ARTICLE XIII. - DESIGN AND PUBLIC IMPROVEMENT STANDARDS

Part of the Code of Ordinances of Jamestown, RI.

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

The text

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.