The text
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:
a)
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.
b)
Land located within zone A8 as shown on the Town of Jamestown Flood Insurance Rate Map, and any revisions thereto.
c)
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:
1)
The basic development unit for determination of lot area, depth, and other dimensional regulations; or
2)
A parcel of land whose boundaries have been established by some legal instrument such as a recorded deed or recorded map and which is recognized as a separate legal entity for purposes of transfer of title.
(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:
a.
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.
b.
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.
c.
Local. Public or private streets whose primary function is to provide access to abutting properties.
d.
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:
a.
Having [Has] an interest in land, causes it, directly or indirectly, to be separated into two or more parts, or who;
b.
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;
c.
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.