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A.
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.
1.
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.
2.
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.
A notation is shown on the recorded plat that the lot being created is not a buildable lot; and
b.
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.
3.
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.
4.
There shall be no significant negative environmental impacts from the proposed development as shown on the final plan, with all required conditions for approval.
5.
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.
6.
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.
7.
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]
8.
The design and location of streets, building lots, utilities, drainage improvements and other improvements in each subdivision shall minimize flooding and soil erosion.
9.
All lots shall have access to sufficient potable water for the intended use.
B.
Required phasing of major land developments and major subdivisions.
1.
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.
2.
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.
3.
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:
a.
An estimate of the impact of the subdivision on the facilities and/or services provided by the department or agency;
b.
Whether existing facilities and/or services are adequate to serve the subdivision's residents;
c.
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
d.
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.
4.
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.
5.
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.
6.
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.
C.
Land unsuitable for development.
1.
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:
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 G.L. 1956, § 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 dwelling project in accordance with applicable subdivision regulations.
2.
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].
D.
Dedication of land for public purposes.
1.
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.
2.
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.
3.
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
1
The maximum number of dwelling units in all phases of the land development project or subdivision.
2
Persons per dwelling unit. See subsection 8 below.
3
Land need. See subsection 7 below.
4.
Ownership of land. Land dedications required by this section may be made by transfer of fee simple ownership to the following:
a.
The Town of Jamestown;
b.
A private homeowner's association;
c.
A private not-for-profit corporation or organization.
5.
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)
1
Land required as per subsection D.3 of this article.
2
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.
6.
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:
a.
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;
b.
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
c.
The planning commission and subdivider may agree as to the fair market value.
7.
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.
8.
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.
9.
Time of dedication or payment. All land dedications required by this section shall be made at the time of recording of the plat.