Procedure and applications
(a) Prior to the submission of a formal application for the development and design of a parcel or parcels, developers are encouraged to meet with the executive director on an informal basis to discuss the submittal requirements, performance standards for the waterfront district, the site development criteria and the commission's review process. Pre-application workshops are required, and shall include the review of the city zoning officer.
(b) Process.
(1) Before any structure may be erected, constructed, altered, repaired or demolished within the waterfront district, and prior to submitting an application, the person proposing such construction or other alteration shall meet with the executive director and city staff, including the planning director, DPW director, and fire chief for a pre-application meeting. This staff-level meeting shall be held prior to meeting with the design review committee of the commission in a series of design workshops to review and revise the project for conformance to these regulations.
(2) Before any structure may be erected, constructed, altered, repaired or demolished within the waterfront district, and following the design workshops, the person proposing such construction or other alteration shall file with the commission such application for permission to erect, construct, alter, repair or demolish such structure, together with such plans and specifications as the commission may reasonably require as a result of the design review process.
(3) The application for a permit shall be submitted in a format required by the commission and containing such information, drawings, plans and specifications as specifically requested and any additional information that the commission may reasonably request. Each application shall specifically include a statement describing how the proposed site plan and building design meet the spirit and intent of these regulations and the East Providence Waterfront Special Development District Plan. All plans submitted as part of the application package shall be stamped by the appropriate licensed professional in accordance with state law.
(4) If the commission shall fail to act on an application, which is complete in form and substance, within 40 days from the date of filing, the application shall be deemed to constitute approval unless the commission and the applicant shall mutually agree upon an extension of time in which the commission may make its decision, or unless the commission shall make a finding of fact that circumstances require additional time for study, in either case up to a maximum of 90 days. Said mutual extension of time or said finding of fact shall be in writing and signed by a designated representative of the commission and by the party in interest. Such presumptive approval, should it occur, shall not, however, automatically also be deemed in conformance with applicable municipal, state and/or federal agency requirements, i.e., CRMC, ACO, etc. if in their respective jurisdiction(s). Additional approvals may be required from these agencies.
(5) The design review committee shall to the extent practicable incorporate the findings, policies and regulations of the Coastal Resources Management Program in order to foster the best design and the smoothest decision-making process. Applicants shall be advised of the likely need for a CRMC assent and strongly encouraged to address the respective requirements.
(c) Submittal requirements.
(1) The applicant shall file with the commission (number to be determined) copies each of the application and documentation related to the project. The application and plans must be accompanied by the required filing fee, as approved by the commission and may be amended from time to time. The application should also include any supporting documentation as determined in the preapplication conference with the executive director or the workshops with the design review committee.
(2) The applicant shall include a brief description of the project, including the project names, a summary of uses, size of buildings, square footage by use, total number of parking spaces, and a listing of public amenities. The description must include certification from the applicant's architect that the project complies with the intent of these regulations. If the project does not comply with the site development criteria contained within these regulations, or with the city zoning ordinance, a fully documented explanation of the requested deviations and/or conditional use provisions must be provided.
(3) A phasing plan, if phasing is required, that includes, in part, the proposed schedule for completion of the development of the entire parcel and justification for the phasing request.
(4) A rendering, showing the project and its relationship to surrounding structures and context shall be included.
(5) A site plan containing the following information:
a. All site plans shall be drawn to a scale of one inch equals 20 feet, one inch equals 40 feet or one inch equals 80 feet, whichever is appropriate to the size of the proposal. All distances shall be in feet and decimals of a foot and all bearings shall be given to the nearest ten seconds. The error of closure shall not exceed one to 10,000. Digitized map data on computer storage mediums (if available) may be submitted in addition to the site plans.
b. A key map, drawn to scale of no less than one inch equals 200 feet, showing the location of the tract with reference to surrounding areas and existing street intersections, and all zoning district boundaries within 500 feet.
c. North arrow, scale of map, assessor's plat information (map, block and parcel), and name, address, license number and seal of the person preparing the site plan.
d. Date of site plan. All revisions must be noted and dated.
e. Name of the proposed development, and the name and address of both the record owner and applicant. If the owner of record is a corporation, the name and address of the president and secretary shall be submitted with the application.
f. The assessor's plat information (map, block and parcel) and names of all owners of record of all properties within 200 feet of the subject property.
g. Boundaries of the property and lines of existing streets, lots, reservation, easements and areas dedicated to public use, including grants, restrictions and rights-of-way. The boundaries of the property shall also be marked in the field by survey flags or some other means acceptable to the commission, to identify limits of the property.
h. Acreage of parcel to the nearest tenth of an acre.
i. The waterfront district zoning boundaries must be shown on the site plan.
j. Zoning data block showing all calculations necessary to develop site and building dimensions based upon the performance standards.
k. All distances as measured along the right-of-way lines of existing streets abutting the property to the nearest intersection with any other public street.
l. Existing contours (with intervals of two feet where slopes are more than three percent but less than 15 percent, and five feet where slopes are 15 percent or more) referred to city datum, are to be indicated by a dashed line. Where any changes in contours are proposed, finished grades must be shown as solid lines. Spot evaluations must also be shown.
m. Location of existing environmental features including general soil types, rock outcrops, wooded areas and major trees (12-inch caliper and over), watercourses, depressions, ponds, marshes, wetlands, floodplains, and other significant environmental features including previous flood elevation of watercourses, ponds and marsh areas as determined by survey. If any portion of the proposed development is located within a flood hazard area as defined in section 19-306 of the city zoning ordinance, base flood elevation data must be provided.
n. Location and spot elevations of existing buildings, which shall remain and all other existing structures such as walls, fences, culverts, bridges, roadways, etc. Structures to be removed shall be indicated by dashed lines.
o. A place for the signature of the commission members must be provided on all plans and/or documents to be approved by the commission.
p. The proposed use or uses of land, buildings, structures, and equipment and the proposed location of buildings, structures and equipment including proposed grades. Such features must be indicated on a separate drawing where required by the building inspector. Floor space of all buildings shall also be indicated.
q. The location, type and density of land use to be allocated to parts of the site to be developed.
r. Layout, floor plans, architectural elevations, (with measurements as needed for each interpretation) and height (including relationship to existing and proposed grades) of proposed buildings, structures or equipment. Exterior elevations must include articulation of entries and rooflines and any roof structures.
s. Samples and descriptions of building materials to be used for all facades, roofs and architectural elements.
t. Sketches as needed to illustrate the visual impact on the community, with emphasis given to preserving and protecting view corridors to and from the waterfront.
u. Location, size, sketch and illumination, if any, of proposed signs.
v. 1. A drainage plan that incorporates the change in land use and routes stormflow through the site to meet requirements set by the city shall be submitted. The drainage plan shall consist of a plan showing existing and proposed drainage structures, drainage basin areas and drainage flow paths. Also included shall be a report summarizing drainage calculations. The rational method, SCS TR55 or method approved by the city engineer shall be used for runoff calculations. The design storm condition shall be one with a 25-year return period. Where use of aboveground or underground retention or detention basis is proposed, the 25-year design storm shall be used in design calculations, unless such detention or retention system is located in a special flood hazard zone, in which case a 100-year design storm shall be used. Calculations shall include predevelopment and post development conditions. Redevelopment runoff rates based on assumption of vacant land site conditions from the proposed site shall be maintained unless approved by the commission. The drainage plan shall address potential impacts on downstream properties based on a 25-year storm.
Off-site analysis of runoff shall be included in the drainage plan when applicable. All drainage structures shall conform to the standard specification of the city and subject to approval of the city engineer.
For all retention or detention basins, whether aboveground or underground, percolation tests or test pits shall be performed at the proposed site of the basin. This information will determine the suitability of the subsurface to accommodate the designed basin.
2. Location of all existing and proposed sanitary sewers, water mains and other utilities, whether publicly or privately owned, above or underground showing pipe sizes, grades and directions of flow. All proposed sanitary sewers, water mains and other utilities shall conform to the applicable requirements and standards of the city and the appropriate utility.
w. The proposed location, direction of illumination, power and time of proposed outdoor lighting, and the location of any outdoor storage areas and dumpsters.
x. The proposed screening and landscaping plan, as well as all other landscaping materials and treatments such as paving, lighting and street furniture. Such plan shall indicate the location, type and size of all plantings, both at time of planting and at maturity. The plan shall be prepared by a registered landscape architect unless such requirement is specifically waived by the commission.
y. All means of vehicular access to and from the site onto public streets showing the size and location of driveways, curb cuts, parking and loading areas, and other off-site traffic improvements necessary to ensure public safety.
z. All proposed streets with profiles indicating grading, and cross sections showing width of roadway and location and width of sidewalks. All proposed improvements must be designed and constructed according to the standards and specifications of the city.
aa. Such other information as may be required to show that the details of the site plan are in accordance with this section and all applicable requirements and standards of this article.
(d) Supporting documentation.
(1) An impact assessment shall be prepared in support of all applications, except that the commission, as part of a preapplication review, may decide that the project is not of a size or nature requiring an impact assessment or may scope an impact assessment focusing on one or more significant impacts. Where the project will involve obtaining a CRMC assent, the applicant will be encouraged to integrate documentation. Such a decision regarding the scope of the impact assessment shall be rendered within one week of the preapplication conference. The commission shall provide the applicant with written justification as to why each element of the impact assessment is being required and will coordinate with the CRMC to consolidate information requirements to the greatest practicable extent.
The impact assessment must be prepared by recognized professionals; the names, education, disciplines and experience of whom shall be included in the report.
The assessment will include an evaluation of all influences, both positive and negative, which can be expected to affect the natural and manmade environment in the vicinity of the proposed project, or will demonstrate the lack of any such impact. Both direct and indirect impacts shall be evaluated. A traffic impact study, as described below, must be included as part of the impact assessment. Other impacts which shall be considered as part of the impact assessment are environmental, waterfront protection and access, scenic, view corridor protection, use-compatibility, noise, air quality and similar such items.
Methods designed to mitigate, and where appropriate, monitor the impacts shall be proposed; the party responsible for implementing the mitigation and monitoring shall be identified. The commission may require the applicant to pay the reasonable costs of such consultants as the commission may deem reasonably necessary to assist in the evaluation of the impact assessment. The consultant shall be selected only after consultation with the applicant, and only upon the joint review and approval of the experience and qualification of the consultant, and joint review and approval of the proposed scope of work and cost estimate. A written report of such consultant review shall be provided to the commission and the applicant.
To provide assurances that performance standards are not to be exceeded, the commission may require, as a condition of the plan approval, that independent environmental monitoring be conducted periodically; the commission shall approve the monitoring firm and such monitoring will be supervised by the commission and carried out at the expense of the applicant. The applicant, as part of its application, shall propose appropriate monitoring activities consistent with the foregoing.
It is suggested that an outline of the impact assessment be submitted for review during the preapplication meeting.
(2) A traffic impact study (TIS) analyzing both on-site and off-site conditions as they affect surrounding areas. The TIS shall be prepared by a firm that is licensed to do work as an engineer in the state. The purpose of a TIS is to review impacts of the proposed development on the local and state highways system. The evaluation should consider traffic capacity, signalization and safety issues. This report will be used to determine the needed improvements in the vicinity of the site access and provide data to the commission, the city and RIDOT on what off-site improvements need to be considered.
The following are intended as guidelines for preparing a traffic impact report for developments within the waterfront development districts.
A TIS may be required for any development that generates more than 50 peak hour trips. For any TIS prepared as a requirement of these guidelines, with a lower threshold, the report will conform to these guidelines.
Once it is determined that an impact study is required, a scoping meeting may be held with the developer or his consultant and the appropriate representatives of the city and or commission. It will be the responsibility of the consultant to initiate this meeting, working through these development requirements. The purpose of this meeting is to discuss site specific information concerning the development. All interested parties should receive copies of the minutes from this meeting.
The study area should generally be in accordance with generally accepted practices for traffic impact studies; however, in all cases the network should be analyzed to the nearest signalized public street intersection in all directions from each access point; generally not greater than one mile from the access point(s).
An impact study report should include the following information:
a. Table of contents.
b. Introduction with and explanation of the project, purpose of the report, and an area map showing site location.
c. A description of existing conditions, including traffic counts and analysis, and sketches of existing roadway configurations.
d. Background conditions without site development, including annual growth in traffic to build year, if appropriate, Traffic generated by other approved developments, and a background analysis (with background traffic equal to existing traffic plus growth in existing traffic and that of other approved developments in the area), and background analysis with approved/funded highway projects.
e. Projected conditions, with development of the site, including: traffic generated by the proposed development (i.e. site generated traffic) at build out, and/or at any significant stage of development, total traffic analysis (where total traffic is equal to existing traffic plus background growth plus additional approved development in the area and proposed site generated traffic; and, an analysis of total traffic with improvements.
f. Conclusions/Recommendations that explain the results of analysis, and consultant/developer or RIDOT suggestions for reasonable improvements to mitigate the site traffic impacts (The level-of-service (LOS) standard that should be achieved at state intersections is "D.")
g. Appendix, including all work sheets, traffic counts and pertinent correspondence.
The following is a more detailed explanation of the various aspects involved in preparing the report:
a. Existing traffic shall include traffic counts performed at each intersection to be analyzed, if current turning movement counts are not available. The most recent traffic volume counts, whether by RIDOT, consultant or the city, may be used for the study. Counts should, as a rule, not be more than one year old from when the report is prepared. Counts between one and three years old may be used if factored to the current year. Counts older than three years will not be accepted.
Peak hour counts are acceptable at intersections, generally from 7:00 to 9:00 a.m. and from 4:00 to 6:00 p.m.
Counts are not to be taken on state or federal holidays.
The presence of schools in the area must be considered when determining the date of counts.
b. Analysis of all intersections will be analyzed using the Highway Capacity Manual (HCM) at the most up to date version at the time.
c. Trip generation and distribution should use local trip generation rates. If local rates are not available, the latest ITE trip generation rates should be used. In the event ITE does not address the development, or is of a limited sample size, studies of similar uses may be used. Documentation of these studies should be submitted for verification. There must be some discussion of the assumptions behind the distribution of generated trips (both for the site and other approved developments in the area). The methodology to be used should be discussed at the scoping meeting.
d. Growth in existing traffic. Growth in existing traffic is described as a factor representative of travel growth outside the study area. This factor should be applied to the existing through traffic, and appropriate turning movements, before approved development traffic is applied. The volume should be compounded to the reasonable build out years, typically 3—10 years, depending on the build out schedule. For developments with a build out of less than 3 years, growth in existing traffic need not be applied. If the city does not require growth in existing traffic, then this factor should not be applied.
e. Approved development traffic. Approved development traffic is described as traffic generated by all approved developments within the area at the time of the report preparation. These sites can be obtained from the city and should be documented in the TIS.
f. Background analysis. Background analysis includes existing traffic, plus growth in existing traffic, plus approved development. This analysis should take into consideration all transportation improvements expected to be in place within the study area. These improvements should include those which are already programmed or bonded by the state, the city or developer(s). These improvements should be documented in the TIS.
g. Projected conditions shall include traffic which will be generated by the development and total traffic calculated after the site traffic is projected. After total traffic is developed, an analysis of traffic operations, with projected future roadway improvements in place (i.e. improvements addressed in the background analysis), is to be performed.
After the analysis of total traffic is completed, all intersections and/or links within the study area resulting in a level-of-service worse than "D" must be identified and improvement(s) recommended.
h. Conclusions/recommendations should identify any improvement suggested as being implemented by "others" and should indicate by whom. If the improvements are funded by a public agency (i.e. the RIDOT), then a copy of the page from the appropriate document should be included in the report. If funded by another developer, then documentation should likewise be included.
There must be some discussion of the feasibility of constructing any recommended improvements. While detailed construction plans are not expected, some discussion of any obvious constraints is necessary.
Consideration should be given to providing improvements at locations that experience a significant decrease in capacity due to the proposed development. A final analysis of the study area must be performed to include any recommended improvements. If a traffic signal is to be proposed, then a signal warrant analysis must be performed in accordance with RIDOT's warrant analysis procedures, and included in the report. After review of this analysis, RIDOT may require additional study, including exploring other alternatives to signalization, before reaching a final determination on the need for a signal.
The report should include a discussion of the improvements that the developer will construct and/or fund as part of the, development proposal.
(3) The location and size of any common or public open space, including public access to and along the waterfront, and the form of organization proposed to own and maintain any common or public open space areas. The proposed organization shall include provisions which recognize the right of the commission or the city to enforce the maintenance of common open space in reasonable order and condition and to assess the property owners for the cost of such maintenance in the event of the failure of the organization to maintain the common open space. Such assessment shall become a lien on the properties. This will be carried out in conjunction with Rhode Island Coastal Resources Management Council policies and decisions on public access and rights-of-way to the shore.
(4) A copy of any covenants, deed restrictions or conditional provisions that are intended to cover all or any part of the tract.
(5) A survey prepared by a licensed professional land surveyor in accordance with the Procedural and Technical Standards for the Practice of Land Surveying in the State of Rhode Island and Providence Plantations shall accompany the site plan and shall show the boundaries of the parcel and the limits of all proposed streets, recreation areas, and other property to be dedicated to public use. Appropriate assurances shall be provided by the applicant to the commission indicating that all private roads and other applicable facilities will be maintained, and other supplementary services will be provided by the applicant or successors and assigns.
(Ch. 317, § I, 3-2-04; Ch. 738, § IV, 5-21-19)