THE REGULATIONS AND AMENDMENTS#

The administrative officer.

Administration. Administration of these subdivision and land development regulations shall be under the direction of the administrative officer, who shall report to the planning commission. The town planner of the Town of Jamestown is hereby designated as the administrative officer.

Appointment. Appointment of the town planner shall be the responsibility of the town administrator as designated in the town Charter.

Duties and responsibilities. The duties and responsibilities of the administrative officer shall include, but shall not be limited to:

Coordination of the review, approval, recording, and enforcement provisions of these regulations;

Coordination of the review and approval procedures for subdivisions and land development projects with adjacent municipalities as is necessary to be consistent with applicable federal, state, and local laws and as directed by the planning commission;

Enforcement of these regulations as provided in article IX of these regulations; and

Serve as the chair of the technical review committee.

Qualifications. The qualifications of the administrative officer shall be determined by the town administrator as provided in the official job description for the town planner.

The technical review committee.

Establishment. There is hereby established a subcommittee of the planning commission, to be known as the technical review committee, which is established to conduct technical reviews of applications for subdivisions and land development projects subject to planning commission jurisdiction. All such reviews shall be advisory in nature, and in no case shall the recommendations of the technical review committee be binding on the planning commission in its activities or decisions.

Membership. Membership of the technical review committee shall consist of:

(1)

[The] town planner;

(2)

The director of public works; and

(3)

The building official of the Town of Jamestown.

Written procedures shall be adopted by the planning commission establishing the committee's responsibilities and procedures.

Records. Reports of the technical review committee to the planning commission shall be in writing and shall be kept as part of the permanent documentation on the development application.

The zoning board of review. Appeals of decisions of the planning commission or the administrative officer on matters of review and approval of land development and subdivision projects shall be made to the zoning board of review in accordance with the provisions of G.L. 1956, § 45-23-1 et seq., and with this ordinance.

Administrative fees. The following administrative fees are required to be paid by an applicant for approval of any subdivision and land development project, for the adequate review and hearing of applications, issuance of permits and the recording of the decisions thereon:

Administrative subdivision: ($100.00)

Minor land development and minor subdivision:

Preapplication meeting and concept review: ($200.00)

Preliminary: ($300.00 + $50.00 per acre)

Final: ($300.00 + $50.00 per acre)

Major land development and major subdivision:

Preapplication meeting and concept review: ($200.00)

Master plan: ($300.00 + $50.00 per acre)

Preliminary: ($300.00 + $50.00 per acre)

Final: ($300.00 + $50.00 per acre)

Recording of subdivision plan: As provided in G.L. 1956, § 34-13-1 et seq.

Inspection fees: Two percent of the total amount of the original performance bond including all required improvements. In the absence of a performance bond, inspection fees in the amount of two percent of the total estimated cost of all required improvements as estimated in accordance with the procedure established in article VII. Inspection fees shall be paid in full before construction begins of any improvements requiring inspection.

Meetings, votes, decisions, and records.

All records of the planning commission proceedings and decisions shall be written and kept permanently available for public review. Completed applications for proposed land development and subdivision projects under review by the planning commission shall also be available for public review.

Participation in a planning commission meeting or other proceedings by any party shall not be a cause for civil action or liability except for acts not in good faith, intentional misconduct, knowing violation of law, transactions where there is an improper personal benefit, or malicious, wanton, or willful misconduct.

All final written comments to the planning commission from the administrative officer, municipal departments, the technical review committee, state and federal agencies, and local boards of commissions shall be part of the permanent record of the development application.

All votes of the planning commission shall be made part of the permanent record and shall show the members present and their votes. A decision by the planning commission to approve any land development or subdivision application shall require a vote for approval by a majority of the current planning commission membership.

ARTICLE XII. - APPEALS#

Procedure for appeals to the zoning board of review.

Any party aggrieved by a decision of the planning commission or the administrative officer shall have the right to appeal that decision to the zoning board of review by the following procedure:

The appeal must be taken within 20 days of the day the decision is recorded and posted in the town clerk's office.

The appeal shall be in writing, on a form provided by the clerk of the zoning board, and shall state clearly and unambiguously the issue or decision that is being appealed, the reason for the appeal, and the relief sought.

The appeal shall either be sent by certified mail, with a return receipt requested, or shall be hand-delivered, to the office of the clerk of the zoning board.

Upon receipt of an appeal, the clerk of the zoning board of review shall require the planning commission or the administrative officer to transmit forthwith to the zoning board of review all papers, documents and plans, or a certified copy thereof, constituting the record of the action that is being appealed.

An appeal shall stay all proceedings in furtherance of the action being appealed.

Public hearings on appeals to the zoning board of review.

The zoning board of review shall conduct a public hearing on each appeal within 45 days of receipt of the appeal by the board's clerk. The public hearing shall be conducted at a meeting called and advertised especially for that purpose. The zoning board shall maintain a complete record of all its proceedings, including minutes of meetings and records of votes taken.

Notice of the public hearing shall be published in a newspaper of general circulation within the town at least 14 days prior to the date of the public hearing. Notice shall be sent by first class mail to the parties to the appeal and to those persons required to be notified by section V [article V] (C4R&S [section C.4.r. and s.]) of these regulations. The party who filed the appeal shall bear the cost of advertising and notice.

At the hearing, any party may appear in person, or may be represented by an agent or attorney.

The zoning board shall render a decision on the appeal in the following manner:

The zoning board shall not substitute its own judgment for that of the planning commission or administrative officer, but shall consider the issue upon the findings and record of the planning commission or administrative officer. The zoning board shall not reverse a decision of the planning commission or administrative officer except on a finding of prejudicial procedural error, clear error, or lack of support by the weight of the evidence in the record.

The concurring votes of three of the five members of the board sitting at the hearing shall be necessary to reverse any decision of the planning commission or administrative officer.

In the instance where the zoning board overturns a decision of the planning commission or administrative officer, the proposed project application shall be remanded to the planning commission or administrative officer at the stage of processing from which the appeal was taken, for further proceedings before the planning commission or administrative officer and/or for final disposition, which shall be consistent with the zoning board's decision.

The zoning board shall render a decision within ten days of the close of the public hearing. The decision shall be in writing and shall include reasons for the decision.

Appeals to the superior court.

Appeals of decisions of the zoning board of review.

An aggrieved party may appeal a decision of the Jamestown zoning board of review to the Newport County Superior Court by filing a complaint setting forth the reasons of appeal within 20 days after the decision has been recorded and posted in the town clerk's office. When the complaint is filed by someone other than the original applicant or appellant, the original applicant or appellant and the members of the planning commission shall be made parties to the proceedings.

Within 30 days after being served with a copy of the complaint, the zoning board shall file the original documents acted upon by it and constituting the record of the case appealed from, or certified copies thereof, together with such other facts as may be pertinent, with the clerk of the court.

The appeal shall not stay proceedings upon the decision appealed from, but the court may, in its discretion, grant a stay on appropriate terms and make such other appropriate orders as it deems necessary for an equitable disposition of the appeal.

The court shall review the appeal pursuant to G.L. 1956, § 45-23-71.

Appeals of enactment or amendment of regulations.

Any legal resident or landowner of Jamestown, or any association of residents or landowners of Jamestown, may appeal an enactment or amendment of these subdivision and land development regulations by the planning commission by filing a complaint in the Newport County Superior Court within 30 days after such enactment or amendment has become effective.

The complaint shall set forth with specificity the area or areas in which the enactment or amendment is not consistent with:

(1)

G.L. 1956, § 45-22.2-1 et seq., known as the Comprehensive Planning and Land Use Regulation Act;

(2)

G.L. 1956, § 45-24-27 et seq., known as the Zoning Enabling Act of 1991;

(3)

The 1991 Jamestown Comprehensive Community Plan; or

(4)

The Jamestown zoning ordinance [chapter 82].

The appeal shall not stay the enforcement of the regulations, as enacted or amended, but the court may, in its discretion, grant a stay on appropriate terms, which may include the filing of a bond, and make such other orders as it deems necessary for an equitable disposition of the appeal.

The court shall conduct the review without a jury. If the court finds that the enactment or amendment is not consistent with the statutory, ordinance, or regulatory provisions enumerated in section XII(C)(2)(b) [section C.2.b.] above, the court shall invalidate the enactment or the amendment, or those parts of such enactment or amendment that are not consistent. The court shall not revise the regulations to be consistent, but may suggest appropriate language as part of the court decision.

The court may, in its discretion, upon motion of the parties or on its own motion, award reasonable attorney's fees to any party to an appeal, as set forth herein, including a municipality.

ARTICLE XIII. - DESIGN AND PUBLIC IMPROVEMENT STANDARDS#

General. The subdivider, at his own expense, shall construct all improvements where required by the planning commission in granting approval for any subdivision or land development project, subject to these regulations.

Street design standards. The following design standards shall be followed where applicable in the design and construction of any subdivision:

Frontage on improved streets. The area to be subdivided shall have frontage on an existing improved public street. If such an existing street has not been improved to the standards and specifications as required in these regulations, the [planning] commission may require the subdivider to make certain improvements along the part of the street abutting the property or leading to the property being subdivided where necessary for drainage, safety, traffic or other reasons as deemed proper by the commission. See section H of this article. For purposes of these regulations, streets platted but not improved or accepted for maintenance by the town shall not be considered existing improved public streets. Where these streets are incorporated within the subdivision, they shall be improved by the developer to meet the subdivision regulation standards.

Street classification. Street design within a proposed subdivision shall conform to a street hierarchy system as established herein. Requirements for right-of-way and pavement width, on-street parking, drainage and other utilities, sidewalks, bicycle path and other design standards shall be tailored to street function. Street classification shall be determined by the planning commission according to the following:

Minor arterial: A public street that serves as an avenue for the circulation of traffic into, out of or around the town and carries relatively high volumes of traffic while also providing direct access to abutting properties.

Collector: A public street whose principal function is to carry traffic between local streets and arterial streets while also providing direct access to abutting properties. (Walcott Avenue, Hamilton Avenue, Narragansett Avenue west, Seaside Drive, High Street, Frigate Street, Highland Drive or Carr Lane).

Local: Public or private streets whose primary function is to provide access to abutting properties.

Minor: Public or private streets whose sole function is to provide access to abutting properties. Minor streets could be through, loop, cul-de-sac or shared driveway types.

Street rights-of-way. Street rights-of-way are intended to be of sufficient width to accommodate pavement and travel surfaces and the areas on both sides of the pavement or travel surfaces which may be reserved for the installation of sidewalks, utilities, drainage improvements or other purposes. In order to facilitate adequate and appropriate design within a subdivision or land development project, the following rights-of-way widths shall be required:

Project Classification R.O.W. Width

a. Major subdivision or land development project 40—50 feet

Minor subdivision with public streets (3—5 lots)

(with further development potential)

b. Minor subdivisions with public streets (3—5 lots) 40—44 feet

(with no further development potential)

c. Minor subdivision with private streets 30—40 feet

Minor subdivision (2 lots)

Specific design criteria will be determined by the commission on a case-by-case basis. Typical cross sections of streets may be found in the appendix. Where the subdivider proposes the use of grass swales in lieu of a continuous piped stormwater drainage system, an alternative cross section may be used, subject to the approval of the planning commission.

Geometric data. The table below shall be used as a guide in designing streets within a subdivision:

Collector Streets Local

Streets Minor Streets

R.O.W. width 50 feet 44 feet 40 feet

Pavement width includes berms 26 feet 24 feet 20 feet

Cul-de-sac:

Minimum sight distance to 100 feet

R.O.W. minimum radius 50 feet

Outside curb minimum radius 40 feet

*Landscaped center island minimum radius 20 feet

Intersection fillet curve:

R.O.W. minimum radius 25 feet 15 feet 15 feet

Pavement minimum radius 35 feet 25 feet 25 feet

Pavement crown 5 inches 4 inches 3 inches

*The planning commission will determine landscape requirements for the unpaved center. 5.

Street layout and arrangement. The arrangement of streets shall be considered in relation to the existing street system, and to existing topographic and natural conditions. The road system shall be designed: to permit the safe, efficient and orderly movement of traffic; to meet, but not exceed, the needs of the present and future population served; to have a simple and logical circulation pattern; to respect natural features and topography; and to create an attractive streetscape.

Private streets. Private streets may be considered for any subdivision.

Street intersections. Street intersections shall either coincide precisely with, or be offset by at least 200 feet from other intersections. Intersections shall be at 90 degree angles. Lesser angles between 75 degrees and 90 degrees may be approved by the director of public works.

Culs-de-sac. All dead-end streets shall end in a cul-de-sac turnaround with [a] center island constructed according to the table of geometric data above and appendix B.2. The planning commission may limit the length of the dead-end street where necessary to ensure the adequate and safe circulation of vehicular traffic.

Street names. 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 of Jamestown.

10.

Access to adjoining property. When considered desirable by the planning commission to provide access to adjoining property, proposed streets shall be continued and improved to the property line. The reservation of strips of land preventing such access shall not be permitted. The planning commission may require provision of a temporary turnaround until such time as the adjacent tract is developed. A bond may be required to ensure completion of the street or construction of a permanent cul-de-sac within a reasonable period of time. Access to adjoining property for pedestrian and/or bicycle circulation shall be required wherever the planning commission determines that such connection will increase accessibility between adjoining subdivisions, to existing or proposed sidewalks or bicycle paths, from subdivisions to schools, recreation areas or other facilities or where the public safety will be significantly enhanced by such pedestrian and/or bicycle connections.

11.

Street signs. Street name and traffic signs, approved by the department of public works, shall be installed by the developer or by the department of public works at the developer's expense.

12.

Street lighting. In all new subdivisions where utilities are being installed underground, provisions shall be made for street lighting connections only where approved by the director of public works.

13.

Street trees. Where natural tree growth is determined by the planning commission to be insufficient, the developer shall be required to plant street trees in accordance with the following standards:

Location. Street trees, where required, shall be planted within street rights-of-way along the sides of the street pavement and located within the planting strip, as shown in the appendix.

Materials. Trees shall be of nursery stock grown under local climatic conditions. Such trees shall be selected from appropriately sustainable cultivars, such as: Red Maple, Red Oak, Tupelo, London Plane, Zelkova, Honey locust, Linden, Aristocrat Callery Pear.

Trees shall be of symmetrical growth, free of insect pests and of disease, suitable for street tree use and durable under the maintenance contemplated. The average trunk diameter measured at a height of six inches above the finished grade shall be a minimum of two to 2½ inches. Loam shall be clean, of good quality and of such fertility and composition that it will continuously support plant growth.

Construction methods.

(1)

Spacing. Trees shall be planted at a distance of not less than 35 feet and no more than 60 feet apart along each side of the street pavement. At street corners, trees shall not be planted within 15 feet on the intersecting rights-of-way lines.

(2)

Planting. Each tree shall be planted plumb at the same height that it stood in the nursery (in relation to finished grade) and shall be thoroughly watered when the hole is two-thirds full of loam. After watering, the filling shall be completed and the loam thoroughly tamped. After planting, a three-inch mulch of well-seasoned shredded bark shall be applied over the disturbed ground and a shallow watering basin provided around the tree.

(3)

Staking. Each tree shall be double staked in such a manner as to ensure maximum stability and to prevent whipping of the tree in high winds. Such double staking shall be accomplished with a pair of 2½ inches by eight feet stakes driven plumb 2½ feet into the ground, and tied at the tops and bottoms with figure eight hitches of no. 14 gauge wire encased in rubber hose or its equivalent.

(4)

Maintenance. All trees shall be guaranteed for one year from the time of installation.

(5)

Seasonal limits. Planting shall be done during the proper seasons. No planting shall be done in frozen soil or during unfavorable weather conditions.

(6)

Other. Where trees will be subject to more than occasional salt spray and high winds, the more salt resistant trees such as the Sycamore Maple (a. pseudo-platinus) shall be planted.

14.

Landscaping standards.

Landscaping shall be provided as part of site plan and subdivision design. It shall be conceived in a total pattern throughout the site, integrating the various elements of site design, preserving and enhancing the particular identity of the site and creating a pleasing site character.

Landscaping may include plant materials such as trees, shrubs, ground covers, grass, flowers, etc., but may also include other materials such as rocks, wetlands, stone walls, paving materials, planters, signage, and street furniture. Areas which may be required to provide landscaping shall include, but are not necessarily limited to, the following:

Drainage facilities, such as retention/detention basins, or drainage swales;

Entrance features;

Open space areas;

Proposed recreation facilities;

Buffer areas;

Lot areas which are disturbed during the construction process or where extensive grading removes a significant amount of natural vegetation;

Areas subject to regrading or stabilization for soil erosion and sediment control purposes.

Landscape plan. A landscape plan prepared by a registered landscape architect shall be submitted to the planning commission when the commission determines that: (a) existing landscaping is insufficient; (b) the site of the proposed subdivision has been disturbed so as to require significant new vegetation; or (c) additional landscaping is necessary to protect, preserve, or enhance significant visual characteristics of the site. If a landscape plan is required by the commission, the applicant shall be advised of this requirement at the preliminary review stage of an administrative or minor subdivision, and at the master plan stage of a major subdivision. The plan shall identify existing and proposed trees, shrubs and ground covers; natural features such as stone walls and rock outcroppings; manmade elements such as retaining walls, fences, signs, planters, etc.; proposed grading at two-foot contour intervals; lighting; specifications for loaming, fertilizing and seeding; and other proposed landscaping elements. The plan shall indicate the location of all proposed landscaping and shall include construction details as necessary. A planting schedule shall be included to indicate proposed planting by species, size at time of planting and maintenance requirements. Where existing plantings are to be retained, the plan shall indicate proposed methods of protecting them during construction.

15.

Monuments. Monuments (concrete boundary markers) shall be of the type furnished by the town and paid for by the developer and placed by a registered land surveyor on the street line at the beginning and end of all horizontal curves on both sides of each subdivision (public) street and shall not be more than 500 feet apart. Monuments shall be set four inches above finished grade of the center of the street and shall be installed prior to final inspection.

16.

Sidewalks. When located within the street right-of-way, sidewalks shall be located as shown in illustration 6 and 7 and shall conform to the dimensional specifications shown in illustration 10. Unless otherwise specified herein, all materials and methods used in the construction of concrete sidewalks shall be in conformance with the Rhode Island Standard Specifications for Road and Bridge Construction. Sidewalks shall be constructed of four-inch thickness of material with a width of four feet, and shall be set in minimum base of six-inch bank run gravel. A pitch of 3/16 -inch to one-fourth inch per foot shall be directed toward the road.

17.

Curbs; collector streets. Where deemed necessary by the planning commission for proper control of traffic or drainage, collector streets shall be constructed with precast concrete curbs to Rhode Island Standard 7.11 set in four-foot lengths. Appropriate radius curbs shall be used on all curves. At the option of the applicant, quarry split granite curbs may be used, of Rhode Island Standard 7.51. At all street intersections, circular curbs of at least 35-foot radius shall be used. At all proposed driveways, with a minimum of one per lot, precast concrete curb returns, using a two-foot minimum radius corner of Rhode Island Standard 7.14, shall be used.

18.

Cape Cod curbing. Where deemed necessary by the planning commission for proper control of traffic or drainage, Cape Cod curbing formed of asphaltic concrete shall be placed in all streets where concrete or granite curbing is not required. Such curbing shall be installed in accordance with the typical street cross section found in the appendix.

19.

Engineering and land survey. Wherever it is mandated by these regulations that certain tasks associated with subdivision plans and improvements be performed by registered professional engineers and/or registered land surveyors, all such tasks shall be performed according to existing and amended standards of the State of Rhode Island and Providence Plantations Commission of Registration for Professional Engineers and Commission of Registration for Land Surveyors.

Lot design standards.

Side lot lines. Side lot lines shall be at right angles to street lines or radial to curved street lines unless the planning commission determines that a variation from this rule will provide a better street or lot plan.

Developable land area. All lots shall be designed so as to contain, at a minimum, the land area required by the zoning ordinance [chapter 82] exclusive of land unsuitable for development as defined in article III.C.

Easements. Easements may be required by the planning commission where necessary for the proper location and placement of improvements on private land as described below. The commission may, in its own discretion, require the dedication of land to the town in lieu of recorded easements if such dedication would provide greater control over and access to the intended use.

Watercourses. Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse and of such width as will be adequate for the purpose.

Sanitary sewers. Easements across lots or centered on rear or side lot lines shall be provided for sanitary sewers where they are required. The planning commission may require permanent easements of such width as recommended by the technical review committee, plus temporary construction easements if necessary. The nominal width for a sewer easement shall be 20 feet.

Drainage easements. Easements to install and maintain underground drainage facilities on private land shall be dedicated to the town where required. The nominal width for such a drainage easement shall be 20 feet. Where aboveground drainage flows are directed over private property which does not contain natural watercourses or wetlands, or where publicly owned and maintained drainage systems outfall on private land, a drainage easement shall be dedicated to the town over the area and at a location adequate for the intended purpose. Easements into and upon aboveground drainage facilities such as stormwater detention or retention basins shall be granted to the town wherever stormwater from town-owned streets or other improvements is intended to be directed to such basins.

Shoreline access. Where a subdivision has waterfront shoreline, there shall be provided a pedestrian easement for access to the shore by the general public. Where the shoreline of the proposed development exceeds 1,000 feet, the planning commission may require additional easements to ensure adequate public access to the shore.

Grading easements. The planning commission may require the dedication of an easement to the town in order to grade or to maintain grading on private property where such grading is necessary to establish or maintain adequate drainage, sight distances, or topographic features required as a condition of subdivision approval.

Sight distance easements. Where deemed necessary by the planning commission to establish or maintain adequate sight distances for vehicular traffic, the dedication of an easement to the town may be required which would prohibit the erection or maintenance of any visual obstruction such as a structure, tree, shrub, wall, earthen embankment, hill or any other obstruction.

Bicycle or pedestrian access easements. Bicycle and pedestrian access shall be provided where required on a separate strip of land dedicated to the town or on an easement having a minimum width of 15 feet.

Other easements. All other required easements shall be of sufficient width and area for the intended purpose. All utility easements shall be a minimum width of 20 feet and contain at least one concrete bound.

Lot configurations. The planning commission shall have the right to prohibit or require modification to lots which are shaped or configured in such a manner as to conflict with the use of the land for the intended purpose. In particular, long, narrow strips of land shall be avoided in creating residential lots. Unusual shapes, angles, and dimensions shall be avoided in lot layout and design. Where considered feasible by the planning commission, lots shall not have a depth to width ratio greater than 2.5 to 1.0. The commission may, in reviewing a proposed subdivision, require modification to the proposed lot layout as it deems necessary to achieve the purposes of these regulations.

Drainage. The drainage system may be comprised of natural and manmade elements. These include grass swales, retention and detention basins, curbs, catchbasins, culverts, and stormwater pipes. The subdivider is encouraged to incorporate natural elements into the drainage design whenever possible. These elements (i.e. grass swales, wet basins) not only collect and transport stormwater, but also mitigate pollution, reduce sedimentation, provide visual amenities and provide potential wildlife habitat. Where a drainage plan and drainage calculations are required by the appropriate plat checklist in [article XIV,] appendix A, the plan and calculations shall be prepared by a registered professional engineer. The drainage plan shall contain the following elements:

Vicinity sketch at a suitable scale showing that area within a half-mile of the perimeter of the land being subdivided showing all existing and proposed watercourses, wetlands, sanitary and storm drains, culverts, and all surface and subsurface drainage patterns from the property being subdivided to either the Jamestown sewer system or to Narragansett Bay.

An estimate of the quantity of stormwater surface runoff presently flowing from the land proposed to be subdivided and that which would be generated by the proposed subdivision, calculated on the basis of a 25-year frequency rainfall.

An estimate of the quantity of stormwater surface runoff entering the subdivision naturally from upstream areas within the watershed under present conditions, calculated on the basis of a 25-year frequency rainfall.

An analysis of the capability of existing watercourses, storm sewers, culverts and other drainage facilities within the land proposed to be subdivided to handle the runoff as calculated under [subsections D.] 2. and 3. above and proposals to handle such surface runoff.

Proposals for disposal of surface runoff, downstream from the subdivision without damage to land and improvements.

The drainage plan shall further indicate how the following specific requirements will be met:

That each lot will be adequately drained;

That natural drainage patterns will be maintained whenever possible;

That all existing watercourses will be left open, unless approval to enclose is granted by the planning commission;

That all new open watercourses will be seeded, sodded, or paved, depending on grades and soil types;

That an adequate drainage system will be installed and connected to a defined and approved watercourse;

Where any part of the drainage system is proposed for locations outside the public street right-of-way, provisions for future maintenance approved by the planning commission will be provided;

That all necessary easements to off-site watercourses will be obtained by the applicant, and granted to the Town of Jamestown;

Where volume/velocity of the surface runoff is high, the flow thereof shall be controlled by silting/sedimentation basins, or flow spreaders.

The planning commission may require, whenever necessary, the provision of an easement of a suitable width across any portion of the land being subdivided for the purpose of providing adequate drainage. Such easement shall guarantee access to the Town of Jamestown to any proposed stormwater drainage facility or shall guarantee the right to construct, maintain or alter any such facility. The location of such easement shall be specifically delineated by the planning commission before the preparation of final plans.

Utilities.

Sanitary sewers. Sanitary sewers shall be required in all subdivisions and land development projects where such sewer service is available. Sewer systems shall be designed to the approval of the Jamestown board of water and sewer commissioners and the public works director.

Water lines. Where public water system is available, water lines shall be installed and water stops shall be provided for each lot in accordance with standards of the Jamestown water department. Water lines shall be generally located on the southerly or westerly side of the street wherever possible or as required by the planning commission.

Communication lines (electric, telephone, and cable TV). All electric, communication (telephone, fire alarm and cable TV) and street lighting lines shall be installed underground. In cases where underground installation is not feasible due to physical conditions of the site or other limitation, an alternative location for these utility lines shall be approved by the planning commission, if prior approval thereof has been obtained by the utility company involved.

Fire hydrants. Fire hydrants shall be installed in all subdivisions where public water supply systems are installed. Hydrant type, location, and spacing shall meet the minimum requirements of the National Fire Protection Association, or as directed by the appropriate fire district.

Erosion and sediment control.

Applicability. All major land developments and major subdivisions shall submit a soil erosion and sediment control plan as required herein. Minor land developments, minor subdivisions and administrative subdivisions shall not be required to submit such plans if the land disturbing activity involved in construction of subdivision improvements meets all of the following criteria:

Construction activity will not take place within 100 feet of any wetland or coastal feature;

Slopes at the site of land disturbance do not exceed ten percent;

The total area of such activity does not exceed 10,000 square feet;

Proposed grading does not exceed two feet of cut or fill at any point;

The grading does not involve a quantity of fill greater than 60 cubic yards; except where fill is excavated from another portion of the subdivision parcel and the quantity of fill does not exceed 185 cubic yards.

Has all disturbed surface areas promptly and effectively protected to prevent soil erosion and sedimentation.

Plan preparation. The erosion and sediment control plan shall be prepared by a registered professional engineer, a registered landscape architect, a soil and water conservation society certified erosion and sediment control specialist, or a certified professional soil scientist.

Plan contents. The erosion and sediment control plan shall include sufficient information about the proposed activities and land parcel(s) to form a clear basis for discussion and review and to ensure compliance with all applicable requirements of these regulations. The plan shall be consistent with the data collection, data analysis, and plan preparation guidelines in the current "Rhode Island Soil Erosion and Sediment Control Handbook," prepared by the U.S. Department of Agriculture, Soil Conservation Service, R.I. Department of the Environment, R.I. Conservation Committee, and, at a minimum, shall contain:

A narrative describing the proposed land disturbing activity and the soil erosion and sediment control measures and stormwater management measures to be installed to control erosion that could result from the proposed activity. Supporting documentation, such as a drainage area, existing site conditions, and soil maps shall be provided as required by the planning commission.

Construction drawings illustrating in detail all land disturbing activity including existing and proposed contours, cuts and fills, drainage features, and vegetation; limits of clearing and grading, the location of soil erosion and sediment control and stormwater management measures, detail drawings of control measures; stockpiles and borrow areas; sequence and staging of land disturbing activities; and other information needed for construction.

Other information or construction plans and details as deemed necessary by the planning commission for thorough review of the plan prior to action being taken as prescribed in these regulations.

Performance principles. The contents of the erosion and sediment control plan shall clearly demonstrate how the principles, outlined below, have been met in the design and are to be accomplished by the proposed development project.

The site selected shall show due regard for natural drainage characteristics and topography.

To the extent possible, steep slopes shall be avoided.

The grade of slopes created shall be minimized.

Postdevelopment runoff rates should not exceed predevelopment rates, consistent with other stormwater requirements which may be in effect. Any increase in storm[water] runoff shall be retained and recharged as close as feasible to its place of origin by means of detention ponds or basins, seepage areas, subsurface drains, porous paving, or similar techniques.

Original boundaries, alignment, and slope of watercourses within the project locus shall be preserved to the greatest extent feasible.

In general, drainage shall be directed away from structures.

All drainage provisions shall be of such a design and capacity so as to adequately handle stormwater runoff, including runoff from tributary upstream areas which may be outside the locus of the project.

Drainage facilities shall be installed as early as feasible prior to any additional site clearance or disturbance.

Fill located adjacent to watercourses shall be suitably protected from erosion by means of riprap, gabions, retaining walls, vegetative stabilization, or similar measures.

Temporary vegetation and/or mulch shall be used to protect bare areas and stockpiles from erosion during construction; the smallest areas feasible shall be exposed at any one time; disturbed areas shall be protected during the nongrowing months, November through March.

Permanent vegetation shall be placed immediately following fine grading.

Trees and other existing vegetation shall be retained whenever feasible; the area within the dripline shall be fenced or roped off to protect trees from construction equipment.

All areas damaged during construction shall be resodded, reseeded, or otherwise restored. Monitoring and maintenance schedules, where required, shall be predetermined.

Maintenance of measures. Maintenance of all erosion-sediment control devices under this ordinance shall be the responsibility of the subdivider. The erosion-sediment control devices shall be maintained in good condition and working order on a continuing basis. Watercourses originating and located completely on private property shall be the responsibility of the subdivider to their point of open discharge at the property line or at a communal watercourse within the property. If proper maintenance procedures are not followed, the planning commission may authorize the administrative officer to take the steps necessary to ensure proper maintenance by using improvement guarantee funds as provided in article VII.

Periodic inspections. The director of public works may require inspections at such intervals as he/she may deem necessary to ensure proper compliance with the approved erosion and sediment control plan. Copies of all inspection reports shall be made available to the subdivider upon request.

Site design.

Purpose. The purpose of good subdivision site design is to create a functional and attractive development, to minimize adverse impacts, and to ensure that a project will be an asset to the community. To promote this purpose, land development projects and subdivisions shall conform to the following standards which are designed to result in a well-planned community without adding unnecessarily to development costs.

Site analysis. An analysis of the subdivision site and nearby areas shall be required by the planning commission for all major subdivisions. The scope and content of the site analysis shall be discussed during the preapplication meeting and shall be presented by the subdivider during the master plan stage of review. Such an analysis may be required by the planning commission for minor subdivisions if the commission finds that the proposed development may have a negative impact on the existing natural and built environment or would be inappropriate for the character of the surrounding neighborhood. Such a site analysis shall include written and graphic analysis of the following characteristics of the development site: site context; geology and soil; agricultural lands; wetlands; coastal features; topography; climate; ecology; existing vegetation, structures, and road networks; visual features; and past and present use of the site.

Design parameters.

Design of the development shall take into consideration all existing town and regional plans for the surrounding community.

Development of the site shall be based on the characteristics of the site and upon the site analysis. To the maximum extent practicable, development shall be located to preserve the natural features of the site, to avoid areas of environmental sensitivity, and to minimize negative impacts and alteration of natural features, historic and cultural resources, and areas of scenic value which contribute to the character of the town.

The following specific areas shall be preserved as undeveloped open space or lot area, to the extent consistent with the reasonable utilization of land, and in accordance with applicable state or town regulations:

(1)

Unique and/or fragile areas, including freshwater wetlands and coastal features;

(2)

Significant trees or stands of trees or other vegetative species that have particular horticultural, environmental or landscape value;

(3)

Lands in the floodplain, as defined in article II;

(4)

Steep slopes in excess of 20 percent as measured over a ten-foot interval unless appropriate engineering measures concerning slope stability, erosion, and resident safety are taken;

(5)

Habitats of endangered plants or wildlife, as identified on applicable federal or state lists;

(6)

Historically significant structures and sites, as listed on federal or state lists of historic places.

The development shall be laid out to avoid adversely affecting groundwater and aquifer recharge; to reduce cut and fill; to avoid unnecessary impervious cover; to prevent flooding; to provide adequate access to lots and sites; to protect views; and to mitigate adverse effects of shadow, traffic, drainage, and utilities on neighboring properties.

Residential development design.

The planning commission may vary street locations, lot shapes and dimensions, yards, and setbacks for the purpose of encouraging and promoting flexibility, economy, and environmental soundness in layout and design, provided that the lots' areas and dimensions, yards, and setbacks within the subdivision conform to the minimum requirements of the zoning ordinance [chapter 82], and provided that such standards shall be appropriate to the type of development permitted.

Every lot shall have sufficient access to it for emergency vehicles as well as for those needing access to the property in its intended use.

The placement of dwelling units in residential developments shall take into consideration topography, privacy, building height, orientation, drainage, and scenic values.

Lots shall be designed so that proposed buildings have adequate privacy from adjacent streets.

Vegetated buffer areas shall be required, where necessary, to avoid adverse impacts from adjacent uses.

Circulation system design.

The road system shall be designed to permit the safe, efficient, and orderly movement of traffic; to meet, but not exceed, the needs of the present and future population served; to have a simple and logical pattern; to respect natural features and topography; to continue existing neighborhood patterns; and to present an attractive streetscape.

The pedestrian system shall be located as required for safety. In conventional developments, walks shall be placed parallel to the street, as shown in the typical street cross sections in appendix A.6-8[B.6—8], with exceptions permitted to preserve natural features, to continue existing neighborhood patterns or to provide visual interest. In residential cluster developments and land development projects, walks or trails may be placed away from the road system with permission of the planning commission.

Landscape design.

Landscaping should be provided; the type and amount required shall be allowed to vary with the type of development, proposed architecture and natural features of the site.

The plant or other landscaping material that best serves the intended function shall be selected. Landscaping materials shall be appropriate for the local environment, soil conditions, and availability of water. The use of grasses and/or native plants that require minimal watering and fertilization is encouraged, particularly in areas that are ecologically sensitive.

Street trees may be required.

If ponds are required for detention or retention, they should be bio-engineered to assume the most natural appearance possible.

Off-site improvements.

Purpose. This section is intended to ensure that subdividers provide off-site infrastructure improvements in order to mitigate the impacts which are directly or indirectly attributable to new development. Such improvements may be required by the planning commission if the commission finds that there is a reasonable relationship between the requested improvement and the proposed new development. Off-site improvements may include, but are not limited to, improvements to the following:

Sanitary sewers;

Water supply systems;

Roadways;

Sidewalks;

Bicycle paths;

Drainage systems.

Definition and principles. As a condition of final approval, the planning commission may require a subdivider to construct reasonable and necessary improvements located off of the proposed land being subdivided. Necessary improvements are those clearly and substantially related to the subdivision or land development being proposed. The planning commission shall provide in its resolution of final approval the basis for requiring such off-site improvements. In its resolution, the commission must find that a significant negative impact on existing conditions will result if the off-site improvements are not made, and are clearly documented in the public record. The mitigation required as a condition of approval must be related to the significance of the identified impact. All required off-site improvements must reflect the character defined for that neighborhood or district by the comprehensive community plan.

Areas of special flood hazard. The planning commission shall examine each proposed subdivision to ensure that:

If any part of the proposed subdivision is located within an area of special flood hazard as identified in article II, it is consistent with the need to minimize flood damage.

It provides for adequate protection against flood damage with respect to materials, design, and methods of construction.

All public utilities and facilities such as sewers, gas, electrical and water systems are elevated and constructed to minimize or eliminate damage from flooding.

Adequate drainage is provided so as to reduce exposure to flood hazards.

General construction procedures. The following procedures shall be followed by the subdivider and by contractors under the direction of the subdivider in the construction of any subdivision or related improvement:

Preconstruction meeting. A preconstruction meeting shall be held with the director of public works at least seven days prior to the start of any subdivision improvements. The subdivider (or his duly authorized representative) and the on-site project manager shall attend this meeting.

Notification. No step in the construction of required improvements shall commence until the director of public works has been notified at least 24 hours in advance of the phases of construction listed in [subsection] 3. below.

Inspection of improvements. Inspection and certification by the town-designated registered professional engineer shall be required for the following phases of subdivision improvements:

During and following installation of all underground drainage structures, systems and utilities prior to backfilling;

During and following the preparations of the road subgrade and shoulders;

During and following the spreading and compaction of the subbase course;

During and following the spreading and compaction of the base course prior to the application of the asphalt binder course;

Immediately prior to and during the application and compaction of the asphalt surface course on the roadway and, if required, sidewalks;

Following completion of all improvements and installation of bounds; and

At periodic intervals as required to ensure compliance with the approved erosion and sediment control plan.

The director of public works may require inspection at such other intervals as he may deem necessary to ensure proper construction of improvements.

Request for inspection. Whenever an inspection is required, the developer shall request the director of public works to make such inspection. The director of public works or his representative shall, within 48 hours exclusive of Saturday, Sunday and holidays, make such inspection and give to the developer written approval or disapproval of the improvements inspected by him. No subsequent step or phase shall commence until an inspection has been made and approval granted.

As-built drawings. Upon completion of construction of all required improvements, and before the performance bond is released and the maintenance bond is accepted, the developer shall furnish two sets of transparent Mylar as-built drawings of required improvements to the administrative officer.

Inspection fees. Inspection fees shall be paid in the amount established in article XI, and shall be paid in full before construction begins of any improvements requiring inspection.

ARTICLE XIV. - CONSTRUCTION METHODS AND SPECIFICATIONS#

Specifications. Construction of streets and sidewalks shall be in accordance with the typical cross section of a street contained herein and the "Standard Specifications for Road and Bridge Construction," (1971 edition) published by the State of Rhode Island, Department of Public Works, Division of Roads and Bridges, unless otherwise noted. Drainage systems shall be constructed in accordance with the standards of the Jamestown department of public works.

Soil erosion and sediment control. All soil erosion and sediment control measures required by these regulations shall be constructed in accordance with the standards and procedures set forth in the Rhode Island Soil Erosion and Sediment Control Handbook, prepared by the U.S. Department of Agriculture Soil Conservation Service, the RI Department of the Environment and the RI State Conservation Committee, 1989, and any amendments thereto. Said handbook is adopted as an appendix to these regulations and is available for review from the administrative officer.

APPENDIX A. - CHECKLIST NO. 1—ADMINISTRATIVE SUBDIVISION#

The applicant shall submit to the administrative officer at least five blueline or photocopies of the proposed plat. The scale shall be sufficient to show all of the information required and shall be subject to the approval of the administrative officer. At a minimum, the following information shall be provided: 1. _____ Name(s) and address(s) of the property owner(s) and applicant(s)

2. _____ Date of plan preparation, with revision date(s) (if any)

3. _____ Graphic scale and true north arrow

4. _____ Plat and lot numbers of the parcel being resubdivided

5. _____ Zoning district(s) of the parcel being resubdivided. If more than one district, zoning boundary lines must be shown

6. _____ Existing property lines, easements and rights-of-way

7. _____ Proposed property lines, drawn so as to distinguish them from existing property lines

8. _____ Existing and proposed area(s) of the parcel(s) being resubdivided

9. _____ Approximate location of areas unsuitable for development (article III.C.) or areas of secondary importance (article IV.B.2.a.(1)).

10. _____ Location and size of existing buildings, structures, utilities and improvements

11. _____ Location, width and names of existing public and private streets within or immediately adjacent to the parcel being resubdivided

12. _____ Certification (stamp) of a registered land surveyor that the plan is correct

13. _____ Filing fee ($100.00)

CHECKLIST NO. - 2 FOR PREAPPLICATION MEETINGS AND CONCEPT REVIEW#

The applicant shall submit to the administrative officer at least five blueline or photocopies of conceptual plans. The scale of all plans shall be sufficient to clearly show all of the information required and shall be subject to the approval of the administrative officer. At a minimum, the following information shall be provided: 1.

Concept plans. A map or plan of the subdivision parcel showing the following information:

1. _____ Name of the proposed subdivision

2. _____ Name(s) and address(s) of property owner(s) and applicant(s)

3. _____ Date of plan preparation, with revision date(s) (if any)

4. _____ Graphic scale and true north arrow

5. _____ Plat and lot number(s) of the land being subdivided

6. _____ Zoning district(s) of the land being subdivided. If more than one district, zoning boundary lines must be shown

7. _____ Perimeter boundary lines of the subdivision, drawn so as to distinguish them from other property lines

8. _____ Area of the subdivision parcel(s) and proposed number of buildable lots, dwellings or other proposed improvements

9. _____ Location and dimensions of existing property lines within or adjacent to the subdivision parcel, easements and rights-of-way

10. _____ Location, width and names of existing streets within and immediately adjacent to the subdivision parcel

11. _____ Names of abutting property owners and property owners immediately across any adjacent streets

12. _____ Location of wooded areas, open meadows, significant wildlife habitats, tree lines, hedgerows and/or stone walls and notation of existing ground cover

13. _____ Location of wetlands, watercourses or coastal features present on or within 200 feet of the perimeter of the subdivision parcel

14. _____ Areas of agricultural use, existing or potential (article II)

15. _____ Approximate topography including notation of scenic views to, from or within the parcel.

16. _____ Location and approximate size of existing buildings or significant aboveground structures on or immediately adjacent to the subdivision and proposed buildings or structures within the subdivision

17. _____ Proposals, if any, for connection with existing water supply and sanitary sewer systems or a notation that wells and ISDS are proposed

18. _____ Provisions for collecting and discharging stormwater

19. _____ Location of community landmarks, historic cemeteries, historic structures within or immediately adjacent to the subdivision parcel(s)

20. _____ Proposed improvements including streets, lots, lot lines, with approximate lot areas and dimensions. Proposed lot lines shall be drawn so as to distinguish them from existing property lines.

21. _____ Location, dimension and area of any land proposed to be set aside as open space (if any).

Supporting materials. The applicant shall submit to the administrative officer ten copies of a narrative report providing a general description of the existing physical environment and existing use(s) of the property along with a general description of the uses and type of development proposed by the applicant. The narrative report shall include reduced copies of all plans required in No. 1 above plus the following:

1. _____ An aerial photograph or a blueline copy of an existing aerial photograph of the proposed subdivision parcel and surrounding area

2. _____ A copy of the soils map of the subdivision parcel and surrounding area, and a general analysis of soil types and suitability for the development proposed

3. _____ An estimate of the approximate population of the proposed subdivision

4. _____ Filing Fee ($100.00)

PRELIMINARY PLAT CHECKLIST NO. - 3 MINOR LAND DEVELOPMENTS AND MINOR SUBDIVISIONS#

1. _____ Name of the proposed subdivision

2. _____ Name(s) and address(s) of property owner(s) and applicant(s)

3. _____ Name, address and telephone number of engineer, land surveyor, architect or landscape architect.

4. _____ Date of plan preparation, with revision date(s) (if any)

5. _____ Graphic scale and true north arrow

6. _____ Plat and lot number(s) of the land being subdivided

7. _____ Zoning district(s) of the land being subdivided. If more than one district, zoning boundary lines must be shown

8. _____ Perimeter boundary lines of the subdivision, drawn so as to distinguish them from other property lines

9. _____ Area of the subdivision parcel(s) and proposed number of buildable lots, dwellings or other proposed improvements

10. _____ Location and dimensions of existing property lines within or forming the perimeter of the subdivision parcel(s)

11. _____ Easements and rights-of-way within or adjacent to the subdivision parcel(s)

12. _____ Location, width and names of existing streets within and immediately adjacent to the subdivision parcel

13. _____ Names of abutting property owners and property owners immediately across any adjacent streets

14. _____ Location of wooded areas, open meadows, significant wildlife habitats, tree lines, hedgerows and/or stone walls and notation of existing ground cover

15. _____ Location of wetlands, watercourses or coastal features present on or within 200 feet of the perimeter of the subdivision parcel

16. _____ Areas of agricultural use, existing or potential (article II)

17. _____ Existing contours at intervals of two feet

18. _____ Location and approximate size of existing buildings or significant aboveground structures on or immediately adjacent to the subdivision and proposed buildings or structures within the subdivision

19. _____ Location and dimension of all existing utilities within and immediately adjacent to the subdivision, including sewer, water, gas, electric, phone, cable TV, fire alarm, hydrants, utility poles, stormwater drainage facilities or other above or underground utilities

20. _____ Location of community landmarks, historic cemeteries, historic structures, on or immediately adjacent to the subdivision parcel(s)

21. _____ Location of scenic views to, from or within the parcel(s)

22. _____ Proposed streets, lots, lot lines, with approximate lot areas and dimensions. Proposed lot lines shall be drawn so as to distinguish them from existing property lines

23. _____ Grading plan in sufficient detail to show proposed contours for all grading proposed for on[-site] and off-site street construction, drainage facilities and grading upon individual lots if part of proposed subdivision improvements (if applicable)

24. _____ Proposed drainage plan and drainage calculations prepared by a registered professional engineer, if required by the technical review committee

25. _____ Proposed utilities plan, including sewer, water, gas, electric, phone, cable TV, fire alarm, hydrants, utility poles, or other proposed above or underground utilities, as applicable

26. _____ Location, dimension and area of any land proposed to be set aside as open space

27. _____ Up to 15 copies of the proposed subdivision plan reduced to no larger than 11 inches × 17 inches (actual number of copies to be determined by the administrative officer)

28. _____ Base flood elevation data

29. _____ Certification by a registered land surveyor that a perimeter survey of the land being subdivided has been performed and conforms to the survey requirements of these regulations

Supporting materials.

1. _____ Filing fee: $300.00 + $50.00 per acre

2. _____ A vicinity map, drawn to a scale of one inch = 400 feet or as necessary to show the area within one-half mile of the subdivision parcel showing the locations of all streets, existing lot lines, and zoning district boundaries.

3. _____ Soils map of the area. If any prime agricultural soils are within the subdivision parcel(s), the soils map shall be marked to show location of said prime agricultural soils

4. _____ Written confirmation that the Jamestown water department has reviewed the plan and is able to provide water service (if proposed)

_____ Date of letter: _____

5. _____ Written confirmation that the public works director has reviewed plans for proposed sewer service, and indicating whether sewer service is (is not) available and will (will not) be required.

6. _____ If individual sewage disposal systems are proposed, confirmation from the state department of the environment that the soils are adequate for the use of ISDS. Either of the following:

_____ Preliminary Subdivision Suitability Report no. _____

_____ Water table verification no. _____

7. _____ Written comments from the technical review committee (provided by the administrative officer)

8. _____ The names and addresses of all property owners, agencies or communities requiring notification as required by these regulations (required only if a street extension or creation is involved)

_____ Notification required

_____ Notification not required

9. _____ Copies of return receipts for certified mail notices (if required in No. 8, above)

10. _____ Either of the following:

_____ A letter to the planning commission stating the subdivider's intent to complete the required improvements prior to endorsement and recording; or

_____ A letter to the planning commission requesting that security sufficient to cover the cost of required improvements be established by the commission.

FINAL PLAT CHECKLIST NO. 4 MINOR LAND DEVELOPMENTS AND MINOR SUBDIVISIONS

The applicant shall submit to the administrative officer copies of final site plans and supporting materials as indicated below: 1.

Plat plans to be recorded. One copy of the final plat plan drawn on Mylar to a scale of one inch to 40 feet. The scale may be modified with the permission of the administrative officer. In addition, five blueline or photocopies shall also be submitted. Each sheet shall be no larger than 24 inches by 36 inches, and a sufficient number of sheets shall be included to clearly show all of the information required. Sheets shall be numbered sequentially (e.g., sheet 1 of 3, 2 of 3, etc.). The following information shall be shown on the plans:

1. _____ Name of the proposed subdivision

2. _____ Notation that the subdivision is located in the Town of Jamestown, RI

3. _____ Name(s) and address(s) of property owner and applicant

4. _____ Name, address and telephone number of engineer, or land surveyor, architect or landscape architect

5. _____ Date of plan preparation, with revision date(s) (if any)

6. _____ Graphic scale and true north arrow

7. _____ Plat and lot number(s) of the parcel being subdivided

8. _____ Zoning district(s) of the parcel being subdivided. If more than one district, zoning boundary lines must be shown

9. _____ Perimeter boundary lines of the subdivision, drawn so as to distinguish them from other property lines

10. _____ Location and dimensions of existing property lines, easements and rights-of-way within or immediately adjacent to the parcel being subdivided

11. _____ Location, width and names of proposed and existing streets within and immediately adjacent to the parcel being subdivided

12. _____ Names of abutting property owners and property owners immediately across any adjacent streets

13. _____ Location of proposed permanent bounds

14. _____ Location of all interior lot lines and street lines with accurate dimensions indicated

15. _____ Location and number of all proposed lots, with accurate areas indicated

16. _____ Location and notation of type of proposed easement(s) or existing easement(s) to remain (if any) with accurate dimensions and areas indicated

17. _____ Notation of special conditions of approval imposed by the planning commission (if any)

18. _____ Notation of any permits and agreements with state and federal reviewing agencies (if any)

19. _____ Certification by a registered land surveyor that all interior and perimeter lot lines and street lines of the land being subdivided have been designed to conform to Procedural and Technical Standards For the Practice of Land Surveying In the State of Rhode Island and Providence Plantations, as prepared by the Rhode Island Society of Professional Land Surveyors, Inc., May 1992, as amended

Construction drawings. Five blueline [copies] or photocopies of construction plans drawn to a scale of one inch to 40 feet. The scale may be modified with the permission of the administrative officer. Each sheet shall be no larger than 24 inches by 36 inches, and a sufficient number of sheets shall be included to clearly show all of the information required. Sheets shall be numbered sequentially (e.g., sheet 1 of 3, 2 of 3, etc.).

1. _____ Final construction plans as listed in the preliminary plat checklist, including plans of any additional improvements as required by the planning commission as a condition of approval.

2. _____ Certification (stamp) of a registered professional engineer that the construction drawings are correct

3. _____ Proposed street plan and profiles drawn at a scale of one inch = 40 feet horizontal and one inch = four feet vertical if required by the planning commission

4. _____ Street cross sections, if required by the planning commission

5. _____ Proposed landscaping plan, if required by the planning commission

6. _____ Soil erosion and sediment control plan (if required)

Supporting materials.

1. _____ Filing fee: $300.00 + $50.00 per acre

2. _____ Two original signed copies of all legal documents describing the property, including proposed easements and rights-of-way, dedications, restrictions, or other required legal documents.

Specify: _____

_____

3. _____ Written confirmation from the RI Department of the Environment pursuant to the department's rules and regulations governing the enforcement of the Freshwater Wetlands Act, and any subsequent amendments thereto, that plans of the proposed subdivision, including any required off-site construction, have been reviewed and indicating that the Wetlands Act either does not apply to the proposed site alteration or that approval has been granted for the proposed site alteration.

4. _____ In lieu of item 3. above, an affidavit signed by a qualified professional (a wetlands biologist, a registered professional engineer or a registered landscape architect) stating that there are no freshwater wetlands present on or within 200 feet of the property being subdivided

5. _____ Written approval of the proposed subdivision, including any required off-site construction, from the RI Coastal Resources Management Council in the form of an assent as provided in the Rhode Island Coastal Resources Management Program, or any subsequent amendments thereto.

6. _____ In lieu of item 5. above, an affidavit signed by a qualified professional or a letter from the coastal resources management council indicating that the provisions of the coastal resources management program do not apply.

7. _____ A physical alteration permit (PAP) issued by the state department of transportation for any connection to or construction work within a state highway or other right-of-way (if necessary)

Payment of required fees. Payment of the following fees or posting of financial guarantees, if required, to be prior to endorsement by the planning commission and recording of final plans:

1. _____ Final plat recording fee: Amount _____

2. _____ Performance bond or other financial guarantees:

Initial amount: _____

Date set by planning commission _____

3. _____ Fees in lieu of land dedication: Amount _____

4. _____ Inspection fee: Amount _____

5. _____ Maintenance bond for acceptance of public improvements (if applicable)

Amount _____

Date of council acceptance _____

Description _____

Date of expiration of maintenance bond _____

MASTER PLAN CHECKLIST NO. - 5 MAJOR LAND DEVELOPMENTS AND MAJOR SUBDIVISIONS#

The applicant shall submit to the administrative officer at least five blueline or photocopies of master plan maps required below. The scale of all plans shall be sufficient to clearly show all of the information required and shall be subject to the approval of the administrative officer. Plans shall include a certification that all plans and improvements conform to all existing and amended standards of the State of Rhode Island and Providence Plantations, Commission of Registration for Professional Engineers and Board of Registration of Land Surveyors. At a minimum, the following information shall be provided: 1.

Master plan drawing(s). A map or plan of the subdivision parcel showing the following information:

1. _____ Name of the proposed subdivision

2. _____ Name(s) and address(s) of property owner(s) and applicant(s)

3. _____ Name, address and telephone number of person or firm preparing master plan

4. _____ Date of plan preparation, with revision date(s) (if any)

5. _____ Graphic scale and true north arrow

6. _____ Plat and lot number(s) of the land being subdivided

7. _____ Zoning district(s) of the land being subdivided. If more than one district, zoning boundary lines must be shown

8. _____ Perimeter boundary lines of the subdivision, drawn so as to distinguish them from other property lines

9. _____ Area of the subdivision parcel(s) and proposed number of buildable lots, dwellings or other proposed improvements

10. _____ Location and dimensions of existing property lines within or adjacent to the subdivision parcel, easements and rights-of-way

11. _____ Location, width and names of existing streets within and immediately adjacent to the subdivision parcel

12. _____ Names of abutting property owners and property owners immediately across any adjacent streets

13. _____ Location of wooded areas, open meadows, significant wildlife habitats, tree lines, hedgerows and/or stone walls and notation of existing ground cover

14. _____ Location of wetlands, watercourses or coastal features present on or within 200 feet of the perimeter of the subdivision parcel

15. _____ Areas of agricultural use, existing or potential (article II)

16. _____ Existing topography with minimum contour intervals of two feet

17. _____ Location and approximate size of existing buildings or significant aboveground structures on or immediately adjacent to the subdivision and proposed buildings or structures within the subdivision

18. _____ Proposals, if any, for connection with existing water supply and sanitary sewer systems or a notation that wells and ISDS are proposed

19. _____ Provisions for collecting and discharging stormwater

20. _____ Location of community landmarks, historic cemeteries, historic structures on or immediately adjacent to the subdivision parcel(s)

21. _____ Location of scenic views to, from or within the parcel(s)

22. _____ Proposed improvements including streets, lots, lot lines, with approximate lot areas and dimensions. Proposed lot lines shall be drawn so as to distinguish them from existing property lines

23. _____ Base flood elevation data

24. _____ Location of open space and use plan

Supporting materials. The applicant shall submit to the administrative officer up to 20 copies of a narrative report (actual number of copies to be determined by the administrative officer) providing a general description of the existing physical environment and existing use(s) of the property along with a general description of the uses and type of development proposed by the applicant. The narrative report shall include reduced copies of all plans required in No. 1 above, plus items 2-7, below:

1. _____ Filing fee: $300.00, plus $50.00 per acre

2. _____ An aerial photograph or a blueline copy of an existing aerial photograph of the proposed subdivision parcel and surrounding area

3. _____ A copy of the soils map of the subdivision parcel and surrounding area, and a general analysis of soil types and suitability for the development proposed. If any prime agricultural soils are within the subdivision parcel(s), the soils map shall be marked to show the location of said prime agricultural soils

4. _____ An estimate of the approximate population of the proposed subdivision

5. _____ Proposed phasing, if any

6. _____ Site analysis (see article XIII, section G.)

7. _____ A vicinity map, drawn to a scale of one inch = 400 feet or as necessary to show the area within one-half mile of the subdivision parcel showing the locations of all streets, existing lot lines, and zoning district boundaries. Schools, parks, fire stations and other significant public facilities shall be indicated on the locus map by shading and labeling the specific use.

8. _____ Initial written comments on the master plan from the following agencies (provided by the administrative officer):

Local agencies: A. _____ Planning department Date: _____

B. _____ Town administrator Date: _____

C. _____ Public works Date: _____

E. _____ Building official Date: _____

G. _____ Solicitor Date: _____

H. _____ Conservation committee Date: _____

K. _____ Police department Date: _____

L. _____ Fire department Date: _____

N. _____ Other (specify) _____ Date: _____

State agencies: A. _____ Environmental management Date: _____

B. _____ Transportation Date: _____

C. _____ Coastal resources Date: _____

D. _____ Other (specify) _____ Date: _____

Federal agencies: A. _____ U.S. Army Corps Engineers Date: _____

B. _____ FEMA Date: _____

PRELIMINARY PLAT CHECKLIST NO. - 6 MAJOR LAND DEVELOPMENTS AND MAJOR SUBDIVISIONS#

Preliminary plat map(s). The applicant shall submit to the administrative officer at least five copies of the preliminary site plans drawn to a scale of one inch to 40 feet. The scale may be modified with the permission of the administrative officer. Each sheet shall be no larger than 24 inches by 36 inches, and a sufficient number of sheets shall be included to clearly show all of the information required. Sheets shall be numbered sequentially (e.g., sheet 1 of 3, 2 of 3, etc.). Plans shall include a certification that all plans and improvements conform to all existing and amended standards of the State of Rhode Island and Providence Plantations, Commission of Registration for Professional Engineers and Commission of Registration of Land Surveyors.

[All maps.] All maps required by this checklist shall show the following information (if applicable):

1. _____ Name of the proposed subdivision, including phase number

2. _____ Name(s) and address(s) of property owner(s) and applicant(s)

3. _____ Name, address and telephone number of engineer, land surveyor, architect or landscape architect

4. _____ Date of plan preparation, with revision date(s) (if any)

5. _____ Graphic scale and true north arrow

6. _____ Plat and lot number(s) of the parcel being subdivided

7. _____ Zoning district(s) of the parcel being subdivided. If more than one district, zoning boundary lines must be shown

8. _____ Perimeter boundary lines of the subdivision or phase, drawn so as to distinguish them from other property lines

9. _____ Location and dimensions of existing property lines, easements and rights-of-way within or immediately adjacent to the parcel being subdivided

10. _____ Location, width and names of existing streets within and immediately adjacent to the parcel being subdivided

11. _____ Names of abutting property owners and property owners immediately across any adjacent streets

[Existing conditions map.] An existing conditions map(s) to show the following:

1. _____ Date of the existing conditions shown

2. _____ Area of the parcel being subdivided

3. _____ Location of wooded areas, open meadows, significant wildlife habitats, tree lines, hedgerows and/or stone walls and notation of existing ground cover

4. _____ Areas of agricultural use or potential use (article II)

5. _____ Location of scenic views to, from or within the parcel(s)

6. _____ Location of wetlands, watercourses or coastal features present on or within 200 feet of the perimeter of the subdivision parcel

7. _____ Existing topography with minimum contour intervals of two feet

8. _____ Location and approximate size of existing buildings or significant aboveground structures on or immediately adjacent to the subdivision

9. _____ Location and dimension of all existing utilities within and immediately adjacent to the subdivision, including sewer, water, gas, electric, phone, cable TV, fire alarm, hydrants, utility poles, stormwater drainage facilities or other existing above[ground] or underground utilities

10. _____ Location of community landmarks, historic cemeteries, historic structures on or immediately adjacent to the subdivision parcel(s)

11. _____ Base flood elevation data

12. _____ Certification by a registered land surveyor that a perimeter survey of the land being subdivided has been performed and conforms to the survey requirements of these regulations

[Proposed conditions maps.] A proposed conditions map(s) to show the following:

1. _____ Proposed improvements including streets, lots, lot lines, with approximate lot areas and dimensions shown. Proposed lot lines shall be drawn so as to distinguish them from existing lot lines

2. _____ Location and dimension of all proposed utilities within and immediately adjacent to the subdivision, including sewer, water, gas, electric, phone, cable TV, fire alarm, hydrants, utility poles, street lights, stormwater drainage facilities or other proposed above or underground utilities

3. _____ Grading plan to show proposed contours at two-foot intervals for all grading proposed for on[-site] and off-site street construction, drainage facilities and upon individual lots if part of proposed subdivision improvements

4. _____ Landscape construction plan to show all significant proposed clearing of land, removal of existing vegetation, revegetation and/or planting on street rights-of-way and upon individual lots if part of proposed subdivision improvements

5. _____ Soil erosion and sediment control plan

6. _____ Proposed street plan and profiles drawn at a scale of one inch = 40 feet horizontal and one inch = four feet vertical

7. _____ Street cross sections

8. _____ Proposed street names

9. _____ Proposed sidewalks or bike paths

10. _____ Proposed street trees, if required by the planning commission

11. _____ Proposed drainage plan and drainage calculations prepared by a registered professional engineer

12. _____ Location, dimension and area of any land proposed to be set aside as open space

13. _____ Location of proposed stump dumps

14. _____ Twenty copies of the proposed subdivision plan reduced to no larger than 11 inches × 17 inches

15. _____ Proposed structures, buildings, [and] recreational facilities

Supporting materials.

1. _____ Filing fee: $300.00, plus $50.00 per acre, plus required mailing and advertising expenses

2. _____ Written confirmation from the RI Department of the Environment pursuant to the department's rules and regulations governing the enforcement of the Freshwater Wetlands Act, and any subsequent amendments thereto, that plans of the proposed subdivision, including any required off-site construction, have been reviewed and indicating that the Wetlands Act either does not apply to the proposed site alteration or that approval has been granted for the proposed site alteration

3. _____ Written approval of the proposed subdivision, including any required off-site construction, from the RI Coastal Resources Management Council in the form of an assent as provided in the Rhode Island Coastal Resources Management Program, or any subsequent amendments thereto

4. _____ Written confirmation that the Jamestown water department has reviewed the plan and is able to provide water service (if proposed)

Date of letter _____

5. _____ A physical alteration permit (PAP) issued by the state department of transportation for any connection to or construction work within a state highway or other right-of-way (if necessary)

6. _____ Preliminary subdivision suitability determination by the [state] department of the environment for the use of individual sewage disposal systems (if proposed)

7. _____ Written confirmation that the town engineer has reviewed plans for proposed sewer service, and indicating whether sewer service is (is not) available and will (will not) be required

8. _____ The names and addresses of owners of all properties, agencies or communities requiring notification as required by these regulations

9. _____ Copies of return receipts for certified mail notices (above)

10. _____ Draft copies of all legal documents describing the property, proposed easements and rights-of-way, dedications, restrictions, open space use and maintenance plan or other required legal documents

Specify _____

_____

11. _____ Either of the following:

a. _____ A letter stating it is the intent of the applicant to complete the required improvements prior to the planning commission's endorsement of the final plat; or

b. _____ A letter requesting that security sufficient to cover the cost of required improvements as provided in article VII be set by the planning commission

12. _____ Initial amount set by commission _____

Date _____

13. _____ Final written comments on the preliminary plan by the technical review committee, plus the following (provided by the administrative officer):

A. _____ Planning department Date: _____

B. _____ Public works director Date: _____

D. _____ Building official Date: _____

E. _____ Solicitor Date: _____

F. _____ Conservation committee Date: _____

G. _____ Other (specify) _____ Date: _____

_____

FINAL PLAT CHECKLIST NO. - 7 MAJOR LAND DEVELOPMENTS AND MAJOR SUBDIVISIONS#

The applicant shall submit to the administrative officer copies of final site plans and supporting materials as indicated below: 1.

Plat plans to be recorded. One copy of the final plat plan drawn on Mylar to a scale of one inch to 40 feet. The scale may be modified with the permission of the administrative officer. In addition, five blueline or photocopies shall also be submitted. Each sheet shall be no larger than 24 inches by 36 inches, and a sufficient number of sheets shall be included to clearly show all of the information required. Sheets shall be numbered sequentially (e.g., sheet 1 of 3, 2 of 3, etc.). Upon final acceptance of record of plat, all subdivisions are required to be published in [the] RI State Plane Coordinate System. The following information shall be shown on the plans:

1. _____ Name of the proposed subdivision

2. _____ Notation that the subdivision is located in the Town of Jamestown, RI

3. _____ Name(s) and address(s) of property owner(s) and applicant(s)

4. _____ Name, address and telephone number of engineer, land surveyor, architect or landscape architect

5. _____ Date of plan preparation, with revision date(s) (if any)

6. _____ Graphic scale and true north arrow

7. _____ Plat and lot number(s) of the parcel being subdivided

8. _____ Zoning district(s) of the parcel being subdivided. If more than one district, zoning boundary lines must be shown

9. _____ Perimeter boundary lines of the subdivision, drawn so as to distinguish them from other property lines

10. _____ Location and dimensions of existing property lines, easements and rights-of-way within or immediately adjacent to the parcel being subdivided

11. _____ Location, width and names of proposed and existing streets within and immediately adjacent to the parcel being subdivided

12. _____ Names of abutting property owners and property owners immediately across any adjacent streets

13. _____ Location of proposed permanent bounds

14. _____ Location of all interior lot lines and street lines with accurate dimensions indicated

15. _____ Location and number of all proposed lots, with accurate areas indicated

16. _____ Location and notation of type of proposed easement(s) or existing easement(s) to remain (if any) with accurate dimensions and areas indicated

17. _____ Notation of special conditions of approval imposed by the planning commission (if any)

18. _____ Notation of any permits and agreements with state and federal reviewing agencies (if any)

19. _____ Phasing schedule (if any)

20. _____ Certification by a registered land surveyor that all interior and perimeter lot lines and street lines of the land being subdivided have been designed to conform to the survey requirements of these regulations and are certified as being correct

Construction drawings. Five blueline or photocopies of construction plans drawn to a scale of one inch to 40 feet. The scale may be modified with the permission of the administrative officer. Each sheet shall be no larger than 24 inches by 36 inches, and a sufficient number of sheets shall be included to clearly show all of the information required. Sheets shall be numbered sequentially (e.g., sheet 1 of 3, 2 of 3, etc.).

1. _____ Final construction plans as listed in the preliminary plat checklist, including plans of any additional improvements as required by the planning commission as a condition of approval

2. _____ Certification by a registered professional engineer that the plan is correct

3. _____ For phased projects, as-built drawings for the previous phase (if applicable)

Supporting materials.

1. _____ Certificate of the tax collector showing that all taxes due on the parcel being subdivided have been paid for a period of five years prior to filing of the final plat and that there are no outstanding municipal liens on the parcel

2. _____ Filing fee: $300.00 + $50.00 per acre

3. _____ Performance bond or other financial guarantees (if applicable)

4. _____ Two original signed copies of all legal documents describing the property, creating a maintenance of common land guarantee, proposed easements and rights-of-way, dedications, restrictions or other required legal documents

Specify: _____

5. _____ Two signed copies of an irrevocable offer to convey to the town all public streets and/or other public improvements, accompanied by a metes and bounds description of said areas

6. _____ Deed and final legal documents transferring land proposed for dedication to the town or other qualified group or agency for open space purposes

7. _____ Upon final acceptance of record of plat, all subdivisions are required to be published in [the] RI State Plane Coordinate System.

Payment of required fees. Payment of the following fees or posting of financial guarantees, if required, to be prior to endorsement by the planning commission and recording of final plans:

1. _____ Final plat recording fee: Amount _____

2. _____ Performance bond or other financial guarantees

Initial amount _____

Date set by planning commission: _____

Date of expiration of bond: _____

3. _____ Fees in lieu of land dedication: Amount _____

4. _____ Inspection fee: Amount _____

5. _____ Maintenance bond for acceptance of public improvements (if applicable)

Amount: _____

Date of council acceptance: _____

Description: _____

_____

Date of expiration of maintenance bond: _____

APPENDIX B. ILLUSTRATIONS

Ill. 1. Street Intersections

Ill. 2. Permanent Cul-De-Sac Street

Ill. 3. Temporary Cul-De-Sac Street

Ill. 4. Deflection Angle

Ill. 6. Collector Street—Typical Street Cross Section

Ill. 8. Minor Street—Typical Street Cross Section

Ill. 10. Sidewalk Installation Detail

Ill. 13. Lot Frontage on Cul-De-Sac xpp rotatepg?=""?

Ill. 15. Cluster Development Master Plan