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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:
1.
Protect the public health, safety and welfare of the community;
2.
Provide for the orderly, thorough and expeditious review and approval of subdivisions and land development projects;
3.
Promote high quality and appropriate design and construction of subdivisions and land development projects;
4.
Protect existing natural and built environments and mitigate the significant negative impacts of proposed development on those environments;
5.
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;
6.
Provide for design and construction standards that are appropriate to the community;
7.
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;
8.
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;
9.
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.
B.
Construction and intent.
1.
These regulations are not intended to supersede, abrogate or interfere with any provision of any ordinance of the Town of Jamestown.
2.
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.
3.
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.
4.
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.
C.
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.
D.
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:
1.
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.
2.
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:
a.
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
b.
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
c.
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
d.
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."
3.
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.