Appendix D - SUBDIVISION AND LAND DEVELOPMENT

Part of the Code of Ordinances of West Warwick, RI.

Local law · Updated October 21, 2025 · 1,422 sections

The text

Footnotes:

--- (1) --- Editor's note— Printed herein is the subdivision and land development ordinance of the city, being an Ord. No. 2024-1, adopted Oct. 30, 2024, as amended. The ordinance is included herein substantially as enacted, except that treatment of numbers within text has been made uniform to conform to the style used in this Code, obviously misspelled words have been corrected without notation, and in a few instances, material has been added, in brackets, for clarity. Amendments to the ordinance are indicated in parentheses at the ends of affected sections.

Editor's note— Ord. No. 2024-1, adopted Oct. 30, 2024, repealed former app. D, §§ 20-1—20-49 and appendix A, and enacted a new app. D as set out herein. Former App. D pertained to franchises and agreements and derived from Ord. adopted February 4, 2013; Amd. of 4-1-2013; Amd. of 11-12-2013; Amd. of 6-3-2014; Amd. of 2-7-2022; Amd. of 10-3-2022; Amd. of 4-3-2023; Amd. of 6-5-2023; Amd. of 10-2-2023

Sec. 1. - Title.#

These regulations shall be known as the "West Warwick Land Development and Subdivision Review Regulations" (the "Regulations").

(Ord. No. 2024-1, 10-30-2024)

Sec. 2. - Requirement in all municipalities.#

(a)

The town adopts these land development and subdivision review regulations, referred to as local regulations in the state land development and subdivision act of 1992 (the act) and these regulations comply with all the provisions of this act.

(b)

The town thus establishes the standard review procedures for local land development and subdivision review and approval as specified in this chapter. The procedures are intended to provide thorough, orderly, and expeditious processing of development project applications.

(Ord. No. 2024-1, 10-30-2024)

Sec. 3. - Applicability.#

(a)

These regulations shall be applicable in all of the following instances:

(1)

In all cases of subdivision of land, including resubdivision, as defined in G.L. 1956, § 45-23-32 of the act, all provisions of G.L. 1956, §§ 45-23-25 through 45-23-74 of the act shall apply;

(2)

In all cases of land development projects, as provided for in G.L. 1956, § 45-24-47 of the zoning enabling act of 1991, where the town may allow for such land development projects in the zoning ordinance; and/or

(3)

In all cases of development plan review, as provided for in G.L. 1956, § 45-24-49 of the zoning enabling act of 1991, where the town has established, within its zoning ordinance, such procedures for planning board review of applications.

(b)

Plats required.

(1)

All activity defined as subdivision shall require a new plat, drawn to the specifications of these regulations, which shall be reviewed and approved by the planning board or its agents as provided in this chapter; and

(2)

Prior to recording, the approved plat shall be submitted for signature and recording as specified in G.L. 1956, § 45-23-64 of the act. See section 38.

(Ord. No. 2024-1, 10-30-2024)

Sec. 4. - Continuation of ordinances—Supersession; effect on earlier recorded plats.#

(a)

Chapter 17 of the Code of the town and regulations or rules adopted under authority of G.L. 1956, §§ 45-23-1 through 45-23-24, or any special subdivision enabling act that is in effect shall remain in full force and effect until December 1, 1994.

(b)

G.L. 1956, §§ 45-23-1 through 45-23-24 and all special subdivision enabling acts in effect are hereby repealed effective December 1, 1994.

(c)

Nothing herein contained and no town ordinance, rule or regulation adopted under this chapter shall impair the validity of any plat legally recorded prior to the effective date of such ordinance, rule or regulation.

(Ord. No. 2024-1, 10-30-2024)

Sec. 5. - General purposes of these regulations.#

The purpose of these regulations is to establish procedural and substantive provisions for the subdivision and development of land that will, consistent with the provisions of the comprehensive community plan and the zoning ordinance, accomplish the following purposes: (1)

Providing for the orderly, thorough and expeditious review and approval of land developments and subdivisions;

(2)

Promoting high quality and appropriate design and construction of land developments and subdivisions;

(3)

Promoting the protection of the existing natural and built environment and the mitigation of all significant negative impacts of any proposed development on the existing environment;

(4)

Promoting design of land developments and subdivisions which are well-integrated with the surrounding neighborhoods with regard to natural and built features, and which concentrate development in areas which can best support intensive use by reason of natural characteristics and existing infrastructure;

(5)

Encouraging design and improvement standards to reflect the intent of the town comprehensive plan with regard to the physical character of the various neighborhoods and districts of the municipality;

(6)

Promoting thorough technical review of all proposed land developments and subdivisions by appropriate local officials;

(7)

Requiring dedications of public land, impact mitigation, and payment-in-lieu thereof, to be based on clear documentation of needs and to be fairly applied and administered; and

(8)

Establishing a consistent application of procedures for record-keeping on all matters of land development and subdivision review, approval and construction.

(Ord. No. 2024-1, 10-30-2024)

Sec. 6. - Consistency with comprehensive plan, zoning ordinance and the act.#

In the instance of uncertainty in the construction or application of any section of this chapter, it shall be construed in a manner that will further the implementation of, and not be contrary to, the goals and policies and applicable elements of the town comprehensive plan and the town zoning ordinance. Furthermore, this chapter shall be construed in a manner which is consistent with the legislative findings, intents, and purposes of G.L. 1956, §§ 45-23-25 through 45-23-74 of the act.

(Ord. No. 2024-1, 10-30-2024)

Sec. 7. - Definitions.#

Where words or phrases used in this chapter are defined in the definitions section of either the "Rhode Island Comprehensive Planning and Land Use Regulation Act," G.L. 1956, § 45-22.2-4, or the "Zoning Enabling Act of 1991," G.L. 1956, § 45-24-31, they shall have the meanings stated therein. In addition, the following words and phrases shall have the following meanings. The words "chapter" and "regulations" are used interchangeably throughout.

Administrative officer. The municipal official(s) designated by the local regulations to administer the land development and subdivision regulations and to review and approve qualified applications and/or coordinate with local boards and commissions, municipal staff and state agencies as set forth herein.

Board of appeal. The local review authority for appeals of actions of the administrative officer, which shall be the local zoning board of review constituted as the board of appeal

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 planning board, considering the physical constraints to development of the site as well as the requirements of the pertinent federal, state and local regulations. See section 34(4).

Certificate of completeness. A notice issued by the administrative officer informing an applicant that the application is complete and meets the requirements of this chapter and that the applicant may proceed with the review 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 all town regulations which means that all such regulations and subsequent actions shall be in accordance with the public policies arrived at through detailed study and analysis and adopted by the town as the comprehensive plan as specified in G.L. 1956, § 45-22.2-3.

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. The conditions under which such payments will be allowed and all formulas for calculating the amount are specified as contained herein. See section 21.

Development regulation. Zoning, subdivision, land development plan, development plan review, historic district, official map, flood plain 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 planning board and any accompanying material as described in this chapter and/or required by the planning board.

Floor area, gross. See state building code.

Improvement. Any natural or built item which becomes part of, is placed upon, or is affixed to, real estate.

Improvement guarantee. A security instrument accepted by the town to ensure that all improvements, facilities, or work required by the land development and subdivision regulations, or required as a condition of approval, will be completed in compliance with the approved plans and specifications of a development. See section 20.

Maintenance guarantee. A security instrument which may be required and accepted by the town to ensure that necessary improvements will function as required for a specific period of time. See improvement guarantee.

Land-development project. A project in which one or more lots, tracts, or parcels of land or a portion thereof are developed or redeveloped as a coordinated site for one or more uses, units, or structures, including but not limited to, planned development or cluster development for residential commercial, institutional, recreational, open space, or mixed uses.

Major land development project. A land development project which exceeds the thresholds for a minor land development project as set forth in this section.

Minor land development project. A land development project involving any one of the following categories: • Seven thousand five hundred (7,500) gross square feet of floor area of new commercial, manufacturing or industrial development; or less, or

• An expansion of up to fifty percent (50%) of existing floor area or up to ten thousand (10,000) square feet for commercial, manufacturing, or industrial structures; or

• Mixed-use development consisting of up to six (6) dwelling units and two thousand five hundred (2,500) gross square feet of commercial space or less.

• Multi-family residential or residential condominium development of nine (9) units or less.

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. Required in major land development or major subdivision review only. It is the first formal review step of the major land development or major subdivision process and the step in the process in which the public hearing is held.

Modification of requirements. See section 36.

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 local agency of government, meaning any board, commission or administrative officer specifically empowered by state enabling law and local regulation or ordinance to hear and decide on specific matters pertaining to local land use.

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. See section 22.

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.

Planning board. 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 in these regulations.

Pre-application conference. An initial meeting between developers and municipal representatives which affords developers the opportunity to present their proposals informally and to receive comments and directions from the municipal officials and others. See section 9.

Preliminary plan. A required stage of land development and subdivision which generally requires engineered drawings.

Public improvement. Any street or other roadway, sidewalk, pedestrian way, tree, lawn, off-street parking area, drainage feature, or other facility for which the local government or other governmental entity either is presently responsible, or will ultimately assume the responsibility for maintenance and operation upon municipal acceptance.

Slope of land. The grade, pitch, rise or incline of the topographic landform or surface of the ground.

Storm water detention. A provision for storage of storm water runoff and the controlled release of such runoff during and after a flood or storm.

Storm water retention. A provision for storage of storm water runoff.

Street. A public right of way or highway established, accepted and maintained under public authority. 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 lots of record shall have access to a street or private street for all vehicles normally associated with the uses permitted for that lot. No lot of record shall be permitted with frontage only on a street stub.

Street, alley. A public or private thoroughfare primarily designed and maintained either by public or private authority 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 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 and maintained under private authority. 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 (also refer to AASHTO). Local classifications shall use the following as major categories: (1)

Arterial. A major street that serves as an avenue for the circulation of traffic into, out of, or around the town and which 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 of a lot, tract or parcel of land into two or more lots, tracts, or parcels or any adjustment to existing lot lines is considered a subdivision. (1)

Administrative subdivision. Subdivision of existing lots which yields no additional lots for development and involves no creation or extension of streets. This subdivision only involves division, mergers, mergers and division, or adjustments of boundaries of existing

(2)

Minor subdivision. A subdivision of land creating nine or more buildable lots and a subdivision creating ten or more buildable lots on an improved existing public street. The process by which a municipal planning board, commission, technical review committee, and/or administrative officer reviews a minor subdivision is set forth in G.L. 1956, § 45-23-38. Minor subdivisions shall include oversized lot subdivisions.

Oversized lot subdivision. Subdivision of an existing lot:

Which results in the creation of a vacant lot or lots for residential use; and

Which resulting vacant residential lots are equal to or greater in lot area than the lot area of at least 50 percent of the developed residential lots within 200 feet of the lot proposed for subdivision, as confirmed by a professional land surveyor based on a compilation plan, as such term is defined by the rules and regulations for professional land surveying; and

Which resulting residential lots have access to available sewer and water, or have demonstrated the ability to drill a private well meeting state standards if no public water is available and/or the suitability and setbacks required for an on-site wastewater treatment system, where no public sewer is available; and

The resulting lots are not less than 3,000 sq. ft. in lot size for each. A lot, qualifying for this type of subdivision shall be reviewed under the requirements and procedures set forth in G.L. 1956, § 45-23-38, but shall not require zoning relief solely based on the resulting reduced lot area of the newly created lots. The resulting subdivided lots shall have the benefit of reduced requirements as set forth in G.L. 1956, § 45-24-38, and/or are eligible for the processes set forth in G.L. 1956, § 45-24-46, as applicable.

(3)

Major subdivision. A subdivision creating ten or more buildable lots where a street extension or street creation is required. The process by which a municipal planning board or commission reviews any subdivision qualifying for this review under 45-23-39.

Technical review committee. A committee appointed by the planning board for the purpose of reviewing, commenting, and making recommendations to the planning board with respect to approval of land development and subdivision applications. Members of the committee are the town planner, director of public works, the town engineer, town solicitor, and the superintendent of sewers.

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 36.

(Ord. No. 2024-1, 10-30-2024; Res. No. 2025-2, 9-18-2025)

Sec. 8. - General provisions—Applicable to all land developments and subdivisions.#

(a)

Required findings. Upon approval of all administrative, minor and major development applications the planning board (or the administrative officer in the case of an administrative subdivision) shall address each of the general purposes stated in section 5 and shall make positive findings on the following standard provisions, as part of the proposed project's record prior to approval. If an adverse or negative finding for any of these standards is made, the planning board shall have grounds for denial of the project design.

(1)

Each subdivision shall be consistent with the requirements of the town's comprehensive plan and/or shall satisfactorily address the issues where there may be inconsistencies;

(2)

Each proposed lot in the subdivision shall conform to the standards and provisions of the town zoning ordinance or has obtained relief from the same, or another provision of this chapter that exempts compliance with a specific provision or standard. Lots not being created for the purpose of present or future development need not meet the area and other dimensional requirements of section 5.4 of the zoning ordinance, provided that:

A notation is shown on the recorded plat that the lot being created is not a buildable lot; and,

The lot in fee title or a conservation or preservation restriction pursuant to G.L. 1956, § 34-39-1 et seq., as amended, is granted to the town 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 section 5.4, standard dimensional regulations, of the zoning ordinance, as amended;

(4)

There will be no significant adverse environmental impacts from the proposed development as shown on the final plan, with all required conditions for approval;

(5)

The subdivision, as proposed, will not result in the creation of individual lots with such environmental or 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 environmental or physical constraints to development may be created only if identified as permanent open space or permanently reserved or dedicated for a public purpose on the approved, recorded plans;

(6)

All proposed land developments and subdivision lots shall have adequate physical and permanent physical access to a public street unless there are local zoning ordinance provisions allowing exceptions to this requirement or the applicant has obtained the required relief from this revision;

(7)

Each subdivision shall provide for safe circulation of pedestrian and vehicular traffic, for adequate Retention of 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,

(8)

The design, location, and construction of streets, building lots, utilities, drainage improvements and other improvements in each subdivision shall not increase flooding and soil erosion. See section 19(D) and (F).

(b)

Except for administrative subdivisions, findings of fact must be supported by legally competent evidence on the record which discloses the nature and character of the observations upon which the fact finders acted.

(c)

Minor subdivisions subject to administrative review and approval only, as set forth in G.L. 1956, § 45-23-38(a)(2) shall only be subject to the standard provisions set forth in subsections (a)(2) and (a)(6) of this section.

(d)

Lot design standards.

(1)

Lot design standards.

Lots shall be generally rectangular in their configuration. Long or narrow strips of land shall be avoided. Irregularly or odd shaped lots such as "flag lots", "hockey sticks" or any lot whose building envelope is isolated from the frontage shall not be permitted.

Side lot lines shall be within 15 degrees of perpendicular with street lines or radial to curved street lines unless the Planning Board determines that a variation from this rule will provide a better street plan or lot plan.

Except on those sides bordering a street, lots shall have not interior angles of more than 200 degrees, unless otherwise allowed by the Planning Board.

Building set-back lines shall be established by the West Warwick Zoning Ordinance, and such lines shall run parallel to the lot lines.

(2)

Lot frontage and access.

All lots shall abut an existing or a proposed public or private street.

Each proposed lot shall have frontage on a street that meets or exceeds the minimum requirements of the West Warwick Zoning ordinance for the zone in which the lot is located.

Frontage shall be usable for physical access to the lot from the street. Frontage that cannot function as an access point to the building envelope of the lot shall be permitted.

All lots must be accessible by the fire department, police department and other agencies or departments charged with protection of the public peace, safety and welfare.

The Planning Board may modify and relocate the location of the proposed access driveway along the road frontage and may modify or limit the proposed number of access driveways onto any street from any lot or group of lots.

Provisions shall be made to ensure adequate sight distance from the proposed access driveway along adjacent public streets in order to alleviate any potentially hazardous situation.

(Ord. No. 2024-1, 10-30-2024; Res. No. 2025-2, 9-18-2025)

Sec. 9. - General provisions—Pre-application meetings and concept review.#

(a)

One or more pre-application meetings may be held for all major land development or subdivision applications at the request of the applicant. At least one pre-application meeting may be held for administrative subdivisions, upon request of the applicant. At least one pre-application meeting shall be held for minor subdivisions, upon request of either the municipality or the applicant. Pre-application meetings shall allow the applicant to meet with appropriate officials, boards and/or commissions, planning staff, and, where appropriate, state agencies, for advice as to the required steps in the approvals process, the pertinent local plans, ordinances, regulations, rules and procedures and standards which may bear upon the proposed development project.

(b)

At the pre-application stage the applicant may request the planning board and/or the technical review committee for an informal concept plan review for a development. The purpose of the concept plan review is also to provide planning board or technical review committee input in the formative stages of major subdivision and land development concept design.

(c)

Applicants seeking a pre-application meeting or an informal concept review shall submit materials 20 days in advance of the meeting(s) as requested by municipal officials.

(d)

Pre-application meetings shall aim to encourage information sharing and discussion of project concepts among the participants. Pre-application discussions are intended for the guidance of the applicant and shall not be considered approval of a project or its elements.

(e)

Provided that at least one pre-application meeting has been held for major land development or subdivision application or 60 days has elapsed from the filing of the pre-application submission and no pre-application meeting has been scheduled to occur within those 60 days, nothing shall be deemed to preclude an applicant from thereafter filing and proceeding with an application for a land development or subdivision project in accordance with G.L. 1956, § 45-23-36.

(Ord. No. 2024-1, 10-30-2024; Res. No. 2025-2, 9-18-2025)

Sec. 10. - General provisions—Classification and certification of completeness.#

(a)

Classification. The administrative officer shall advise the applicant as to which category of approval is required for a project. An applicant shall not be required to obtain both land development review and development plan review for the same project. The following categories of applications may be filed:

(1)

Subdivisions. Administrative subdivisions, minor subdivisions, or major subdivisions;

(2)

Land development projects. Minor land development or major land development; and

(3)

Development plan review.

(b)

Certification of a complete application. An application shall initially be reviewed by the administrative officer solely for the purpose of determining whether the application lacks information required for the respective applications type as specified in the local checklist, and whether the applicant lacks items or information which was required as a condition of a previous approval stage(s) for the same project. An application shall be complete for purposes of commencing the applicable time period for action when so certified by the administrative officer. Every certification of completeness required by this chapter shall be in writing. In the event the certification of the application is not made within the time specified in this chapter for the type of plan, the application is deemed complete for purposes of commencing the review period unless the application lacks information required for these applications as specified in the local regulations and the administrative officer has notified the applicant, in writing, of the deficiencies in the application. An application shall not be deemed incomplete for reasons other than the failure to supply an item or items listed on the applicable checklist.

(Ord. No. 2024-1, 10-30-2024; Res. No. 2025-2, 9-18-2025)

Sec. 11. - General provisions—Administrative subdivision.#

(a)

Any applicant requesting approval of a proposed administrative subdivision, as defined in this chapter, shall submit to the administrative officer the completed items required by this chapter for administrative subdivisions. See Checklist—Administrative Subdivisions.

(b)

The application shall be certified in writing, as complete or incomplete by the administrative officer, with input from the technical review committee, within a 15-day period from the date of its submission according to the provisions of section 10(B).

(c)

Review process:

(1)

Within 15 days of certification of completeness, the administrative officer, or the technical review committee, shall review the application and approve, deny or refer it to the planning board with recommendations. The officer or committee shall report its actions to the planning board at its next regular meeting, to be made part of the record.

(2)

If no action is taken by the administrative officer or the technical review committee within the 15 days, the application shall be placed on the agenda of the next regular planning board meeting.

(d)

If referred to the planning board, the board shall consider the application and the recommendations of the administrative officer and/or the technical review committee and shall either approve, approve with conditions, or deny the application within 65 days of certification of completeness. Failure of the planning board to act within the period prescribed shall constitute approval of the administrative subdivision plan and a certificate of the administrative officer as to the failure of the planning board or committee to act within the required time and the resulting approval shall be issued on request of the applicant.

(e)

Denial of an application by the administrative officer and/or the technical review committee shall not be appealable and shall require the plan to be submitted as a minor subdivision application.

(f)

Any approval of an administrative subdivision shall be evidenced by a written decision which shall be filed and posted in the office of the city or town clerk.

(g)

Approval of an administrative subdivision shall expire 90 days from the date of approval unless within such period a plat in conformity with such approval is submitted for signature and recording as specified in section 38.

(Ord. No. 2024-1, 10-30-2024)

Sec. 12. - General provisions—Minor land development and minor subdivision review.#

Minor plan review consists of two (2) stages, preliminary and final; provided, that unless otherwise set forth in this section, if a street creation or extension is involved, or a request for variances and/or special-use permits are submitted pursuant to a unified development application, a public hearing is required by the planning board. (a)

Application types.

(1)

Applications requesting relief from the zoning ordinance.

Applications under this section which require relief which qualifies only as a modification shall proceed by filing an application under this chapter and a request for a modification to the zoning enforcement officer. If such modification is granted the application shall then proceed to be reviewed by the administrative officer pursuant to the applicable requirements of this section. If the modification is denied or an objection is received, such application shall proceed under unified development plan review.

Applications under this section which require relief from the literal provisions of the zoning ordinance in the form of a variance or special use permit, shall be reviewed by the planning board under unified development plan review, and a request for review shall accompany the preliminary plan application.

Any application involving a street creation or extension shall be reviewed by the planning board and require a public hearing.

(2)

Other applications. The administrative officer shall review and grant, grant with conditions or deny all other applications under this section and may grant waivers of design standards as set forth in the local regulations and zoning ordinance. The administrative officer may utilize the technical review committee for initial review and recommendation. The administrative officer may grant the following waivers:

• Reserved.

(b)

Submission requirements. Any applicant requesting approval of a proposed minor subdivision or minor land development, as defined in this chapter, shall submit to the administrative officer the items required by the Checklist for Minor Land Development and Minor Subdivision.

(c)

Certification. For each applicable stage of review, the application shall be certified, in writing, complete or incomplete by the administrative officer within twenty-five (25) days of the submission so long as a completed checklist of the requirements for submission are provided as part of the submission. If no street creation or extension is required, and/or unified development review is not requested, and a completed checklist of the requirements for submission are provided as part of the submission, such application shall be certified, in writing, complete or incomplete by the administrative officer within fifteen (15) days. The running of the time period set forth in this section will be deemed stopped upon the issuance of a certificate of incompleteness of the application by the administrative officer and will recommence upon the resubmission of a corrected application by the applicant. However, in no event will the administrative officer be required to certify a corrected submission as complete or incomplete less than ten (10) days after its resubmission.

(d)

Decision on preliminary plan. If no street creation or extension or unified development review is required, the administrative officer will approve, deny, or approve with conditions, the preliminary plan within sixty-five (65) days of certification of completeness, or within any further time that is agreed to by the applicant and the board. If a street extension or creation is required, and/or the application is reviewed under the unified development plan review, the [planning board] will hold a public hearing prior to approval and will approve, deny, or approve with conditions, the preliminary plan within ninety-five (95) days of certification of completeness, or within any specified time that is agreed to by the applicant and the board.

(1)

Failure to act. Failure of the planning board or administrative officer to act within the period prescribed constitutes approval of the preliminary plan and a certificate of the administrative officer as to the failure to act within the required time and the resulting approval will be issued on request of the applicant.

(2)

Re-assignment to major review. The administrative officer may re-assign a proposed minor project to major review only when the administrative officer is unable to make the positive findings required R.I.G.L. § 45-23-60.

(e)

Final plan. Final plans shall be reviewed and approved by the Administrative Officer. The committee will report its actions, in writing to the planning board at its next regular meeting, to be made part of the record. The Administrative Officer shall approve, deny, approve with conditions, or refer the application to the planning board based upon a finding that there is a major change within twenty-five (25) days of the certificate of completeness.

(f)

Modifications and changes to plans.

(1)

Minor changes to the plans approved at any stage may be approved administratively, by the administrative officer. The changes may be authorized without additional public hearings, at the discretion of the administrative officer. All changes shall be made part of the permanent record of the project application. This provision does not prohibit the administrative officer from requesting recommendation from either the technical review committee or the permitting authority. Denial of the proposed change(s) shall be referred to the applicable permitting authority for review as a major change.

"Minor changes" shall mean any change which, in the opinion of the administrative officer, is consistent with the intent of the original approval. Such minor changes shall include, but are not necessarily limited to, the following: Amendments to utility plans which are acceptable to the Town Engineer and the Emergency Management Agency Director or to the appropriate utility company; Lot line revisions which can be reviewed and approved as an administrative subdivision;

Amendments to grading plans or drainage plans which are acceptable to the Town Engineer and the Emergency Management Agency Director and which do not require approval of any state or federal reviewing authorities;

Amendments to construction plans which are required because of unforeseen physical conditions on the parcel being subdivided which are acceptable to the Town Engineer and the Emergency Management Agency Director and/or superintendent of sewers;

Modifications to any construction plans which are acceptable to the Town Engineer and the Emergency Management Agency Director; or,

Modifications which are required by outside permitting agencies such as, but not limited to, the department of environmental management and the department of transportation.

(2)

Major changes to a land development or subdivision plan may be approved only by the planning board and must include a public hearing.

Major changes" shall mean changes which, in the opinion of the administrative officer, are clearly contrary to the intent of the original approval. Such major changes shall include, but are not necessarily limited to, the following:

Changes which would have the effect of creating additional lots or dwelling units for development;

Changes which would be contrary to any applicable provision of the zoning ordinance or which require a variance or special use permit from the zoning board of review;

Changes which may have significant adverse impacts on abutting property or property in the vicinity of the proposed subdivision or land development project;

Changes which may have a significant adverse impact on any public service, utility, or road; or

Any change that is not listed as a minor change.

(3)

The administrative officer shall notify the applicant in writing within fourteen (14) days of submission of the final plan application if the administrative officer determines the change to be a major change.

Appeal. Decisions under this section shall be considered an appealable decision.

Expiration of approvals. Approvals of a minor land-development or subdivision plan expires one year from the date of approval unless, within that period, a plat or plan, in conformity with approval, and as defined in this act, is submitted for signature and recording. Validity may be extended for a longer period, for cause shown, if requested by the application in writing, and approved by the planning board.

(Ord. No. 2024-1, 10-30-2024)

Sec. 13. - General provisions—Major land development and major subdivision review stages.#

(a)

Stages of review. Major land development and major subdivision review consists of three stages of review, master plan, preliminary plan and final plan, following the pre-application meeting(s). Also required is a public hearing at the master plan stage of review or, if combined at the first stage of review, if applicable.

(b)

The administrative officer may combine review stages and to modify, but only the planning board may waive submission requirements in the Checklist. Review stages may be combined only after the administrative officer determines that all necessary requirements have been met by the applicant or that the [planning board] has waived any submission requirements not included by the applicant.

(c)

Master plan review.

(1)

Submission requirements.

The applicant shall first submit to the administrative officer the items required by the Checklist for Major Land Development and Major Subdivision.

Requirements for the master plan and supporting material for this phase of review include, but are not limited to: information on the natural and built features of the surrounding neighborhood, existing natural and man-made conditions of the development site, including topographic features, the freshwater wetland and coastal zone boundaries, the floodplains, as well as the proposed design concept, proposed public improvements and dedications, tentative construction phasing; and potential neighborhood impacts, as required by the checklist.

Initial comments will be solicited from:

Local agencies including, but not limited to, the planning department, the department of public works, fire and police departments, the conservation and recreation commissions;

Adjacent communities;

State agencies, as appropriate, including the departments of environmental management and transportation and the coastal resources management council; and

Federal agencies, as appropriate. The administrative officer shall coordinate review and comments by local officials, adjacent communities, and state and federal agencies.

Applications requesting relief from the zoning ordinance.

Applications under this chapter which require relief which qualifies only as a modification shall proceed by filing a master plan application under this section and a request for a modification to the zoning enforcement officer. If such modification is granted, the application shall then proceed to be reviewed by the planning board pursuant to the applicable requirements of this section. If the modification is denied or an objection is received, such application shall proceed under unified development plan review pursuant to this Ordinance and the Regulations.

(2)

Certification. The application must be certified, in writing, complete or incomplete by the administrative officer within twenty-five (25) days of the submission, so long as a completed checklist of requirements are provided with the submission. The running of the time period set forth herein will be deemed stopped upon the issuance of a certificate of incompleteness of the application by the administrative officer and will recommence upon the resubmission of a corrected application by the applicant. However, in no event will the administrative officer be required to certify a corrected submission as complete or incomplete less than ten (10) days after its resubmission.

(3)

Technical review committee. The technical review committee shall review the application prior to the first planning board meeting and shall comment and make recommendations to the planning board.

(4)

Public hearing.

A public hearing shall be held prior to the planning board decision on the master plan. If the master plan and preliminary plan review stages are being combined, a public hearing shall be held during the combined stage of review.

Notice for the public hearing is required.

At the public hearing, the applicant will present the proposed development project. The planning board must allow oral and written comments from the general public. All public comments are to be made part of the public record of the project application.

(5)

Decision. The planning board shall, within ninety (90) days of certification of completeness, or within a further amount of time that may be consented to by the applicant through the submission of a written waiver, approve of the master plan as submitted, approve with changes and/or conditions, or deny the application, according to the requirements of R.I.G.L. §§ 45-23-60 and 45-23-63.

(6)

Failure to act. Failure of the planning board to act within the prescribed period constitutes approval of the master plan, and a certificate of the administrative officer as to the failure of the planning board to act within the required time and the resulting approval will be issued on request of the applicant.

(7)

Vesting.

The approved master plan is vested for a period of two (2) years, with the right to extend for two (2), one-year extensions upon written request by the applicant, who must appear before the planning board for the annual review. Thereafter, vesting may be extended for a longer period, for good cause shown, if requested by the applicant, in writing, and approved by the planning board. Master plan vesting includes the zoning requirements, conceptual layout, and all conditions shown on the approved master plan drawings and supporting materials.

The initial four (4) year vesting for the approved master plan constitutes the vested rights for the development as required in RIGL § 45-24-44.

(d)

Preliminary plan review.

(1)

Submission requirements.

The applicant shall first submit to the administrative officer the items required by the Checklist for preliminary plans.

Requirements for the preliminary plan and supporting materials for this phase of the review include but are not limited to engineering plans depicting the existing site conditions, engineering plans depicting the proposed development project, and a perimeter survey, as included on the Checklist.

At the preliminary plan review phase, the administrative officer shall solicit final, written comments and/or approvals of the department of public works, the town engineer, the town solicitor, other local government departments, commissions, or authorities as appropriate.

If the applicant is requesting alteration of any variances and/or special-use permits granted by the planning board at the master plan stage of review pursuant to adopted unified development review provisions, and/or any new variances and/or special-use permits, such requests and all supporting documentation shall be included as part of the preliminary plan application materials.

(2)

Certification. The application will be certified as complete or incomplete by the administrative officer within twenty-five (25) days so long as a completed checklist of requirements are provided with the submission. The running of the time period set forth herein will be deemed stopped upon the issuance of a certificate of incompleteness of the application by the administrative officer and will recommence upon the resubmission of a corrected application by the applicant. However, in no event shall the administrative officer be required to certify a corrected submission as complete or incomplete less than ten (10) days after its resubmission.

(3)

Technical review committee. The technical review committee shall review the application prior to the first planning board meeting and shall comment and make recommendations to the planning board.

(4)

Public notice. Prior to the first planning board meeting on the preliminary plan, public notice shall be sent to abutters only at least fourteen (14) days before the hearing.

(5)

Public improvement guarantees. Proposed arrangements for completion of the required public improvements, including construction schedule and/or financial guarantees, shall be reviewed and approved by the planning board at preliminary plan approval.

(6)

Decision. A complete application for a major subdivision or development plan shall be approved, approved with conditions, or denied, in accordance with the requirements of RIGL §§ 45-23-60 and 45-23-63, within ninety (90) days of the date when it is certified complete, or within a further amount of time that may be consented to by the developer through the submission of a written waiver. Provided that the timeframe for decision is automatically extended if evidence of state permits has not been provided, or otherwise waived in accordance with this section.

(7)

Failure to act. Failure of the planning board to act within the prescribed period constitutes approval of the preliminary plan and a certificate of the administrative officer as to the failure of the planning board to act within the required time and the resulting approval shall be issued on request of the applicant.

(8)

Vesting. The approved preliminary plan is vested for a period of two (2) years with the right to extend for two (2), one-year extensions upon written request by the applicant, who must appear before the planning board for each annual review and provide proof of valid state or federal permits as applicable. Thereafter, vesting may be extended for a longer period, for good cause shown, if requested, in writing by the applicant, and approved by the planning board. The vesting for the preliminary plan approval includes all general and specific conditions shown on the approved preliminary plan drawings and supporting material.

(e)

Final plan.

(1)

Submission requirements.

The applicant shall submit to the administrative officer the items required by the checklist for the final plan, as well as all material required by the planning board when the application was given preliminary approval.

Arrangements for completion of the required public improvements, including construction schedule and/or financial guarantees.

Certification by the tax collector that all property taxes are current.

For phased projects, the final plan for phases following the first phase, shall be accompanied by copies of as-built drawings not previously submitted of all existing public improvements for prior phases.

Prior to approval of the final plan, copies of all legal documents describing the property, proposed easements and rights-of-way.

Prior to approval of the final plan an applicant must submit all permits required by state or federal agencies including permits related to freshwater wetlands, the coastal zone floodplains, preliminary suitability for individual septic disposal systems, public water systems, and connections to state roads. For a state permit from the department of transportation, a letter evidencing the issuance of such a permit upon the submission of a bond and insurance is sufficient, but such actual permit shall be required prior to the issuance of a building permit.

(2)

Certification. The application for final plan approval shall be certified complete or incomplete by the administrative officer in writing, within fifteen (15) days, so long as a completed checklist of requirements are provided with the submission. This time period may be extended to twenty-five (25) days by written notice from the administrative officer to the applicant where the final plans contain changes to or elements not included in the preliminary plan approval. The running of the time period set forth herein shall be deemed stopped upon the issuance of a certificate of incompleteness of the application by the administrative officer and shall recommence upon the resubmission of a corrected application by the applicant. However, in no event shall the administrative officer be required to certify a corrected submission as complete or incomplete less than ten (10) days after its resubmission. If the administrative officer certifies the application as complete and does not require submission to the planning board, the final plan shall be considered approved.

(3)

Decision. The administrative officer, or, if referred to it, the planning board, shall review, grant, grant with conditions or deny final plan approval. A decision shall be issued within forty-five (45) days after the certification of completeness, or within a further amount of time that may be consented to by the applicant, approve or deny the final plan as submitted.

(4)

Failure to act. Failure of the administrative officer or, if referred to it, the planning board to act within the prescribed period constitutes approval of the final plan and a certificate of the administrative officer as to the failure of the to act within the required time and the resulting approval shall be issued on request of the applicant.

(5)

Expiration of approval. The final approval of a major subdivision or land development project expires two years from the date of approval with the right to extend for one year upon written request by the applicant, who must appear before the planning board for the annual review, unless, within that period, the plat or plan has been submitted for signature and recording. Thereafter, the [planning board] may, for good cause shown, extend the period for recording.

(6)

Acceptance of public improvements. Signature and recording constitute the acceptance by the municipality of any street or other public improvement or other land intended for dedication. Final plan approval shall not impose any duty upon the municipality to maintain or improve those dedicated areas until the Town Council accepts the completed public improvements as constructed in compliance with the final plans.

(7)

Validity of recorded plans. The approved final plan, once recorded, remains valid as the approved plan for the site unless and until an amendment to the plan is approved, or a new plan is approved by the planning board.

(f)

Modifications and changes to approved plans.

(1)

Minor changes to the plans approved at any stage may be approved administratively, by the administrative officer. The changes may be authorized without an additional planning board meeting, to the extent applicable, at the discretion of the administrative officer. All changes shall be made part of the permanent record of the project application. This provision does not prohibit the administrative officer from requesting recommendation from either the technical review committee or the planning board. Denial of the proposed change(s) shall be referred to the planning board for review as a major change.

Minor changes" shall mean any change which, in the opinion of the administrative officer, is consistent with the intent of the original approval. Such minor changes shall include, but are not necessarily limited to, the following:

Amendments to utility plans which are acceptable to the town public works director and/or town engineer or to the appropriate utility company;

Lot line revisions which can be reviewed and approved as an administrative subdivision;

Amendments to grading plans or drainage plans which are acceptable to the director of public works and/or town engineer and which do not require approval of any state or federal reviewing authorities;

Amendments to construction plans which are required because of unforeseen physical conditions on the parcel being subdivided which are acceptable to the department of public works and /or town engineer and/or superintendent of sewers;

Modifications to any construction plans which are acceptable to the director of public works and/or town engineer; or,

Modifications which are required by outside permitting agencies such as, but not limited to, the department of environmental management and the department of transportation.

Major changes to a land development or subdivision plan may be approved only by the planning board and must include a public hearing. Major changes" shall mean changes which, in the opinion of the administrative officer, are clearly contrary to the intent of the original approval. Such major changes shall include, but are not necessarily limited to, the following:

Changes which would have the effect of creating additional lots or dwelling units for development;

Changes which would be contrary to any applicable provision of the zoning ordinance or which require a variance or special use permit from the zoning board of review;

Changes which may have significant adverse impacts on abutting property or property in the vicinity of the proposed subdivision or land development project;

Changes which may have a significant adverse impact on any public service, utility, or road; or

Any change that is not listed as a minor change.

Appeal. Decisions under this section shall be considered an appealable decision pursuant to R.I.G.L. § 45-23-71.

(Ord. No. 2024-1, 10-30-2024; Res. No. 2025-2, 9-18-2025)

Sec. 14. - Reserved.#

Sec. 15. - General provisions—Unified development review.#

(a)

Review of projects submitted under this section shall adhere to the procedures, timeframes and standards of the underlying category of the project as listed herein, but shall also include the following procedures:

(1)

Minor subdivisions and land-development projects. Except for dimensional relief granted by modification, requests for variances and/or for the issuance of special-use permits related to minor subdivisions and land-development projects shall be submitted as part of the application materials for the preliminary plan stage of review or if combined, for the first stage of reviews. A public hearing on the application, including any variance and special-use permit requests shall be held prior to consideration of the preliminary plan by the planning board. The planning board shall conditionally approve or deny the request(s) for the variance(s) and/or special-use permit(s) before considering the preliminary plan application for the minor subdivision or land-development project. Approval of the variance(s) and/or special-use permit(s) shall be conditioned on approval of the final plan of the minor subdivision or land-development project.

(2)

Development plan review. Except for dimensional relief granted by modification, requests for relief from the literal requirements of the zoning ordinance and/or for the issuance of special use permits related to development plan review projects shall be submitted as part of the application materials for first stage of review. A public hearing on the application, including any variance and special-use permit requests shall be held prior to consideration of the preliminary plan by the planning board; see RIGL §45-23-50(d)(1)(ii). The planning board shall conditionally approve or deny the request(s) for the variance(s) and/or special-use permit(s) before considering the preliminary plan application for the development plan review project. Approval of the variance(s) and/or special-use permit(s) shall be conditioned on approval of the final stage of review of the development plan review project.

(3)

Major subdivisions and land-development projects.

Master plan. Except for dimensional relief granted by modification, requests for variances for relief from the literal requirements of the zoning ordinance and/or for the issuance of a special-use permit related to major subdivisions and land-development projects shall be submitted as part of the application materials for the master plan stage of review, or if combined, the first stage of review. A public hearing on the application, including any variance and special-use permit requests shall be held prior to consideration of the master plan by the planning board. The planning board shall conditionally approve or deny the requests for the variance(s) and/or special-use permit(s) before considering the master plan application for the major subdivision or land-development project. Approval of the variance(s) and/or special-use permit(s) shall be conditioned on approval of the final plan of the major subdivision or land-development project.

Preliminary plan. During the preliminary plan stage of review, applicants shall have the ability to request alteration of any variance(s) and/or special-use permit(s) granted by the planning board during the master plan stage of review, and/or to request new variance(s) and/or special-use permit(s), based on the outcomes of the more detailed planning and design necessary for the preliminary plan. If necessary, the applicant shall submit such requests and all supporting documentation along with the preliminary plan application materials. If the applicant requests new or additional zoning relief at this stage a public hearing on the application shall be held prior to consideration of the preliminary plan by the planning board. The planning board shall conditionally approve, amend, or deny the requests for alteration(s), new variance(s) and/or new special-use permit(s), before considering the preliminary plan application for the major subdivision or land-development project. Approval of the alteration(s), new variance(s), and/or new special-use permit(s) shall be conditioned on approval of the final plan of the major subdivision or land-development project. If the planning board denies the request for alteration(s), new variance(s), and/or new special-use permit(s), the planning board shall have the option of remanding the application back to the master plan stage of review. Alternatively, if the planning board denies the request for alteration(s), new variance(s), and/or new special-use permit(s), the applicant may consent to an extension of the decision period so that additional information can be provided and reviewed by the planning board.

(4)

Decision. The time periods by which the planning board must approve or deny applications for variances and special use permits under the unified development review provisions of the local regulations shall be the same as the time periods by which the board must make a decision on the applicable review stage of the category of project under review.

(5)

Unless otherwise provided in this chapter all under this section shall require a single public hearing.

The public hearing must meet the following requirements:

Public hearing notice shall adhere to the requirements found in RIGL §45-23-42(b).

The notice area for notice of the public hearing shall be not less than two hundred feet (200') of the perimeter of the area included in the subdivision and/or land-development project, and notice of the public hearing shall be sent by the administrative officer to the administrative officer of an adjacent municipality if: (1) the notice area extends into the adjacent municipality; or (2) the development site extends into the adjacent municipality; or (3) there is a potential for significant negative impact on the adjacent municipality. Additional notice within watersheds shall also be sent as required in R.I.G.L. §45-23-53(b) and (c).

Public notice shall indicate that dimensional variance(s), use variance(s) and/or special-use permit(s) are to be considered for the subdivision and/or land-development project.

The cost of all public notice is to be borne by the applicant.

(6)

The time periods by which the permitting authority must approve, approve with conditions or deny requests for variances and special use permits under the unified development review provisions of a zoning ordinance shall be the same as the time periods by which the [planning board] must make a decision on the applicable review stage of the underlying type of project under review.

(7)

The expirations period of an approval of a variance or special use permit granted under this section shall be the same as those set forth in the statute for the underlying type of project under review.

(8)

Decisions under this section, including requests for the variance(s) and/or special-use permits that are denied by the [planning board] may be appealed pursuant to RIGL §45-23-71.

(Ord. No. 2024-1, 10-30-2024)

Sec. 16. - General provisions—Public hearing and notice.#

Public Hearing and Notice. Where a public hearing is required pursuant to these Regulations, the following requirements shall apply; (a)

Notice requirements. Public notice of the hearing shall be given at least fourteen (14) days prior to the date of the hearing in a newspaper of local circulation within the municipality following the municipality's usual and customary practices for this kind of advertising. The same notice shall be posted in the Town clerk's office and one other municipal building in the municipality and the municipality must make the notice accessible on their municipal home page of its website at least fourteen (14) days prior to the hearing. Notice shall be sent to the applicant and to each owner within the notice area, by first class mail, of the time and place of the hearing not less than ten (10) days prior to the date of the hearing. Notice shall also be sent to any individual or entity holding a recorded conservation or preservation restriction on the property that is the subject of the application at least fourteen (14) days prior to the hearing. The notice shall also include the street address of the subject property, or if no street address is available, the distance from the nearest existing intersection in tenths (1/10's) of a mile.

(b)

Notice area.

(1)

The distance(s) for notice of the public hearing shall be 200 feet from project site.

(2)

Watersheds. Additional notice within watersheds shall also be sent as required in R.I.G.L. § 45-23-53(b) and (c).

(3)

Adjacent municipalities. Notice of the public hearing shall be sent by the administrative officer to the administrative officer of an adjacent municipality if (1) the notice area extends into the adjacent municipality, or (2) the development site extends into the adjacent municipality, or (3) there is a potential for significant negative impact on the adjacent municipality.

(4)

Notice cost. The cost of all newspaper and mailing notices shall be borne by the applicant.

(Ord. No. 2024-1, 10-30-2024)

Sec. 17. - [Reserved.]#

Sec. 18. - General provisions—Physical design requirements.#

(a)

General requirements. In addition to the general purposes stated in section 5 and the general provisions stated in section 8, the planning board (or administrative officer in the case of an administrative subdivision) 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 board shall have grounds for denial of the project design.

(b)

Site design.

(1)

Purpose. The purpose of good subdivision and 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 subdivision shall conform to the following standards which are designed to result in a well-planned community without adding unnecessarily to development costs.

(2)

Site analysis. An analysis of the subdivision site and nearby areas shall be required by the planning board for all major subdivisions. The scope and content of the site analysis shall be discussed during the pre-application meeting and shall be presented by the subdivider during the master plan stage of review. Such an analysis may be required by the planning board for minor subdivisions if the board 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/or graphic analysis of the following characteristics of the development site: site context, geology and soil; agricultural lands; woodlands; riverbank and water body features; topography; climate; ecology; existing vegetation; structures; and road networks; visual features; and past and present use of the site. All trees on the subject property over six inches in caliper dbh shall be identified and located on a plan of existing conditions.

(3)

Subdivision and design.

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 values 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:

Land under water;

Unique and/or fragile areas, including freshwater wetlands as defined in G.L. 1956, tit. 2, ch. 1;

Lands in the floodplain; as defined in section 3.31 of the zoning ordinance;

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;

Habitats of endangered wildlife, as identified on applicable federal or state lists;

Historically significant structures and sites, as listed on federal or state lists of historic places; and,

Archaeological or paleontological significant areas as identified by the state archeologist;

Agricultural lands;

Significant trees or stands of trees, or other vegetative species that are rare to the area or are of particular horticultural or landscape value;

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; and to mitigate adverse effects of shadow, traffic, drainage and utilities on neighboring properties.

(4)

Residential development design.

The planning board 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, and provided that such standards shall be appropriate to the type of development permitted.

Residential lots shall front on local streets wherever possible.

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.

(5)

Commercial and industrial development design. Commercial and industrial developments shall be designed according to the same principles governing the design of residential developments; namely, buildings shall be located according to topography, with environmentally sensitive areas avoided to the maximum extent practicable; factors such as drainage, noise, odor, and surrounding land uses considered in siting buildings; sufficient access shall be provided and adverse impacts mitigated.

(6)

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; and to present an attractive streetscape.

In a residential subdivision, the road system shall be designed to serve the needs of the neighborhood and to discourage use by through traffic.

The pedestrian system shall be located within the public right-of-way. In conventional developments, walks shall be, designed in accordance with Section 904 of the Rhode Island Standard Specifications. Walks may be placed away from the road system with permission of the planning board.

(7)

Landscape design.

Reasonable landscaping should be provided at site entrances, in public areas and adjacent to buildings. The type and amount of landscaping required shall be allowed to vary with type of development, as determined by the planning board.

The plant or other landscaping material that best serves the intended functions shall be selected. Landscaping materials shall be appropriate for the local environment, soil conditions, and availability of water. The use of grasses that require minimal watering and fertilization is encouraged, particularly in areas that are ecologically sensitive. No invasives species shall be permitted.

(c)

Land unsuitable for development.

(1)

When designing the proposed use of any parcel, land included in all of the following categories shall be considered unsuitable for development and shall not be considered to contribute to the minimum building acreage of the parcel:

All land and water included under subsections 18(B)(3)(c)(1) through (4) inclusive;

All streets or rights-of-way, public or private, which serve or are intended to service more than one principal building or use. Public access or scenic areas, exclusive of those located in wetlands, conveyed by easement to the town, state or other governmental entity solely, or waterfront access may be included in lot area for calculations;

(2)

Land described in subsection (1) 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 5.4 of the zoning ordinance.

(Ord. No. 2024-1, 10-30-2024)

Sec. 19. - General provisions—Public design and improvement standards.#

(a)

General. The subdivider, at his own expense, shall construct all improvements where required by the planning board in granting approval for any subdivision or land development project subject to this chapter.

(b)

Street design standards. The following design standards shall be followed where applicable in the design and construction of any subdivision:

(1)

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 by this chapter, the board 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 board. See subsection (G) of this section. For the purposes of this chapter, 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 standards contained in this chapter.

(2)

Street classification. Street design within a proposed subdivision shall conform to the street classification system as established herein. Requirements for right-of-way and pavement width, parking, drainage, and other utilities, sidewalks, bicycle paths and other design standards shall be tailored to street function.

Street classification shall be determined by the planning board. The following major categories of street classification are established:

Arterial. A major public street that serves as an avenue for the circulation of traffic into, out of, or around the town and carries high volumes of traffic and provides for high levels of mobility.

Collector. A public street whose principal function is to carry traffic between local streets and arterial streets but that may also provide direct access to abutting properties. These streets provide a balance between land access and mobility.

Local. Public streets whose primary function is to provide access to abutting properties.

(3)

Street rights-of-way. Street rights-of-way shall conform to the widths shown in table 1 and as illustrated in figure 1. Specific design criteria will be determined by the board on a case-by-case basis. Figure 1 includes a typical cross section of a local street proposed for acceptance and maintenance by the town. Paving specifications for streets shall be as approved by the director of public works and the town engineer. Refer to subsection (D) of this section entitled "Drainage," for more specific design criteria.

(4)

Geometric data. Table 1 shall be used as a guide in designing streets within a subdivision.

Table 1 Arterial Collector Local

Right-of-way width 60' 50' 40'

Pavement width 30' 30' 30'

Maximum grades:

Centerline 5% 5% 9%

Within 150' of centerline intersections 2.5% 2.5% 2.5%

Minimum grades:

Centerline .05% .0.5% .05%

Minimum length for vertical curves * * 100'

Minimum radius of centerline curve * * 150'

Minimum sight distance * * *

Cul-de-sac turnaround:

Right-of-way diameter — — *

Pavement diameter * — — *

Maximum grade — — *

Minimum grade — — 2.0%

Intersection fillet curve:

Right-of-way minimum radius * * 15'

Pavement minimum radius * * 25'

Cross slope * * 2% min. (also refer to figure 1)

* As determined by town engineer and/or AASHTO standards.

(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; to improve the visual quality of the subdivision; to increase privacy and reduce unnecessary noise and traffic.

Wherever possible in residential subdivisions, the road system shall be designed to serve the needs of the neighborhood and to discourage use by through traffic. However, in major subdivisions, access shall be designed to avoid street systems, which have only one principal means of egress. In order to provide for alternative access, at least two vehicular access streets may be required by the planning board, in major subdivisions when determined by the board to be feasible. Proposed streets within a major subdivision shall provide for their continuation or projection to intersect with principal streets on the perimeter of the subdivision or with adjacent vacant property in order that the streets may be extended at a future time.

(6)

Private streets. Private streets shall not be permitted.

(7)

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.

(8)

Dead end streets (cul-de-sacs). All dead end streets shall end in a cul-de-sac turnaround constructed according to table 1 "Table of Geometric Data," and shall be clearly marked at their entrances. The planning board may limit the length of the dead end street (cul-de-sac) where necessary not to exceed 500 feet, to ensure the adequate and safe circulation of vehicular traffic.

(9)

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.

(10)

Access to adjoining properties. When considered desirable by the planning board 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 board may require provision of a temporary turnaround until such time as the adjacent tract is developed. A bond may be required to insure 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 board determines that such connection will increase accessibility between adjoining subdivisions, to existing or proposed sidewalks or bicycle paths, from subdivisions to major public or private 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 and the chief of police, 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 and superintendent of lights.

(13)

Front yard trees. Where natural tree growth is determined by the planning board to be insufficient, the planning board shall require the subdivider to plant front yard trees, appropriate for the terrain, soil and climatic conditions encountered in the subdivision, and in accordance with the following standards:

Location. Front yard trees shall be aligned at an appropriate offset (between two and ten feet) from the street right-of-way line with assurance given by the subdivider that the trees will not be disturbed by building activities. No trees shall be located so as to interfere with utility lines. Trees shall be spaced approximately 30 feet to 50 feet on center, depending on anticipated ultimate size.

Type. The species selected are to be suitable for zone six hardiness and may include, but be not limited to the following types (a complete listing of acceptable tree species is included in appendix A):

Deciduous medium to large trees such as Thornless Honeylocust, Pin Oak, London Plane, Gingko, Zelkova, and Katsura.

Small deciduous trees such as some ash and cherry varieties with 15-foot ultimate height.

Conifers such as pine, hemlock, spruce may be used for screening and buffers.

Size. Minimum sizes for species listed above are three to four inches caliper, measured dbh in place, and ten feet to 12 feet of height in place.

Quality. Front yard trees shall be balled and burlapped with good root development and branching characteristics. All trees shall be licensed nursery stock; however, native trees may be used if inspected and approved by the director of public works and/or tree warden before planting.

Planting. Front yard trees shall be planted in holes at least six inches deeper and one and one-half times as wide as the root ball. Larger excavation may be required in gravel or sand areas. Trees shall be planted at their previous depth in good quality topsoil or soil conditioned to that quality with sufficient organic matter such as peat moss and a balanced fertilizer. Trees shall be securely double-staked with sturdy stakes of a minimum size of two inches by two inches by six feet.

Screening. Where a proposed residential development abuts an existing or proposed commercial or industrial area, a dense evergreen buffer at least ten feet in depth and at least five and one-half feet in height shall be planted along the common boundary between the residential development and such commercial or industrial development.

Inspection. The director of public works shall determine the suitability of the street trees being proposed and require proper planting techniques and maintenance to be followed.

(14)

Landscaping standards.

Landscaping shall be provided as part of development plan and subdivision design. It shall be conceived in a total pattern throughout the site, integrating the various elements of a site design, preserving and enhancing the particular identity of the site and creating a pleasing site character. Landscaping and vegetative buffers shall be utilized to separate residential areas from major roadways, commercial and manufacturing areas.

Landscaping may include plant materials such as trees, shrubs, ground covers, grass, flowers, etc., but may also include other materials such as rocks, berms, woodlands, 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:

(1)

Drainage facilities, such as retention/detention basins, or drainage swales;

(2)

Entrance features;

(3)

Open space areas;

(4)

Proposed recreation facilities;

(5)

Buffer areas;

(6)

Lot areas which are disturbed during the construction process or where extensive grading removes a significant amount of natural vegetation;

(7)

Areas subject to regrading or stabilization for soil erosion and sediment control purposes.

In general, the paving of a front yard from side lot line to side lot line shall not be permitted.

Landscape plan. A landscape plan prepared by a registered landscape architect shall be submitted to the planning board when the board 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 preserve or enhance significant visual characteristics of the site. If a landscape plan is required by the board, 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; man-made elements such as retaining walls, fences, signs, planters, etc.; proposed grading at two-foot 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 (granite 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 flush with the finished grade at the right-of-way.

(16)

Sidewalks. Sidewalks shall be required to be installed on both sides of all proposed and approved new public streets in subdivisions and in all multifamily developments and required to be installed on one side of approved new public streets for short cul-de-sac streets serving five or fewer lots or dwellings. Type of sidewalk construction shall be as shown in figure 1. Sidewalks shall be required to be installed by the applicant along streets in adjacent areas of the subdivision if the planning board finds any of the following:

The subdivision is located within an area within one mile of a public or private school;

The subdivision is located in reasonable proximity to major public or private facilities such as churches, shopping areas, playgrounds, etc., where there is a reasonable likelihood that pedestrian traffic to/from/within the proposed subdivision would result; or

The subdivision is located within an area with high vehicular traffic volumes and where there would be a likelihood of significant danger to pedestrians.

Sidewalks may be required to be installed as off-site improvements in accordance with the provisions of subsection (G) of this section.

(17)

Bicycle paths. Bicycle paths shall be incorporated into the proposed subdivision where necessary to extend an existing bicycle path; to intersect with proposed state bicycle facilities; to connect adjacent subdivisions where vehicular connections would be impractical; or where adjacent to a nearby public or private school, recreation areas or other similar facilities would be likely to generate significant bicycle traffic.

(18)

Curbing. Concrete curbing meeting RIDOT standards 7.11 or granite curbing meeting RIDOT standards 7.51 shall be installed as illustrated in figure 1.

(19)

Curbing at intersection fillet curves. Precast concrete wheelchair ramp curbs meeting RIDOT standard 7.19 shall be installed, where required by the director of public works.

(20)

Engineering and land survey. Wherever it is mandated by this chapter 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 Board of Registration for Professional Engineers and Board of Registration for Land Surveyors.

(c)

Lot design standards.

(1)

Side lot lines. Side lot lines shall be at right angles to street lines or radial curved street lines unless the planning board determines that a variation from this rule will provide a better street or lot plan.

(2)

Developable land area. All lots shall be designed so as to contain the minimum land area required by section 5.4 of the zoning ordinance complying with the definition of Usable lot area in section 3.46 of the zoning ordinance.

(3)

Easements. Easements may be required by the planning board where necessary for the proper location and placement of improvements on private land as described below. The board may, in its own discretion, require the dedication of land to the town in lieu of easements if such dedication would provide greater control over and access to the intended use. Easements shall contain such concrete bounds as determined by the director of public works.

Watercourses. Where a subdivision is traversed by a watercourse, drainage way, channel or stream, there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines of such watercourse and of such width as will be adequate for the purposes.

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 board 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 above-ground drainage flows are directed over private property which does not contain natural watercourses or wetland, 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 storm water detention or retention basins shall be granted to the town wherever storm water from town-owned streets or other improvements is intended to be directed to such basins.

Grading easements. The planning board 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 board 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 in compliance with the utility company requirements.

(4)

Lot configuration. The planning board 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 purposes. In particular, long, narrow strips of land shall be avoided in creating residential lots. Unusual shapes, angles, and dimensions such as "pork-chop" or "flag-pole" lots shall be avoided in lot layout and design. The board may, in reviewing a proposed subdivision, require modification to the proposed layout as it deems necessary to achieve the purposes of these regulations.

(d)

Drainage. The drainage system may be comprised of natural and man-made elements. These may include grass swales, retention basins, curbs, catch basins, and storm water pipes. The subdivider is encouraged to incorporate natural elements into the drainage design whenever possible. The elements (i.e., grass swales, wet basins) not only collect and transport storm water, but also mitigate pollution, reduce sedimentation, provide visual amenities and provide potential wildlife habitat. All drainage structures shall be in conformance with the accepted state RIDOT standards, or approved equals.

Where a drainage plan and drainage calculations are required by the appropriate plat checklist, the plan and calculations shall be prepared by a registered professional engineer. The storm water drainage calculations, runoff rates and system design shall be based on the application of the appropriate method as follows:

The rational method. This method is the preferred method for small systems of three acres or less, where no wetlands, ponds, or other storage depressions are present, and where drainage is toward the point of analysis.

TR55. This is the preferred method for calculating runoff volumes, peak discharge rate, and flood storage requirements for site development between one acre and 2,000 acres.

TR20. This is for large complex watersheds and systems beyond the scope of TR55. The drainage plan and drainage calculations shall contain the following information: (1)

An estimate of the quantity of storm water surface run-off 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.

(2)

An estimate of the quantity of storm water surface run-off entering the subdivision naturally from upstream areas within the watershed under present conditions, calculated on the basis of a 25-year frequency rainfall.

(3)

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 run-off as calculated under subsections (1) and (2) above, and proposals to handle such surface run-off. Design criteria for drainage improvements shall conform to the state specifications cited above as may be modified by the town. Storm sewers shall be designed for a 25-year frequency rainfall (100-year frequency in a special flood hazard zone, see section 3.31 of the zoning ordinance) with a minimum pipe size of 12 inches shall be designed so that the minimum velocity shall not be less than three feet per second calculated for the ten-year design storm.

(4)

Proposals for disposal of surface run-off, downstream from the subdivision without damage to land and improvements.

(5)

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 board;

That all new open watercourses will be seeded, sodded or paved depending on grades and soil types;

That a continuous drainage system will be installed and connected to a manmade on-site watercourse or to an existing piped storm drainage system. Where the planning board determines that such ultimate destination is impractical, the board shall require the construction of a retention area capable of accommodating proposed storm water volumes based on a 100-year frequency rainfall;

Where any part of the drainage system is proposed for location outside the public street right-of-way, provisions for future maintenance approved by the planning board and department of public works will be provided;

That all necessary easements to off-street watercourses will be obtained by the subdivider and approved by the town solicitor; and,

Where volume velocity of the surface run-off is high, the flow thereof shall be controlled by rip-rap, sediment basins, flow spreaders or other applicable devices and/or techniques recommended in the Rhode Island Soil Erosion and Sediment Control Handbook.

(6)

The proposed drainage system shall be designed to accommodate storm water such that post-construction conditions do not result in peak run-off increases in rate from pre-construction conditions.

(e)

Utilities.

(1)

Sanitary sewers. Sanitary sewers shall be required in all subdivisions and land development projects where such sewer service is required in accordance with the procedures and standards set forth in West Warwick Code of Ordinances.

(2)

Water service. Water service shall be provided for each lot in accordance with the requirements of the Kent County Water Authority. Water lines shall be generally located on the side of the street as required by the planning board and/or Kent County Water Authority.

(3)

Gas lines. Natural gas lines may be installed in any subdivision or land development project at the discretion of the subdivider. If proposed, gas lines shall be located on the opposite side of the street from the water line or as required by the planning board.

(4)

Communication lines (electric, telephone, and cable TV). All electric, communication (telephone, fire alarm, and cable TV) and street lighting lines shall be installed underground. Communication lines are not required to be placed underground for minor subdivisions where no street creation is required.

(5)

Fire alarm. Provision for connection to the fire alarm system of the town shall be required for all new development projects and subdivisions having streets proposed for dedication to the town for ownership and maintenance. Standards for fire alarm systems shall meet the minimum requirements of the town fire department. Fire alarm boxes shall be located within the street right-of-way at a maximum separation of 1,000 feet between boxes and approved by the town fire department.

(6)

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 department. The subdivider or installer is responsible for all costs related to the hydrant(s)until the Town accepts ownership of the hydrants(s) following the maintenance guarantee period. (See 20(C)(6)).

(f)

Erosion and sediment control.

(1)

Plan required; exceptions. 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 200 feet of any wetland.

Activity does not result in total displacement of more than 50 cubic yards of material.

Slopes at the site of land disturbance do not exceed ten percent.

The total area of such activity does not exceed 2,000 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 18 cubic yards; except where fill is excavated from another portion of the subdivision parcel and the quantity of fill does not exceed 50 cubic yards.

Has all disturbed surface areas promptly and effectively protected to prevent soil erosion and sedimentation.

(2)

Plan preparation. The erosion and sedimentation control plan shall be prepared by a registered engineer, or a registered landscape architect, or a soil and water conservation society certified erosion and sediment control specialist and a certified professional soil scientist.

(3)

Plan contents. The erosion and sedimentation 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 assure 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 Environmental Management, 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 storm water 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 board and/or building official (or building official's designee).

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 storm water management measures, detail drawings of control measures; stock piles 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 board and/or building official (or building official's designee) for thorough review of the plan prior to action being taken as prescribed in this chapter.

(4)

Performance principles. The contents of the erosion and sediment control plan shall clearly demonstrate how the principles, outlined below, have been met in 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, (exceeding ten percent) shall be avoided.

The grade of slopes created shall be minimized.

Post-development runoff rates should not exceed predevelopment rates, consistent with other storm water requirements which may be in effect. Any increase in storm runoff shall be retained and recharged as close as feasible to its place of origin by means of retention ponds or basins, seepage areas, subsurface drainage, 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 intended for human occupancy, municipal or utility use, or similar structures.

All drainage provision shall be of such a design and capacity so as to adequately handle storm water 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 rip-rap, 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.

(5)

Maintenance measures. Maintenance of all erosion-sediment control devices under this chapter 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 the point of open discharge at the property line or at a communal watercourse within the property. If the proper maintenance procedures are not followed, the planning board may authorize the public works director to request that the town council take the steps necessary to ensure proper maintenance by using improvement guarantee funds as provided in section 20.

(6)

Periodic inspections. The director of public works and/or building official may require inspections at such intervals as he/she may deem necessary to assure proper compliance with the approved erosion and sediment control plan. Copies of all inspection reports shall be made available to the subdivider and/or the planning board upon request.

(g)

Off-site improvements.

(1)

Purpose. This section is intended to ensure that subdivider provide off-site infrastructure improvements in order to mitigate the impacts which are directly or indirectly attributable to the new development. Such improvements may be required by the planning board if the board 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.

(2)

Definition and principles. As a condition of final approval, the planning board may require a subdivider to construct reasonable and necessary improvements located off the proposed land being subdivided. Necessary improvements are those clearly and substantially related to the subdivision of land development being proposed. The planning board shall provide in its resolution of final approval the basis for requiring such off-site improvements. In its resolution, the board shall find that a significant adverse 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 plan.

(h)

Temporary improvements. All temporary improvements shall be presented on the preliminary plan submission, but may be requested by the technical review committee during master plan review.

The nature, purpose, design and construction of the temporary improvements are to be detailed as required by the committee or the full board. The design and method of restoration will likewise be detailed. The maintenance of the restored area shall also be specified and guaranteed under the provisions of section 20.

(Ord. No. 2024-1, 10-30-2024)

Sec. 20. - General provisions—Construction and/or improvement and maintenance guarantees.#

(a)

Definition and purpose. The purpose of this section is to provide a guarantee to the town that the required public or condominium improvements will be properly constructed.

An improvement guarantee is a security instrument accepted by the town to ensure that all public or condominium improvements, facilities, or work required by this chapter or as a condition of approval of a subdivision plan by the planning board will be completed in compliance with the approved plans and specifications.

A maintenance guarantee is a security instrument accepted by the town to ensure that all public improvements, facilities, or work required by this chapter or as a condition of approval of a subdivision plan by the planning board will be maintained for a determined period of time in compliance with the approved plans and specifications.

(b)

General procedures. Before any land development or subdivision plan is endorsed by the planning board, and before the recording of any subdivision plat, the planning board shall be required to approve agreements for the completion of all required public or condominium improvements. Such agreements may, at the option of the planning board, take the form of (1) public or condominium improvement guarantees, (2) completion of actual construction of all public or condominium improvements and upon completion a maintenance guarantee or (3) a combination thereof.

(c)

Improvement guarantee. If the planning board has not approved that improvements are to be constructed prior to the planning board's endorsement of the final plan without a financial improvement guarantee an improvement guarantee shall be required as hereinafter provided. Improvement guarantees shall ensure the proper installation and maintenance of required street, utility and other physical improvements and ensure compliance with other nonstructural conditions of final plat approval (if any). The nature and duration of the guarantee shall be structured to achieve this goal without adding unnecessary costs to the subdivider.

(1)

Amount. Improvement guarantees shall be in an amount and with all necessary conditions to secure for the town the actual construction and complete installation of all the required improvements, and the satisfactory completion of all conditions of final approval within the time periods required for completion provided in said approval. The amount shall be based upon actual cost estimates which would be required for the town to complete all improvements required as a condition of final approval. These estimates shall be initially prepared by the Town Engineer, based upon estimates submitted by Building Official/Public Works Director and/or other designees of the Planning Board or Town Planner as may be appropriate, and submitted to the administrative officer, who shall review the estimates, if requested, with the subdivider. If the subdivider disagrees with the estimated amount, he/she shall have the opportunity to submit a revised estimate along with supporting justification for the revision. The town engineer's recommendation shall be forwarded to the planning board along with any revisions requested by the subdivider and/or other town departments, including the finance director, who shall review and approve the final amount. The board may set the guarantee in a reasonable amount in excess of the estimated costs in order to anticipate increases in economic or construction costs. However, the amount of such increase shall not exceed one hundred twenty (120) percent of the estimated cost of improvements recommended by the Town Engineer.

At anytime prior to the release of the improvement bond, the town engineer, building official/public works director and/or other designees of the planning board or town planner as may be appropriate, may request a review and/or upgrade of the improvement bond. Upon such request, the bond shall be reviewed in accordance with the provisions of Sec. 20 (D) (1)a above.

At the expiration of the final plan approval period, if all required improvements are not complete, the planning board shall review the status of improvements and may (1) require the subdivider to extend the duration of the entire improvement guarantee; (2) reduce the amount of the improvement guarantee to cover the estimated costs of remaining improvements; or (3) authorize the administrative officer to take the steps necessary to ensure completion of the remaining work by using improvement guarantee funds. If at any time during the guarantee period the procedures, implementation measures, methods, materials, and/or schedules of construction are determined by the planning board not to be in compliance with the approved plans, the board may, after proper notification to the subdivider, authorize the use of improvement guarantee funds to ensure proper compliance.

(d)

Maintenance guarantee. Maintenance guarantees shall ensure the proper installation and maintenance of required street, utility and other physical improvements shall be maintained for the duration of the guarantee and shall be structured to achieve this goal without adding unnecessary costs to the subdivider.

(1)

If the planning board has approved that improvements are to be constructed prior to the planning board's endorsement of the final plan without a financial improvement guarantee, all work shall be completed prior to endorsement and recording of final plan. Inspections shall be made by the town engineer, building official/public works director and/or other designees of the planning board or the planning director as may be appropriate at all required stages of construction as specified in section 19. Upon completion of the construction, the subdivider shall request a final inspection. Upon such request all construction shall be inspected and approved by the town engineer, building official/public works director and/or other designees of the planning board or town planner as may be appropriate and according to the procedures in section 19. Upon completion of all required improvements, inspecting town official(s) shall certify in writing to the town planner of such completion, and a copy shall be provided to the subdivider upon request. Upon certification, the town planner shall provide for final plan approval and upon final plan approval the final plat shall be endorsed by the appropriate planning board member or town official, and the plat shall be recorded as provided in section 38, at which time the lots within the subdivision may be transferred or sold.

The planning board shall, prior to the final plan being endorsed and recorded, require that a maintenance guarantee be provided by the subdivider for all improvements which are being dedicated to the town for public acceptance and maintenance. The amount of the maintenance guarantee shall be ten percent of the original performance bond or other original guarantee amount. In the absence of such a guarantee, ten percent of the total estimated cost of all required improvements shall be required. The initial period for such maintenance guarantee shall be one year. At the end of the one-year maintenance period, the town engineer, building official/public works director, and/or other designees of the planning board or town planner as may be appropriate shall inspect all improvements subject to the guarantee and shall certify in writing to the administrative officer as to their condition. If found to be unacceptable, the administrative officer shall recommend an extension of the guarantee period to the finance director, and the original funds shall not be returned to the subdivider. If public improvements are in good condition and have not been damaged due to the fault of the subdivider, or through faulty workmanship or design, the maintenance guarantee shall be returned to the subdivider.

In cases where the planning board finds there are extenuating circumstances, the initial maintenance period may be established for a period longer than one year. The reasons for establishing a longer maintenance period and the nature of the extenuating circumstances shall be made a part of the record.

All fees associated with fire hydrant(s) shall be the responsibility of the subdivider/installer until such time as the Town accepts responsibility for the hydrant(s) and such fees shall be retained by the finance director, for payment out of the maintenance guarantee fund.

(e)

Required form. The improvement or maintenance bond shall be in the form of a financial instrument acceptable to the finance director and shall enable the town to gain timely access to the secured funds, for cause. Improvement and maintenance guarantees may be provided by a variety of means including, but not limited to, the following:

(1)

Cash account. The subdivider may deposit cash in the form of a Passbook Savings Account or other similar cash account acceptable to the town finance director either with the town or in escrow with a bank. If the funds are to be deposited in escrow with a bank, the town shall be guaranteed through use of a security agreement deemed acceptable to the finance director and the town's legal counsel. Such agreement shall contain numerous provisions addressing many issues, including but not limited to the following:

The deadline for completion of all improvements which are the subject of the Agreement, and

Obligation of the cost of improvements which are the subject of the Agreement shall be borne by the developer responsible for developing the subdivision to the Town, and

Providing the Town with ready and immediate access to the funds securing obligations upon default of the developer, and

Procedures for making a claim and notice to the developer of the claim, and

Reductions in the amount of the Security provided to the Town under the Agreement shall be in the sole discretion of the Town, and

Release of lots.

(2)

Letter of credit. The subdivider may provide an irrevocable letter of credit from a bank or other reputable institution.

(3)

Escrow account. The subdivider may deposit cash, or other instruments readily convertible into cash at face value, either with the town or in escrow with a bank.

The performance and maintenance guarantees shall contain numerous provisions addressing many issues, including but not limited to the following:

The deadline for completion of all improvements which are the subject of the agreement, and

Obligation of the cost of improvements which are the subject of the agreement shall be borne by the developer responsible for developing the subdivision to the town, and

Providing the town with ready and immediate access to the funds securing obligations upon default of the developer, and

Procedures for making a claim and notice to the developer of the claim, and

Reductions in the amount of the security provided to the town under the agreement shall be in the sole discretion of the town, and

Release of lots.

(f)

Releases. At the expiration of the final plan approval period, if all required improvements are complete, any improvement or maintenance guarantee shall be returned to the subdivider. Partial releases or reductions in the guarantee amount may also be authorized at any time prior to the expiration of final approval. A written request for release or reduction of any improvement or maintenance guarantees shall be made to the administrative officer who shall refer the request to the town engineer. After inspection of all required improvements, by the Town Engineer, Building Official/Public Works Director, and/or other designees of the Planning Board or Town Planner as may be appropriate, the town engineer shall report to the planning board regarding his/her findings regarding the required improvements. Based on the report of the town engineer, the planning board shall recommend that the town council:

(1)

Authorize the finance director to return all improvement or maintenance guarantees to the subdivider;

(2)

That the amount of the guarantee being held by the town be reduced to cover the estimated cost of remaining improvements; or

(3)

That no releases or reductions be made.

The town council shall act on all such releases or reductions of improvement or maintenance guarantees.

(g)

Phased subdivisions.

(1)

Phased subdivisions. In the case of land development projects or subdivisions which are approved and constructed in phases, the planning board shall specify improvement or maintenance guarantees related to each particular phase. If any off-site improvements or other improvements or conditions which are not directly related to a particular phase are required as a condition of approval, the board shall, in setting the guarantee amount for each phase, clearly specify when such guarantees are to be provided.

(h)

Acceptance of improvements.

Upon completion of all required improvements, the subdivider shall convey all public improvements to the town for ownership and maintenance. Private facilities, such as condominium association owned property, open space and privately maintained drainage systems, shall not be conveyed to the town. The applicant shall first request the Town Engineer to require that Town Engineer, Building Official/Public Works Director, and/or other designees of the Planning Board or Town Planner as may be appropriate conduct a final inspection as provided in section 19.

The Town Engineer shall certify to the administrative officer in writing that all required improvements have been satisfactorily completed.

The applicant shall also request, in writing to the administrative officer, that public improvements, streets, land easements, or other facilities excluding private facilities, such as condominium association owned property, open space and privately maintained drainage systems, be accepted by the town.

This request shall contain a description of all facilities to be accepted and shall be accompanied by an accurate description of all streets; easements, land or other facilities by metes and bounds and by reference to the final plat drawings(s) and by a warranty deed transferring ownership to the town and describing any special conditions or other requirements.

Upon certification of completion of all required public improvements, streets, land easements, or other facilities, and upon receipt of all required information from the applicant, the administrative officer shall place the request for acceptance upon the next available agenda of the technical review committee. If all requirements of this chapter have been met by the applicant, the technical review committee shall recommend acceptance by the town council of all such improvements and shall transmit such recommendations to the town council in writing. In such recommendation for acceptance by the town council, the technical review committee shall also recommend an amount for a maintenance bond in accordance with this chapter and shall recommend to the town council that no public improvements or facilities be accepted for ownership and maintenance until such maintenance bond has been submitted as required in subsection (D) above.

Upon their acceptance by the town council, all improvements shall be permanently owned and maintained by the town as part of the municipal system and the subdivider shall be no longer responsible for their care, repair, or maintenance.

(Ord. No. 2024-1, 10-30-2024; Res. No. 2025-1, 4-7-2025)

Sec. 21. - General provisions—Requirements for dedication of public land; public improvements and fees.#

(a)

Subdivider must provide open space. The planning board 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 open space, conservation, park and recreational facilities to serve present and future residents of the proposed land development or subdivision. The planning board 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.

(b)

Relationship to comprehensive plan. The requirement for dedication of land for open space, conservation, park and recreation facilities shall be based upon the policies and standards set forth in the town comprehensive plan and shall reflect the character defined for the neighborhood or district in which the subdivision is located by the comprehensive plan. The nature of the land dedication must reflect the character of the land being subdivided and must be suitable for the intended use. At a minimum, five percent of the amount of land to be dedicated shall be usable land. Land dedications proposed for park and recreation land shall be entirely usable land, not containing any land unsuitable for development (section 18(C)). 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 open space, conservation, park and recreational facilities.

(c)

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 DUs in the Subdivision* X Five Acres Per 100 Dwelling Units*The maximum number of dwelling units in all phases of the land development project or subdivision.

(d)

Ownership of land. Land dedications required by this section may be made by transfer of fee simple ownership to any of the following:

(1)

The town.

(2)

A private homeowners' association.

(3)

A private nonprofit conservation or recreation group approved by the planning board.

(e)

Fees-in-lieu of land dedication. Where a fee is required by the planning board to be paid in lieu of land dedication, the amount of such fee shall be $2,500.00 dollars per dwelling unit. Such fee shall be paid at the time of application being made for a building permit and no building permit shall be issues until payment of such fee.

(f)

Reserved

(g)

Mill Re-Use Districts. Notwithstanding the provisions of this Section 21, the requirement for the dedication of land or payment of a Fee-In-Lieu, may, for good cause shown, be waived for any land development or subdivision occurring pursuant to the provisions of the ordinance relating to Re-use Developments of Vacant Historical Mill Structures.

(h)

Nonprofit organization subsidized for moderate and low income housing projects. Notwithstanding the provisions of this Section 21, the requirement for the dedication of land or payment of a Fee-in Lieu may be waived by the Planning Board for any land development or subdivision project of a nonprofit organization for subsidized moderate and low income housing. In determining whether such waiver shall be granted, the Planning Board may consider (1) other subsidies, benefits or incentives received by said nonprofit organization, (2) the sources of income and expenses of the nonprofit organization related to the project and (3) such other matters as the Planning Board shall deem relevant.

(Ord. No. 2024-1, 10-30-2024)

Sec. 21.1. - General provisions—Solar energy facility decommissioning bond.#

(a)

The purpose of this section is to provide a guarantee to the town that the decommissioning of any solar energy facility constructed after being approved by the planning board shall be properly decommissioned and removed upon cessation of activity for a period of 180 days.

(b)

Decommissioning and removal shall include all site infrastructure, including panels and panel support structures, structure mounting and attachments to the ground, inverters and other electrical equipment, concrete pads/footings, enclosures, underground conduit, fence, footing, piers or screws, etc. and that site of the solar energy facility shall be well graded, free of depressions to facilitate drainage and properly restored to the approval of the planning board.

(c)

If the planning board has approved the construction of a solar energy facility prior to the planning board's endorsement of the final plan a decommissioning surety bond shall be required as hereinafter provided.

(d)

The solar decommissioning surety bond shall be in an amount equal to 125 percent of the cost of decommissioning in accordance with a decommissioning plan provided by a civil/environmental engineer to and approved by the town engineer.

(e)

The solar decommissioning surety bond shall be in the form of a financial instrument acceptable to the finance director and shall enable the town to gain timely access to the secured funds for failure to properly decommission and remove the solar facility and grade the site, free of depressions to facilitate drainage and properly restore the site to the approval of the planning board within 180 days. The solar decommissioning surety bond may be provided by a variety of means including, but not limited to, the following:

Cash Account. The subdivider may deposit cash in the form of a Passbook Savings Account or other similar cash account acceptable to the town finance director either with the town or in escrow with a bank. If the funds are to be deposited in escrow with a bank, the town shall be guaranteed through use of a security agreement deemed acceptable to the finance director and the town's legal counsel.

Letter of credit. The subdivider may provide an irrevocable letter of credit from a bank or other reputable institution.

Escrow account. The subdivider may deposit cash, or other instruments readily convertible into cash at face value, either with the town or in escrow with a bank.

(f)

Upon completion of the decommissioning the solar decommissioning surety bond shall be returned to the owner. A written request for release of the solar decommissioning surety bond shall be made to the administrative officer who shall refer the request to the town engineer. After inspection of all required decommissioning, as hereinabove provided, by the town engineer or his/her or the planning board's designee the town engineer shall report to the planning board regarding his/her findings regarding the required decommissioning. Based on the report of the town engineer, the planning board shall recommend that the town council authorize the finance director to return all of the solar decommissioning surety bond to the owner.

(Res. No. 2025-1, 4-7-2025)

Sec. 22. - Special provisions—Phasing of projects.#

(a)

When a major land development or major subdivision is submitted for master plan approval as provided in section 14, the planning board 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 board 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 board shall have the authority to establish a rate of development of the entire subdivision by requiring it to be built in phases, related to the ability of the municipal improvements, services and facilities to serve the residents of the subdivision or development.

(b)

When an application is submitted for master plan approval, the applicant shall submit to the applicable municipality, state or utility 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 be requested to provide its comments on the application by the administrative officer. Comments shall be received from each agency prior to the date of the informational meeting (section 14(D)). 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 section 13, all comments from reviewing agencies shall be received prior to the date of the public hearing.

(c)

Each department or agency to which such a request for comments is made shall deliver to the administrative officer, in written format, and any supplementary material, which shall describe:

(1)

An estimate of the impact of the subdivision on the facilities and/or services provided by the department or agency;

(2)

Whether existing facilities and/or services are adequate to serve the subdivision's residents;

(3)

Whether plans for the necessary improvements to existing facilities and/or services are included in the department's or agency's capital improvement program or are otherwise planned; and,

(4)

An estimate of how long it would take to provide any necessary improvements to existing facilities and/or services.

All such written comments and supplementary material shall be delivered to the administrative officer by the reviewing agency within the time limits prescribed.

(d)

Based on the responses received from the various departments and agencies, the planning board 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 growth rate plan, the planning board may require that improvements be installed, or lots sold, in two or more phases.

(e)

If phasing is required, the planning board 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 board in subsection (D) above. In such review and approval, the board 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, including the applicant's actual provision of the necessary improvement or a payment to a dedicated restricted account in lieu of actual provision.

(f)

The master plan documents shall 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.

(g)

Vesting of phased projects. The master plan shall remain vested as long as it can be proved, to the satisfaction of the planning board, 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.

(Ord. No. 2024-1, 10-30-2024)

Sec. 23. - Reserved.#

Sec. 24. - Reserved.#

Sec. 25. - Local regulations—Authority to create and administer regulations.#

The town council has empowered, under the town Charter, section 1605, the planning board to adopt, modify and amend regulations and rules governing land development and subdivision projects within the town and to control land development and subdivision projects pursuant to those regulations and rules and to applicable state laws and the town comprehensive plan.

(Ord. No. 2024-1, 10-30-2024)

Sec. 26. - Local regulations—Procedure for adoption and amendment.#

(a)

The planning board, as authorized by the town Charter, shall adopt, amend, or repeal, and provide for the administration, interpretation, and enforcement of land development and subdivision review regulations.

(b)

Provisions of these local regulations and appendices shall be as set forth in this chapter. The procedure to adopt, amend or repeal these regulations are set forth in section 27.

(Ord. No. 2024-1, 10-30-2024)

Sec. 27. - Local regulations—Public hearing and notice requirements.#

(a)

These regulations shall not be adopted, repealed, or amended until after a public hearing has been held upon the question before the planning board. The planning board shall first give notice of the public hearing by publication of notice in a newspaper of general circulation within the municipality at least once each week for three successive weeks prior to the date of the hearing, which may include the week in which the hearing is to be held. At this hearing, opportunity shall be given to all persons interested to be heard upon the matter of the proposed regulations. Written notice, which may be a copy of the newspaper notice, shall be mailed to the associate director of the division of planning of the Rhode Island Department of Administration at least two weeks prior to the hearing. Advertising shall be conducted by the town clerk upon written request of the administrative officer. The newspaper notice shall be published as a display advertisement, using a type size at least as large as the normal type size used by the newspaper in its news articles, and shall:

(1)

Specify the place of said hearing and the date and time of its commencement;

(2)

Indicate that adoption, amendment or repeal of local regulations is under consideration;

(3)

Contain a statement of the proposed amendments to the regulations that may be printed once in its entirety, or may summarize or describe the matter under consideration;

(4)

Advise those interested where and when a copy of the matter under consideration may be obtained or examined and copied; and

(5)

State that the proposals shown thereon may be altered or amended prior to the close of the public hearing without further advertising, as a result of further study or because of the views expressed at the public hearing. Any such alteration or amendment must be presented for comment in the course of said hearing.

(b)

Notice of the public hearing shall be sent by first class mail to the city or town planning board of any municipality where there is a public or quasi-public water source, or private water source that is used or is suitable for use as a public water source, located within 2,000 feet of the town municipal boundaries.

(c)

Notice of a public hearing shall be sent to the governing body of any state or municipal water department or agency, special water district, or private water company that has riparian rights to a surface water resource and/or surface watershed that is used or is suitable for use as a public water source located within either the municipality or 2,000 feet of the town municipal boundaries; provided, however, that a map survey has been filed with the building official as specified in G.L. 1956, § 45-24-53(E).

(d)

No defect in the form of any notice under this section shall render any regulations invalid, unless such defect is found to be intentional or misleading.

(e)

The above requirements are to be construed as minimum requirements.

(Ord. No. 2024-1, 10-30-2024)

Sec. 28. - Local regulations—Publication and availability.#

(a)

Printed copies of the local regulations shall be available to the general public and shall be revised to include all amendments. Any appendices shall also be available. A reasonable charge may be made for copies.

(b)

Upon publication of local regulations and any amendments thereto, the town clerk shall send a copy to the Rhode Island Department of Administration's Division of Planning and to the state law library.

(Ord. No. 2024-1, 10-30-2024)

Sec. 29. - Administration—The administrative officer.#

(a)

Designation. Administration of these subdivision and land development regulations shall be under the direction of the administrative officer, who shall report to the planning board. The town planner of the town is hereby designated as the administrative officer.

(b)

Appointment. Appointment of the town planner shall be by the town council upon recommendation of the town manager as designated in the town Charter.

(c)

Duties and responsibilities. The duties and responsibilities of the administrative officer shall include, but shall not be limited to:

(1)

Coordination of the review, approval, recording, and enforcement provisions of these regulations; including, coordinating the enforcement efforts of the zoning enforcement officer, the building official, the planning department staff, the town engineer, the department of public works, and other local officials responsible for the enforcement or carrying out of the discrete elements of the regulations;

(2)

Coordination of the review and approval procedures for subdivisions and land development projects with adjacent municipalities as is necessary to be consistent with applicable federal, state and local laws as directed by the planning board;

(3)

Enforcement of these regulations as provided in section 33 of these regulations; and,

(4)

Serve as the chairperson of the technical review committee.

(d)

Qualifications. The qualifications of the administrative officer shall be as provided in the official job description for the town planner in the town Charter.

(Ord. No. 2024-1, 10-30-2024)

Sec. 30. - Administration—Technical review committee.#

(a)

Establishment. There is hereby established a technical review committee, which is established to conduct technical reviews of applications for subdivisions and land development projects subject to planning board jurisdiction and as herein described.

(b)

Membership of the technical review committee shall consist of the administrative officer, the director of public works, town engineer, superintendent of sewers, chief of police, fire chief, and such other town officials as the administrative officer may from time to time designate. The administrative officer shall be chairperson. The planning board shall establish its rules and procedures for the technical review committee.

(c)

Recommendations of the technical review committee to the permitting authority shall be in writing and shall be kept as part of the permanent record on the development application. In no case shall the recommendation of the technical review committee be binding on the planning board in its activities or decisions. The recommendation of the technical review committee shall be made available to the applicant prior to a decision by the permitting authority.

(Ord. No. 2024-1, 10-30-2024)

Sec. 31. - [Administration—The board of appeal.]#

(a)

Appeals from decision of administrative officer

(1)

Decisions by the administrative officer approving or denying projects under [INSERT LOCAL SECTION REFERENCE] (RIGL §§45-23-38 or 45-23-50) shall not be subject to this section and shall proceed directly to Superior Court as set forth in RIGL §45-23-71.

An appeal to the board of appeal from a decision or action of the administrative officer may be taken by an aggrieved party to the extent provided in RIGL §45-23-66. The appeal must be taken within twenty (20) days after the decision has been recorded in the [CITY/TOWN]'s land evidence records and posted in the office of the [CITY/TOWN] clerk.

The appeal shall be in writing and state clearly and unambiguously the issue or decision that is being appealed, the reason for the appeal, and the relief sought. The appeal shall either be sent by certified mail, with a return receipt requested, or be hand-delivered to the board of appeal. The [CITY/TOWN] clerk shall accept delivery of an appeal on behalf of the board of appeal, if the local regulations governing land development and subdivision review so provide.

Upon receipt of an appeal, the board of appeal shall require the administrative officer to immediately transmit to the board of appeal, all papers, documents and plans, or a certified copy thereof, constituting the record of the action which is being appealed.

(2)

Stay. An appeal stays all proceedings in furtherance of the action being appealed.

(3)

Hearing.

The board of appeal shall hold a hearing on the appeal within forty-five (45) days of the receipt of the appeal, give public notice of the hearing, as well as due notice to the parties of interest. At the hearing the parties may appear in person, or be represented by an agent or attorney. The board shall render a decision within ten (10) days of the close of the public hearing. The cost of any notice required for the hearing shall be borne by the applicant.

The board of appeal shall only hear appeals of the actions of an administrative officer at a meeting called especially for the purpose of hearing the appeals and which has been so advertised.

The hearing, which may be held on the same date and at the same place as a meeting of the zoning board of review, must be held as a separate meeting from any zoning board of review meeting. Separate minutes and records of votes as required by RIGL §45-23-70(d) shall be maintained by the board of appeal.

(4)

Standards of review.

As established by this chapter, in instances of a board of appeal's review of an administrative officer's decision on matters subject to this chapter, the board of appeal shall not substitute its own judgment for that of the administrative officer but must consider the issue upon the findings and record of the administrative officer. The board of appeal shall not reverse a decision of the administrative officer except on a finding of prejudicial procedural error, clear error, or lack of support by the weight of the evidence in the record.

The concurring vote of three (3) of the five (5) members of the board of appeal sitting at a hearing, is necessary to reverse any decision of the administrative officer.

In the instance where the board of appeal overturns a decision of the administrative officer, the proposed project application is remanded to the administrative officer, at the stage of processing from which the appeal was taken, for further proceedings before the administrative officer and/or for the final disposition, which shall be consistent with the board of appeal's decision.

The board of appeal shall keep complete records of all proceedings including a record of all votes taken, and shall put all decisions on appeals in writing. The board of appeal shall include in the written record the reasons for each decision.

(b)

Appeals to the superior court

(1)

An aggrieved party may appeal a decision of the board of appeal, a decision of an administrative officer made pursuant to RIGL §§ 45-23-38 or § 45-23-50 where authorized to approve or deny an application, a decision of the technical review committee, where authorized to approve or deny an application, or a decision of the planning board, to the superior court by filing a complaint stating the reasons of for the appeal within twenty (20) days after the decision has been recorded and posted in the office of the town clerk. Recommendations by any public body or officer under this chapter are not appealable under this section. The authorized permitting authority shall file the original documents acted upon by it and constituting the record of the case appealed from, or certified copies of the original documents, together with any other facts that may be pertinent, with the clerk of the court within thirty (30) days after being served with a copy of the complaint. When the complaint is filed by someone other than the original applicant or appellant, the original applicant or appellant and the planning board shall be made parties to the proceedings. No responsive pleading is required for an appeal filed pursuant to this section. The appeal does not stay proceedings upon the decision appealed from, but the court may, in its discretion, grant a stay on appropriate terms and make any other orders that it deems necessary for an equitable disposition of the appeal. Appeals from a decision granting or denying approval of a final plan shall be limited to elements of the approval or disapproval not contained in the decision reached by the planning board at the preliminary stage; providing that, a public hearing has been held on the plan, if required pursuant to this chapter.

(2)

The review shall be conducted by the superior court without a jury. The court shall consider the record of the hearing before the planning board and, if it appear to the court that additional evidence is necessary for the proper disposition of the matter, it may allow any party to the appeal to present evidence in open court, which evidence, along with the report, shall constitute the record upon which the determination of the court shall be made.

(3)

The court shall not substitute its judgment for that of the [planning board] as to the weight of the evidence on questions of fact. The court may affirm the decision of the board of appeal or remand the case for further proceedings, or may reverse or modify the decision if substantial rights of the appellant have been prejudiced because of findings, inferences, conclusions or decisions which are:

In violation of constitutional, statutory, ordinance or [planning board] regulations provisions;

In excess of the authority granted to the [planning board] by statute or ordinance;

Made upon unlawful procedure;

Affected by other error of law;

Clearly erroneous in view of the reliable, probative, and substantial evidence of the whole record; or

Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

(Ord. No. 2024-1, 10-30-2024)

Editor's note— Ord. No. 2024-1, adopted Oct. 30, 2024, did not provide a title for the section. For purposes of clarity and to preserve the style of this Code, and at the editor's discretion, these provisions have been included as "Administration—The board of appeal" based on the content of the section.

Sec. 32. - Administration—Administrative fees.#

(a)

Pursuant to G.L. 1956, § 45-23-58, the Town Council shall set reasonable fees, in an amount not to exceed actual costs incurred, to be paid by the applicant for the adequate review and hearing of applications, issuance of permits and the recording of the decisions thereon. These fees, payable to the town, shall be paid at the stages established in this chapter. The Planning Board, with input from the technical review committee, shall provide recommendations to the town council on the fees. The town council shall provide a list of fees to both the planning board and the technical review committee.

(b)

The applicant shall also be required to bear the expense of any outside technical assistance which the Planning Board or the Technical Review Committee deems necessary to assist the Planning Board or the Technical Review Committee.

(Ord. No. 2024-1, 10-30-2024)

Sec. 33. - Administration—Violations and penalties.#

(a)

Any person who fails or refuses to adhere to all of the terms and conditions of any subdivision of land or development plan that has been approved by the planning board or the administrative officer shall be in violation of this chapter.

(b)

Violation of this chapter shall include any action related to the transfer or sale of land in unapproved subdivisions. Any owner, or agent of the owner, who transfers, sells or negotiates to sell any land by reference to or exhibition of, or by other use, a plat of the subdivision before the plat has been approved by the planning board and recorded in the municipal land evidence records, shall be in violation of the local regulations and subject to the penalties described in this chapter.

(c)

Any person who, having submitted an application for subdivision or development approval, begins construction of the subdivision development, or constructs any structure or improvement on the parcel, without having first received approval from the planning board or the administrative officer, shall be in violation of this chapter.

(d)

The penalty for violation shall reasonably relate to the seriousness of the offense, and shall not exceed $500.00 for each violation, and each day of existence of any violation shall be deemed to be a separate offense. Any such fine shall inure to the town.

(e)

The town may also cause suit to be brought in the supreme or Kent County Superior Court, or West Warwick Municipal Court, to restrain the violation of, or to compel compliance with, the provisions of this chapter. The town may consolidate an action for injunctive relief and/or fines under this chapter in Kent County Superior Court.

(Ord. No. 2024-1, 10-30-2024)

Sec. 34. - Administrative—Election of officers.#

The Planning Board at its first meeting on or after April 1st of each year shall organize by electing from its membership a chairperson, a vice chairperson and a secretary.

(Ord. No. 2024-1, 10-30-2024)

Sec. 35. - Procedure—Precedence of approvals between planning board and other local permitting authorities.#

(a)

Zoning board.

(1)

Where an applicant requires both a variance from the zoning ordinance and planning board approval, the applicant shall first obtain an advisory recommendation from the planning board, as well as conditional planning board approval for the first approval stage for the proposed project, which may be simultaneous, then obtain conditional zoning board relief, and then return to the planning board for subsequent required approval(s).

(2)

Where an applicant requires both a special use permit under the local zoning ordinance and planning board approval, the applicant shall first obtain an advisory recommendation from the planning board, as well as conditional planning board approval for the first approval stage for the proposed project, which may be simultaneous, then obtain a conditional special use permit from the zoning board, and then return to the planning board for subsequent required approval(s).

(b)

Town council. Where an applicant requires both planning board approval and council approval for a zoning ordinance or zoning map change, the applicant shall first obtain an advisory recommendation on the zoning change from the planning board, as well as conditional planning board approval for the first approval stage for the proposed project, which may be simultaneous, then obtain a conditional zoning change from the town council, and then return to the planning board for subsequent required approval(s).

(Ord. No. 2024-1, 10-30-2024)

Sec. 36. - Procedure—Waivers; modifications and reinstatement of plans.#

(a)

Waiver of development plan approval.

(1)

The planning board may waive requirements for development plan approval where there is a change in use or occupancy and no extensive construction of improvements is sought. The waiver may be granted only by a decision by the planning board finding that the use will not affect existing drainage, circulation, relationship of buildings to each other, landscaping, buffering, lighting and other considerations of development plan approval, and that the existing facilities do not require upgraded or additional site improvements.

(2)

The application for a waiver of development plan approval review shall include documentation, as required by the planning board, on prior use of the site, the proposed use, and its impact. Such documentation shall include a zoning certificate for the existing use; fully completed building permit application for the proposed use including all plans and documents as required by the building official for a building permit; letter requesting a waiver stating all reasons therefor; a survey of existing site conditions showing all data requested under section 17 of the zoning ordinance; and written evaluation by the building official of the proposed permit application.

(b)

Waiver and/or modification of requirements. The planning board shall have the power to grant such waivers and/or modifications from the requirements for land development and subdivision approval as may be reasonable and within the general purposes and intents of the provisions for local regulations. The only grounds for such waivers and/or modifications shall be where the literal enforcement of one or more provisions of the regulations is impracticable and will exact undue hardship because of peculiar conditions pertaining to the land in question or where such waiver and/or modification is in the best interest of good planning practice and/or design as evidenced by consistency with the town's comprehensive plan and zoning ordinance.

(c)

Reinstatement of applications.

(1)

When an applicant has exceeded a deadline established by these regulations for submission of material for subdivision or land development, thereby rendering a previously granted approval invalid, the application may be reinstated by the planning board under the following conditions:

If the subdivision is consistent with the comprehensive plan;

If the land development and subdivision regulations pertinent to the specific proposal are substantially the same as they were at the time of the original approval and that any changes thereto would not have affected the previously granted approval;

If the zoning of the subdivision parcel is substantially the same as it was at the time of original approval;

If physical conditions on the subdivision parcel are substantially the same as they were at the time of original approval; and,

If any applicable state or federal regulations are substantially the same as they were at the time of original approval.

(2)

Application for reinstatement of a previously approved subdivision shall be made to the planning board in writing by the subdivider. The planning board, in approving or denying the request for an extension, shall make findings of fact which shall be made part of the record.

(d)

Decisions on waivers and modifications.

(1)

The planning board shall approve, approve with conditions, or deny a request for a waiver or modification by the following procedure:

The planning board's decision shall be made within 45 days of the date the request for waiver or modification was first considered by the planning board, unless the applicant waives that deadline.

The planning board's decision shall be in writing, and shall contain findings of fact addressing the conditions contained in section 36(A).

(Ord. No. 2024-1, 10-30-2024)

Sec. 37. - Procedure—Meetings; votes, decisions and records.#

(a)

All records of the planning board proceedings and decisions shall be written and kept permanently available for public review. Completed applications for proposed land development and subdivision projects under review by the planning board, shall be available for public review.

(b)

Participation in a planning board meeting or other proceedings by any party shall not be a cause for civil action or liability except for acts not in good faith, intentional misconduct, knowing violation of law, transactions where there is an improper personal benefit, or malicious, wanton, or willful misconduct.

(c)

All final written comments to the planning board from the administrative officer, municipal departments, the technical review committee, state and federal agencies, and local commissions shall be part of the permanent record of the development application.

(d)

Votes. All votes of the planning board shall be made part of the permanent record and shall show the members present and their votes. A decision by the planning board to approve any land development or subdivision application shall require a vote for approval by a majority of the current planning board membership.

(e)

All written decisions of the planning board shall be recorded in the land evidence records within 35 days after the planning board vote. A copy of the recorded decision shall be mailed with one business day of recording by any method that provides confirmation of receipt to the applicant and to any objector who has filed a written request for notice with the administrative officer.

(Ord. No. 2024-1, 10-30-2024)

Sec. 38. - Procedure—Signing and recording of plats and plans.#

(a)

All approved final plans and plats for land development and subdivision projects shall be signed by the appropriate planning board official, as authorized by the planning board, with the date of approval. Plans and plats for major land developments and subdivisions shall be signed by the planning board chairperson of the planning board attesting to the approval by the planning board. All minor land development or subdivision plans and plats and administrative plats shall be signed by the planning board chairperson or other planning board member as shall be designated by the planning board.

(b)

Upon signature, all plans and plats shall be submitted to the administrative officer prior to recording and filing in the appropriate municipal departments. The material to be recorded for all plans and plats shall include all pertinent plans with notes thereon concerning all the essential aspects of the approved project design, the implementation schedule, special conditions placed on the development by the municipality, permits and agreements with state and federal reviewing agencies, and other information as required by the planning board. The final approved and signed plat shall be affixed on a plat card in a manner approved by the town clerk.

(c)

Other parts of the applications record for subdivisions and land development projects, including all meeting records, approved master plan and preliminary plans, site analyses, impact analyses, all legal agreements, records of the public hearing and the entire final approved set of drawings shall be kept permanently by the municipal departments responsible for implementation and enforcement, including the planning department, department of public works, town engineering department, and building department. In addition, the administrative officer shall maintain a complete copy of the record.

(d)

Construction drawings need not be recorded. However, a complete blueline or photocopy set of construction drawings, including street plans and profiles, cross sections, grading plans, drainage plans, landscaping plans, soil erosion and sediment control plans, utility plans and any other construction plans, details, and specifications required as a condition of approval shall be submitted to the administrative officer who shall create and maintain a file prior to the subdivider recording the plat. Additional copies of all construction drawings shall be kept by the department of public works, and any other town departments as mentioned in section 38(C) above.

(e)

The administrative officer shall notify the statewide 911 emergency authority and the town police and fire departments servicing the new plat with the information required by each of the authorities.

(Ord. No. 2024-1, 10-30-2024; Res. No. 2025-1, 4-7-2025)

Sec. 39. - Procedure—Changes to recorded plats and plans.#

(a)

For all changes to the approved plans of land development projects or subdivisions subject to this chapter, an amendment of the final development plans is required prior to the issuance of any building permits. Any changes approved in the final plan shall be recorded as amendments to the final plan in accordance with the procedure established for recording of plats in section 38.

(b)

Minor changes. Minor changes, as defined below, to a land development or subdivision plan may be approved administratively, by the administrative officer, whereupon a permit may be issued. Such changes may be authorized without additional public hearings, at the discretion of the administrative officer. All such changes shall be made part of the permanent record of the project application. This provision shall not prohibit the administrative officer from requesting a recommendation from either the technical review committee or the planning board. Denial of the proposed change(s) shall be referred to the planning board for review as a major change.

(Ord. No. 2024-1, 10-30-2024)

Sec. 40. - Appeals—Right of appeal.#

(a)

An appeal from any decision of the planning board, or administrative officer charged in the regulations with enforcement of any provisions, except as provided herein, may be taken to the board of appeal by an aggrieved party.

(b)

An appeal from a decision of the board of appeal may be taken by an aggrieved party to the Kent County Superior Court.

(Ord. No. 2024-1, 10-30-2024)

Sec. 41. - Appeals—Process of appeal.#

(a)

An appeal to the board of appeal from a decision or action of the planning board or administrative officer may be taken by an aggrieved party. Such appeal must be taken within 20 days after the decision has been recorded and posted in the office of the town clerk.

(b)

The appeal shall be in writing and shall state clearly and unambiguously the issue or decision which is being appealed, the reason for the appeal, and the relief sought. The appeal shall either be sent by certified mail, with a return receipt requested, or shall be hand delivered to the board of appeal. The town clerk shall accept delivery of an appeal on behalf of the board of appeal.

(c)

Upon receipt of an appeal, the board of appeal shall require the planning board or administrative officer to transmit forthwith to the board of appeal, all papers, documents and plans, or a certified copy thereof, constituting the record of the action which is being appealed.

(Ord. No. 2024-1, 10-30-2024)

Sec. 42. - Appeals—Stay of proceedings.#

An appeal shall stay all proceedings in furtherance of the action being appealed.

(Ord. No. 2024-1, 10-30-2024)

Sec. 43. - Appeals—Public hearing.#

(a)

The board of appeal shall hold a public hearing on the appeal within 45 days of the receipt of the appeal, give public notice thereof, as well as due notice to the parties of interest. At the hearing any party may appear in person, or may be represented by an agent or attorney. The board shall render a decision within ten days of the close of the public hearing. The cost of any notice required for the hearing shall be borne by the appellant.

(b)

The board of appeal shall only hear appeals of the actions of a planning board or administrative officer at a meeting called especially for the purpose of hearing such appeals and which has been so advertised.

(c)

The hearing, which may be held on the same date and at the same place as a meeting of the zoning board of review, must be held as a separate meeting from any zoning board of review meeting. Separate minutes and records of votes as required by section 44 shall be maintained by the board of appeal.

(Ord. No. 2024-1, 10-30-2024)

Sec. 44. - Appeals—Standards of review.#

(a)

As established by this chapter, in instances of a board of appeal's review of a planning board or administrative officer's decision on matters subject to this chapter, the board of appeal shall not substitute its own judgment for that of the planning board or the administrative officer but must consider the issue upon the findings and record of the planning board or administrative officer. The board of appeal shall not reverse a decision of the planning board or administrative officer except on a finding of prejudicial procedural error, clear error, or lack of support by the weight of the evidence in the record.

(b)

The concurring vote of three of the five members of the board of appeal sitting at a hearing shall be necessary to reverse any decision of the planning board or administrative officer.

(c)

In the instance where the board of appeal overturns a decision of the planning board or administrative officer, the proposed project application shall be remanded to the planning board or administrative officer, at the stage of processing from which the appeal was taken, for further proceedings before the planning board or administrative officer and/or for the final disposition, which shall be consistent with the board of appeal's decision.

(d)

The board of appeal shall keep complete records of all proceedings, including a record of all votes taken, and shall put all decisions on appeals in writing. The board of appeal shall include in the written record the reasons for each decision.

(Ord. No. 2024-1, 10-30-2024)

Sec. 45. - Appeals to the superior court—Process generally.#

(a)

An aggrieved party may appeal a decision of the board of appeal to the Kent County Superior Court by filing a complaint setting forth the reasons of appeal within 20 days after the decision has been recorded and posted in the office of the town clerk. The board of appeal shall file the original documents acted upon by it and constituting the record of the case appealed from, or certified copies thereof, together with such other facts as may be pertinent, with the clerk of the court within 30 days after being served with a copy of the complaint. When the complaint is filed by someone other than the original applicant or appellant, such original applicant or appellant and the permitting authority shall be made parties to the proceedings. The appeal shall not stay proceedings upon the decision appealed from, but the court may, in its discretion, grant a stay on appropriate terms and make such other orders as it deems necessary for an equitable disposition of the appeal.

(b)

The review shall be conducted by the superior court without a jury. The court shall consider the record of the hearing before the board of appeal or permitting authority, as applicable, and, if it shall appear to the court that additional evidence is necessary for the proper disposition of the matter, it may allow any party to such appeal to present such evidence in open court, which evidence, along with the report, shall constitute the record upon which the determination of the court shall be made.

(c)

The court shall not substitute its judgment for that of the board of appeal or permitting authority, as applicable, as to the weight of the evidence on questions of fact. The court may affirm the decision of the board of appeal or permitting authority, as applicable or remand the case for further proceedings, or may reverse or modify the decision if substantial rights of the appellant have been prejudiced because of findings, inferences, conclusions or decisions which are:

(1)

In violation of constitutional, statutory, ordinance or planning board regulations or other provisions;

(2)

In excess of the authority granted to the planning board by statute or ordinance;

(3)

Made upon unlawful procedure;

(4)

Affected by other error of law;

(5)

Clearly erroneous in view of the reliable, probative, and substantial evidence of the whole record; or

(6)

Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

(Ord. No. 2024-1, 10-30-2024; Res. No. 2025-2, 9-18-2025)

Sec. 46. - Appeals to the superior court—Enactment of or amendment of local regulations.#

(a)

An appeal of an enactment of or an amendment of West Warwick Land Development and Subdivision Regulations may be taken to the Kent County Superior Court by filing a complaint, as set forth herein, within 30 days after such enactment, or amendment has become effective. The appeal may be taken by any legal resident or landowner of the town or by any association of residents or landowners of the town. The appeal shall not stay the enforcement of the local regulations, as enacted or amended, but the court may, in its discretion, grant a stay on appropriate terms, which may include the filing of a bond, and make such other orders as it deems necessary for an equitable disposition of the appeal.

(b)

The complaint shall set forth with specificity the area or areas in which the enactment or amendment is not consistent with the Comprehensive Planning Act, G.L. 1956, § 45-22.2-1 et seq.; the Zoning Enabling Act of 1991, G.L. 1956, § 45-24-27 et seq.; the town comprehensive plan; or the town zoning ordinance.

(c)

The review shall be conducted by the court without a jury. The court shall consider whether the enactment or amendment of the local regulations is consistent with the Comprehensive Planning Act, G.L. 1956, § 45-22.2-1 et seq.; the Zoning Enabling Act of 1991, G.L. 1956, § 45-24-27 et seq.; the town comprehensive plan; or the town zoning ordinance. If the enactment or amendment is not consistent, then the court shall invalidate the enactment or the amendment, or those parts of such enactment or amendment which are not consistent. The court shall not revise the regulations to be consistent, but may suggest appropriate language as part of the court decision.

(d)

The court may, in its discretion, upon motion of the parties or on its own motion, award reasonable attorneys' fees to any party to an appeal, as set forth herein, including a municipality.

(Ord. No. 2024-1, 10-30-2024)

Sec. 47. - Appeals to the superior court—Priority in judicial proceedings.#

Upon the entry of any case or proceeding brought under the provisions of this chapter, including pending appeals and appeals hereinafter taken to the court, the court shall, at the request of either party, advance the case, so that the matter shall be afforded precedence on the calendar and shall thereupon be heard and determined with as little delay as possible.

(Ord. No. 2024-1, 10-30-2024)

Sec. 48. - Severability.#

If any provision of this chapter or of any rule, regulation or determination made thereunder, or the application thereof to any person, agency or circumstances, is held invalid by a court of competent jurisdiction, the remainder of the chapter, rule, regulation, or determination and the application of such provisions to other persons, agencies, or circumstances shall not be affected thereby. The invalidity of any section or sections of this chapter shall not affect the validity of the remainder of the chapter.

(Ord. No. 2024-1, 10-30-2024)

Sec. 49. - Fee schedule.#

See appendix B, fees and charges, of this Code.

(Ord. No. 2024-1, 10-30-2024)

APPENDIX A

SPECIFICATIONS FOR TREE PLANTING IN NEW SUBDIVISIONS

Varieties recommended. The following varieties of trees are recommended for front yard planting: Norway Maples

Cleveland Maple (Acer platanoides Cleveland)

Irish Maple (Acer platanoides Irish)

Almira Maple (Acer platanoides Almira)

Upright Maple (Acer platanoides ascendens)

Globe-head Maple (Acer platanoides globosum)

Schwedler Maple (Acer p!atanoides schwedleri)

Summer Shade Maple (Acer platanoides Summershade)

Crimson King Maple (Acer platanoides Crimson King)

Red Maples

Tilford Maple (Acer rubrum Tilford)

Armstrong Red Maple (Acer rubrum Armstrong)

Bowhall Red Maple (Acer rubrum Bowhall)

Elms

Japanese Keaki or Zelkova (Zelkova serrata)

Buisman Elm (Ulmus carpinifolla Buisman)

Small Trees

Little Leaf Linden (Tilia cordata)

White Bean Mountain Ash (Sorbus aria lutescens)

Chinese Cork Tree (Pellodendron amurense)

Golden Rain (Koelreuteria paniculata)

"Kwanzan" Japanese Flowering Cherry (Prunus serrulata Kwanzan)

Flowering Ash (Fraxinus ornus)

Locust

Globe Locust (Robina pseudo-acacia umbraculifer)

Thornless Honey Locust (Gleditsia)

Shademaster Locust (Gleditsia triacanthos inermis Shademaster)

Sunburst Locust (Gleditsia triacanthos inermis aurea)

Moraine Locust (Gleditsia triacanthos inermis Moraine)

Small Flowering Trees

American Hop Hornbean (Ostrya virginiana)

Ruby Red Horse Chestnut (Aesculus briotti)

Lavalle Hawthorn (Crataegus lavallei)

Paul's Scarlet Hawthorn (Crataegus oxyacantha Pauli)

Double White English Hawthorn (Crataegus oxyacantha albi-plena)

European Mountain Ash (Sorbus aucupatia)

Flowering Crabapple (Malus species)

Eley Crab (Malus)

Fruitless Mulberry (Morus alba Kingan)

Idaho Locust (Robina hispida)

Wheatly Elm (Ulmus carpinifolia sarniensis)

Flowering Peaches (Prunus persica)

Larger Trees

Upright Beech (Fagus sylvatica Dawyck)

European Beech (Fagus sylvatica)

Miscellaneous

Columnar White Birch (Batula pendula fastigiata)

Clump Birch (Batula pendula)

European Birch (Batula pendula)

Upright American Linden (Tilia americana pyramidalis)

Saw Tooth Oak (Quercus acutissima)

Shingle Oak (Quercus imbricaria)

Sour Wood (Oxydendrum arboreum)

Gingko {Gingko Biloba)

London Plane (Platanus x acerifolia)

Katsura (Ceridiphyilum japonicum)

Pin Oak (Quercus palustris)

(Ord. No. 2024-1, 10-30-2024)