ARTICLE II. - PLAN COMMISSION AND GENERAL PLATTING, SUBDIVISION, DEVELOPMENT
Part of the Code of Ordinances of Scituate, RI.
The text
Sec. 14-26. - Establishment and organization.#
(a)
[Established.] There is hereby established a plan commission of five (5) members in and for the town.
(b)
Appointment, terms of members. Each member of the plan commission shall be appointed by the town council for a term of five (5) years, except that the original appointments shall be for staggered terms. Members shall serve until their successors are appointed and qualified.
(c)
Alternate members and organization. There shall be two (2) alternate members of the plan commission, each of whom shall be appointed by the town council for a term of one (1) year. Alternate members shall serve in the place of regular members where regular members are absent or otherwise unable to serve. In such instances where an alternate is required to serve, the chairman, or acting chairman, of the plan commission shall designate which alternate shall serve.
(d)
[Chairman and vice-chairman.] The plan commission shall organize annually by electing from its membership a chairman and a vice-chairman. The commission may adopt any procedural rules deemed necessary to the discharge of its duties.
(e)
Adoption of regulations. The plan commission is hereby authorized and directed to adopt, modify and amend rules and regulations governing and restricting the platting or other subdivision of land within the town and to control the subdivision of land pursuant to such rules and regulations.
(f)
Hearing. The plan commission, before adopting, modifying or amending any rules or regulations for the subdivision of land in the town, shall hold a public hearing thereon after first giving notice specifying the time and place of such hearing by publication of such notice in a newspaper of general circulation within the town at least once a week for three (3) successive weeks prior to the date of such hearing.
State law reference— Comment Text (parent not a footnote)Composition, terms of members, filling vacancies of local planning boards, G.L. 1956, § 45-22-3; local planning boards, G.L. 1956, § 45-22-1 et seq.
Sec. 14-27. - Definitions.#
For the purpose of these regulations, certain terms and words are herein defined as follows:
Administrative officer. The town engineer.
Administrative subdivision. Resubdivision of existing lots which 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.
Board of appeal. See section 14-64.
Bond. See improvement guarantee.
Buildable lot. A lot where construction for the use(s) permitted on the site under the zoning ordinance is considered practicable by the plan commission, considering the physical constraints to development of the site as well as the requirements of the pertinent federal and state regulations.
Certificate of completeness. A notice issued by the administrative officer informing an applicant that the application is complete and meets the requirements of the regulations, and that the applicant may proceed with the approval process.
Concept plan. A drawing with accompanying information showing the basic elements of a proposed land development plan or subdivision as used for preapplication meetings and early discussions, and classification of the project within the approval process.
Consistency with the comprehensive plan. A requirement of these regulations which means that all actions shall be in accordance with the public policies arrived at through adoption of the comprehensive plan.
Dedication, fee-in-lieu-of. Payments of cash which are authorized when requirements for mandatory dedication of land are not met because of physical conditions of the site or other reasons.
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.
Division of land. A subdivision.
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."
Final plan. The final stage of land development and subdivision review.
Final plat. The final drawing(s) of all or a portion of a subdivision to be recorded after approval by the plan commission and any accompanying material as described in these regulations and/or required by the plan commission.
Floor area, gross. See Rhode Island State Building Code.
Governing body. Town council.
Improvement. Any natural or built item which becomes part of, is placed upon, or is affixed to, real estate.
Improvement guarantee. An irrevocable letter of credit, as approved by the plan commission or cash. (Generally in the form of a two-party bank account, one party being the town.)
Local regulations. The Town of Scituate Ordinances.
Maintenance guarantee. Any security instrument to ensure that completed improvements will function as required for one (1) year.
Major land development plan. Any land development plan not classified as a minor land development plan.
Major subdivision. Any subdivision not classified as either an administrative subdivision or a minor subdivision. All non-single family residential subdivisions shall be considered as major subdivisions.
Master plan. A 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. Required in major land development or major subdivision review.
Minor land development plan. A development plan for a residential project provided that such development does not require waivers or modifications. All nonresidential land development projects shall be considered as major land development plans.
Minor subdivision. A plan for a residential subdivision of land consisting of five (5) or fewer units or lots, provided that such subdivision does not require waivers or modifications.
Modification of requirements. Variances from these regulations as requested or required by the plan commission.
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.
Parking area or lot. All that portion of a development that is used by vehicles, the total area used for vehicular access, circulation, parking, loading and unloading.
Permitting authority. The town council and zoning board of review.
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.
Physical constraints to development. Characteristics of a site or area, either natural or man-made, which present significant difficulties to construction of the uses permitted on that site, or would require extraordinary construction methods. See also "environmental constraints."
Plan commission. The official planning agency of the town.
Plat. A drawing or drawings of a land development or subdivision plan showing the location, boundaries, and lot lines of individual properties, as well as other necessary information as specified herein.
Preapplication conference. An initial meeting between developers and the plan commission which affords developers the opportunity to present their proposals informally and to receive comments and directions.
Preliminary plan. The required stage of land development and subdivision review which shall require detailed engineered drawings and all required state and federal permits.
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 is presently responsible, or will ultimately assume the responsibility for maintenance and operation upon acceptance.
Public informational meeting. A meeting of the plan commission or governing body preceded by a notice, open to the public and at which the public shall be heard.
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 subdivision regulations.
Stormwater detention. A provision for storage of stormwater runoff and the controlled release of such runoff during and after a flood or storm.
Stormwater retention. A provision for storage of stormwater runoff.
Street. A public or private thoroughfare used, or intended to be used, for passage or travel by motor vehicles. Streets are further classified by the functions they perform. See "street classification."
Street, access to. An adequate and permanent way of entering a lot. All proposed lots of record shall have access to a public street for all vehicles normally associated with the uses permitted for that lot.
Street, alley. A public or private thoroughfare primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.
Street, cul-de-sac. A local street with only one outlet and having an appropriate vehicular turnaround, either temporary or permanent, at the closed end.
Street, limited access highway. A freeway or expressway providing for through traffic. Owners or occupants of abutting property on lands and other persons shall 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.
Street, private. A thoroughfare established as a separate tract for the benefit of multiple, adjacent properties and meeting specific, municipal improvement standards. This definition shall not apply to driveways.
Street, public. All public property reserved or dedicated for street traffic.
Street, stub. A portion of a street reserved to provide access to future development, which may provide for utility connections.
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. Major categories are: (1)
Arterial. A major street that serves as an avenue for the circulation of traffic into, out of, or around the town and carries high volumes of traffic.
(2)
Collector. A street whose principal function is to carry traffic between local streets and arterial streets but that may also provide direct access to abutting properties.;
(3)
Local. Streets whose primary function is to provide access to abutting properties.
Subdivider. Any person who (1) having an interest in land, causes it, directly or indirectly, to be divided into a subdivision; or who (2) 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 (3) engages directly or through an agent in the business of selling, leasing, developing or offering for sale, lease or development a subdivision or any interest, lot, parcel, site, unit or plat in a subdivision.
Subdivision. The division or redivision, of a lot, tract or parcel of land into two (2) or more lots, tracts or parcels. Any adjustment 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.
Technical review committee. A committee appointed by the plan commission for the purpose of reviewing, commenting and making recommendations to the plan commission with respect to approval of land development and subdivision applications.
Temporary improvement. Improvements built and maintained by a developer during construction of a development project and prior to release of the improvement guarantee, but not intended to be permanent.
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 the completion of the project.
Waiver of requirements. See section 14-55.
Sec. 14-28. - General—Platting, land development or other subdivision of land.#
(a)
Submission of plan required; exception. There shall be no subdivision (as defined herein and in Title 45, Chapter 23 of the General Laws) of any lot, tract or parcel of land within the town, and no improvement or sale of a lot or lots in a subdivision, without the prior submission to, and approval of, the plan commission of a plan of such subdivision; except in the case of subdivisions and plats which were on record prior to the passage on January 16, 1958, of the ordinance controlling the subdivision of land and plats of which have since then been recorded with the approval of the plan commission.
(b)
Plan commission meetings. Regularly scheduled meetings of the plan commission shall be held on the third Tuesday of each month at 8:00 p.m. in the town council chambers.
(c)
General requirements. The requirements listed below shall be applicable to all land developments and subdivisions submitted for approval, unless otherwise specifically provided. Prior to approval of any subdivision or land development project, (if plan commission approval is required) the board 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 plan commission shall have grounds for denial of the project design.
(1)
Each land development or subdivision shall be consistent with the requirements of the Scituate Comprehensive Community Plan and shall satisfactorily address the issues where there may be inconsistencies;
(2)
Each lot in the land development or subdivision shall conform to the standards and provisions of the Scituate Zoning Ordinance. Provided, however, that lots not being created for the purpose of present or future development need not meet the area and other dimensional requirements [in] the zoning ordinance 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 easement pursuant to Title 34, Chapter 39 of the General Laws, as amended, is granted to the town prohibiting any such present or future development.
(3)
There will be no significant negative environmental impacts from the proposed development as shown on the final plan, with all required conditions for approval;
(4)
The land development or subdivision, as proposed, will 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 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;
(5)
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;
(6)
Each land development or subdivision shall provide for safe circulation of pedestrian and vehicular traffic, for adequate surface water run-off, for suitable building sites, and for preservation of natural, historical, or cultural features that contribute to the attractiveness of the community; and
(7)
The design and location of streets, building lots, utilities, drainage improvements and other improvements in each land development or subdivision shall minimize flooding and soil erosion.
(d)
Phasing of major land developments and major subdivisions.
(1)
When a major land development and major subdivision is submitted for master plan approval as provided in article III of these regulations, the plan 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 plan commission determines that such improvements, services and facilities, including, but not limited to, water supply, sewerage capabilities, 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 plan 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 requirements 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 be requested to provide its comments in writing to the plan commission. 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. The applicant shall provide proof of submission to the administrative officer.
(3)
Each department or agency to which such a request for comments is made shall deliver to the administrative officer in addition to the written correspondence, 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.
(4)
Based on the responses received from the various departments and agencies, the plan 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 plan commission may require that improvements be installed, or lots sold, in two (2) or more phases.
(5)
If phasing is required, the plan 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 (2) or more phases as may be required by the plan commission. 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 (2) 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.
(7)
The master plan shall remain vested as long as it can be proved, to the satisfaction of the plan commission, that work is proceeding on either the approval stages or on the construction of the development as shown in the approved master plan documents. Vesting shall extend to all information shown on the approved master plan documents.
(e)
Land unsuitable for development.
(1)
Fresh water wetlands, except that area of perimeter wetland within fifty (50) feet of the edge of any bog, marsh, swamp or pond; or any applicable one hundred-foot or two hundred-foot riverbank wetlands, as defined by Section 2-1-20 of the General Laws (1987), as amended.
(2)
Areas within a flood hazard area, as defined by the Scituate Zoning Ordinance, as amended.
(3)
Land within any publicly or privately held easement on which above-ground utilities, including, but not limited to, electrical transmission lines, are constructed.
(4)
Land on which development would clearly and directly degrade, impair or otherwise cause a negative impact on the Scituate Reservoir water quality on tributaries thereto.
(f)
Dedication of land for public purposes.
(1)
The plan commission shall require all land developments and subdivisions subject to the provisions of these regulations to dedicate seven (7) percent of the land being subdivided for the purpose of providing open space, park and recreational facilities to serve present and future residents of the proposed land development or subdivision. The plan 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)
Fees-in-lieu-of land dedication. Where a fee is required by the plan 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. The amount of such fee shall be determined by the following formula:
a.
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.
b.
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:
1.
Annual review by the town tax assessor of all sales of vacant lots of at least sixty thousand (60,000) square feet in area in town assuming all subdivision improvements have been made and infrastructure is in place.
2.
If the subdivider objects to such amount of evaluation, he may, at his on expense, obtain an appraisal of the property by a qualified real estate appraiser which appraisal may be accepted by the plan commission if found to be reasonable; or
3.
The plan commission and subdivider may agree as to the fair market value.
(g)
Fees-in-lieu of public improvements or mitigation of negative impacts. The town and land developer may agree on payment in-lieu-of specified improvements or construction to mitigate significant negative impact. Such negative impact of the proposed project on existing conditions shall be clearly documented and payment in-lieu-of shall only be spent on the mitigation of the identified impact for which it is required.
(h)
Impact assessment.
(1)
The plan commission may require the applicant prepare an impact assessment to assess the potential short and long term affects of the proposed subdivision or land development project under either of the following conditions: The plan commission finds that there is reasonable expectation that the proposed subdivision or land development project will have a significant negative environmental impact on natural systems located on the property that is the subject of the application, upon nearby properties or natural systems or the Scituate Reservoir Watershed.
(2)
The commission shall make finding of fact in writing and shall identify the environmental resources it finds to be potentially threatened. The commission's finding shall be made a part of the record of the application.
(3)
An impact assessment required under this section shall include research and documentation describing and assessing short- and long-term environmental impacts which may include, but not be limited to, impacts upon:
—Freshwater wetlands
—Scenic areas
—Noise and air quality
—Solid waste generation
—Historic/archaeologic areas
—Unique natural areas or areas of critical conservation concern
—Scituate Reservoir and watershed
—Traffic
—Soils
—Vegetation
—Wildlife
—Groundwater (4)
If an impact assessment is required, the applicant shall be so informed at the preliminary meeting for a minor subdivision, or the master plan stage for a major subdivision and shall be advised at that meeting as to the specific information that the impact assessment must contain.
(5)
For any subdivision or land development project for which an impact assessment is required, the commission shall have the authority to impose conditions on approval that, based on the findings and analysis of the impact assessment, are reasonably necessary to minimize adverse impacts that the development may have on the natural or man-made environment.
(6)
All impact assessments shall be referred to the conservation commission for their review and comment.
Sec. 14-29. - Prior approval of streets, subdivision plats or building permits necessary; exceptions.#
(a)
No new street or streets in any new subdivision will be accepted into the town highway system, no plat of a subdivision will be accepted for record, and no building permit will be issued for lots in any subdivision, without the prior approval of such plat or subdivision by the plan commission; except in the case of subdivisions, plats of which were on record prior to the passage on January 16, 1958, of the ordinance controlling the subdivision of land, and plats of which have since then been recorded with the approval of the plan commission.
(b)
Generally, the procedure for approval of a subdivision and the required improvements shall be a four-step process. The first three (3) steps involve development of the plat plans through public hearings with the plan commission as required by sections of these regulations. The fourth step involves construction of the proposed improvements. Application forms and checklists for required submissions are included in appendix A.