Landscaping design standards

[Added 11-10-2003 by Ord. No. 2003-15]

A. Purpose and objectives. The purpose of this section is to promote and protect public health, safety, general welfare, and amenity. Effective site planning, development design, and landscaping can accomplish the following objectives:
- (1) Promote the most desirable use of land and arrangement of development in the Town and preserve the value of land and buildings, thereby protecting the Town's tax revenues;
- (2) Improve the physical environment through the provision of amenities such as open space; street trees, and live vegetation;
- (3) Preserve the character and scale of existing development and control new development in conformity with the existing character of the area;
- (4) Provide a transition between and a reduction in the environmental, aesthetic, and other impacts of one type of land use upon another, specifically when commercial/industrial developments abut or are near residential areas;
- (5) Promote safe and efficient pedestrian and traffic circulation patterns;
- (6) Lessen the transmission of noise, dust, pollution and glare from one lot to another;
- (7) Improve air quality through production of oxygen and reduction of dangerous carbon monoxide;
- (8) Through shading, provide cooling of air and land to offset radiational heating;
- (9) Minimize the negative impacts of stormwater runoff to enhance and protect surface and groundwater quality, and promote effective flood control and management;
- (10) Control damaging impacts of sheet runoff and resultant surface water contamination;
- (11) Through vegetative root systems, stabilize groundwater tables and play an important and effective part in soil conservation, erosion control, flood control, and absorption of pollutants.
B. Landscaping standards.
- (1) General requirements.
  - (a) Landscaping shall be provided as part of site plan design for all industrial, commercial, business, planned development, and multifamily zones and uses. It shall be conceived in a total pattern throughout the site, integrating various elements of site design, preserving and enhancing the particular identity of the site where appropriate. Landscaping shall constitute a minimum of 15% of the entire site.
  - (b) The Planning Board shall review and approve landscape designs and plans for all properties where one acre or more will be disturbed.
  - (c) The Town Planner, Town Engineer, and Building Official shall comprise a Landscape Review Committee. The Committee shall review all landscape designs and plans for properties less than one acre, shall review, comment, and forward recommendations to the Planning Board for all projects one acre or over, and shall supervise the installation of all landscape designs and improvements approved by the Planning Board or the Landscape Review Committee.
  - (d) Should the Landscape Review Committee determine that a site needs Planning Board review due to the specific situation of the development project or if the project and/or its impact(s) is integral to the development of an abutting or nearby project development and/or site, the project will be forwarded to the Board for review and recommendation, or review and approval, as necessary.
  - (e) Landscaping may include plant materials such as trees, shrubs, ground covers, perennials, and annuals, and other materials such as rocks, water, sculpture, art walls, fences, and street furniture. The square footage of surface area on walls, fences, and street furniture, however, shall not contribute in any manner to and shall not be included in the calculation and determination for meeting the minimum landscape requirements.
  - (f) Soil erosion plan. A soil erosion plan for construction and installation of temporary and permanent soil erosion and sediment control measures shall be prepared by an appropriate certified professional, submitted to the Building Department for determination of applicability, and reviewed/approved by the Building Official before any land disturbance occurs. Said plan shall be in conformance with any and all landscape plans approved pursuant to the provisions of this section.
- (2) Site protection and general planting requirements.
  - (a) Topsoil preservation. Topsoil moved during the course of construction shall be retained and redistributed within the site in accordance with the approved landscape plan.
  - (b) Site disturbance. To the maximum extent practicable, the developer shall minimize the areas of the site to be regraded or disturbed. All disturbed areas of the development site shall be immediately stabilized by seeding or planting landscaping materials.
  - (c) Removal of debris. All organic material, rubbish, deleterious materials or debris shall be removed from the site in a timely fashion. Disposal of cleared or grubbed and stripped materials shall be the responsibility of the developer. All roots, stumps, brush, foliage and other vegetation shall be removed and disposed of by the developer off the project site. This requirement may be modified by the Planning Board or the Landscape Review Committee, at the Planning Board's direction, for the disposal of organic materials only, where the applicant satisfactorily demonstrates that such materials will be disposed of on-site in such a manner that there will be no potential for subsidence to occur on the site in the future and that such organic material does not harbor disease or pests which may adversely affect plantings or buildings on the site.
  - (d) Protection of existing planting. Maximum effort should be made to save tree or other plant specimens which are large for their species, rare to the area, or of special horticultural or landscape value. In the event that any such tree or plant specimens are to be removed, they are to be replaced elsewhere on the project site with specimens of a comparable size and type. Such requirement may be waived Planning Board or the Landscape Review Committee, at the Planning Board's direction, where the applicant demonstrates to the satisfaction of the Board or Committee that special site and design conditions so warrant. No material or temporary soil deposits shall be placed within the drip line shrubs or trees designated on the landscape plan to be retained. Protective barriers are to be installed around each plant and/or group of plants that are to remain on the site. Barriers shall not be supported by the plants they are protecting, but shall be self-supporting. They shall be a minimum of four feet high and constructed of durable material that will last until construction is completed. Snow fences and silt fences are examples of acceptable barriers.
- (3) Slope plantings. Landscaping of all cuts and fills and/or terraces shall be sufficient to prevent erosion, and all roadway slopes steeper than one foot vertically to three feet horizontally shall be planted with vegetative ground cover appropriate to the purpose and for soil conditions and environment.
- (4) Additional landscaping. All areas of the site not occupied by buildings and required improvements shall be landscaped by the planting of grass or other vegetative ground cover, shrubs, and trees as part of the approved landscape plan, unless the existing natural landscaping and terrain are to be maintained and otherwise approved by the Planning Board or the Landscape Review Committee, as applicable.
- (5) Planting specifications. Deciduous trees shall have at least a 2 1/2 inch caliper at the time of planting. Such requirement may be modified by the Planning Board and/or Landscape Review Committee, as applicable, where the applicant demonstrates satisfactorily that the type and groupings of the trees require a smaller caliper at the time of planting. Size of evergreens and shrubs shall be allowed to vary depending on setting and type of shrub. Only nursery-grown plant materials shall be acceptable, and all trees, shrubs and ground covers shall be planted according to acceptable horticultural standards. Dead and diseased plants and trees shall be removed and replaced by the owner on at least an annual basis. Failure to properly maintain trees shall result in such work being performed by the Town at the owner's expense.
- (6) Plant species. The plant species selected shall be classified as hardy for the particular climate zone in which the development is located and appropriate in terms of function and size. The applicant is encouraged to select plant species which have minimal requirements for watering and fertilization. In selection of tree types a reference should be made to tree types recommended in the Land Development and Subdivision Review Regulations or of a variety approved by the Landscape Review Committee.
  Editor's Note: See the current Subdivision Regulations on file in the Town offices.
- (7) Shade trees.
  - (a) Location. Shade trees shall be either planted or manicured at intervals of no more than 35 feet along both sides of all new or existing streets abutting a development site in accordance with the approved landscape plan. The Landscape Review Committee may permit spacing of trees at greater intervals where the applicant satisfactorily demonstrates to the Committee that such spacing is necessary for the preservation of large existing trees or other planting of large tree specimens.
  - (b) Tree type. Tree type may vary depending on overall effect desired, but as a general rule, all trees on a street shall be the same kind except to achieve special effects. In selection of tree types, a reference shall be made to the types recommended in Land Development and Subdivision Review Regulations or of a variety approved by the Landscape Review Committee.
    Editor's Note: See the current Subdivision Regulations on file in the Town offices.
  - (c) Planting specifications. Street trees shall have a minimum caliper of 2 1/2 inches at time of planting, and must be nursery-grown, of substantially uniform size and shape and have straight trunks. Street trees, with the exception of ornamental trees, shall have or will have, when fully mature, a minimum caliper of 12 inches. Trees shall be properly planted and staked and provision made by the developer for regular watering and maintenance until they are established. Dead and diseased trees shall be removed and replaced by the owner on at least an annual basis. Failure to properly maintain street trees shall result in such work being performed by the Town at the owner's expense.
- (8) Buffering.
  - (a) Function and materials. Buffering shall provide a year-round visual screen in order to minimize adverse impacts. It may consist of fencing, evergreens, berm, rocks, boulders, mounds, or combinations thereof to achieve the objectives.
  - (b) Buffer required.
    - [1] When required, every development shall provide sufficient buffering when topographical or other barriers do not provide reasonable screening and when the Planning Board or Landscape Review Committee, as applicable, determines that there is a need to:
      - [a] Shield neighboring properties from any adverse external effects of a development; or
      - [b] Shield the development from negative impacts of adjacent uses, particularly in situations where such buffering/screening falls between commercial and residential properties; or
      - [c] Minimize stormwater impacts on flood management and water quality. In high-density developments, when building design and siting do not provide privacy, the Planning Board or Landscape Review Committee, as applicable, may require landscaping, fences, or walls to screen abutters for privacy. Buffers shall be measured from side and rear property lines, excluding driveways.
    - [2] Minimum buffer size required:
      - [a] A five-foot-wide buffer strip of grass or other vegetation is required around the entire perimeter of the site, except for any curb cuts.
      - [b] Where more-intensive land uses abut less-intensive uses, a buffer strip (25 feet) in width shall be required between such uses.
      - [c] Parking lots, garbage collection and utility areas, and loading and unloading areas should be screened around their perimeters by a buffer strip a minimum of five feet wide.
    - [3] Buffer design. Arrangement of plantings in buffers shall provide maximum protection to contiguous properties and avoid damage to existing plant material. Earthen berms may be used in the buffer design, provided side slopes are adequately stabilized by plant materials. Such berms may be used to calculate effective buffer heights.
    - [4] Planting specifications. Plant materials shall be sufficiently large and planted in such a fashion that a year-round effective buffer height of at least eight feet in height shall be produced within three growing seasons. All plantings shall be installed according to accepted horticultural standards.
    - [5] Maintenance. Plantings shall be watered through the first growing season, and dead and dying plants shall be replaced by the applicant during the next planting season. The use of underground sprinkler or drip irrigation systems for landscaped areas is encouraged. No buildings, structures, storage of materials, or parking shall be permitted within the buffer area; buffer areas shall be maintained in a manner commensurate with the approved landscape plan and kept free of all debris, rubbish, weeds, and tall grass.
- (9) Parking area landscaping requirements.
  - (a) Trees shall be planted within the planting strip or in sidewalk areas as may be appropriate, at intervals of no more than 35 feet, and shall have a minimum caliper at time of planting of 2 1/2 inches. The Planning Board or Landscape Review Committee, as applicable, may permit spacing of trees at greater intervals where the applicant demonstrates to the satisfaction of the Planning Board or Landscape Review Committee, as applicable, that such a spacing is necessary for the preservation of large existing trees or the planting of large tree specimens.
  - (b) The interior of parking areas shall be suitably landscaped with trees, shrubs, plants or other live vegetation. In addition to the required buffer strip, a minimum of 10 square feet of landscaping for each parking space shall be provided within any off-street parking area. Each row of parking spaces shall be terminated by landscaped islands which measure not less than five feet in width and not less than 18 feet in length. The interior of the parking area shall incorporate landscaped areas in appropriate locations in order to prevent long, uninterrupted rows of parking spaces. Such landscaped islands may be included in calculating the required landscaped area. Mandatory terminal islands shall be surrounded with continuous raised curbing. Interior islands and divider medians shall be protected from encroachment of motor vehicles in a manner approved by the Planning Board or Landscape Review Committee, as applicable. Pedestrian paths may be incorporated within the landscaped area, provided a minimum dimension of four feet, exclusive of paved areas, is maintained for all landscaped areas.
  - (c) The interior of parking areas shall be shaded by deciduous trees (either retained or planted by the developer) that have or will have when fully mature a trunk of at least 12 inches in diameter. The minimum caliper of new trees at time of planting shall be at least 2 1/2 inches. At maturity, each tree shall be presumed to shade a circular area having a radius of 15 feet with a trunk as the center, and there must be sufficient trees so that, using this standard, 20% of the parking area will be shaded. Trees shall be located so that they are surrounded by at least 100 square feet of unpaved area, which may be counted towards calculating the required landscaped area. Parking areas shall be laid out and detailed to prevent vehicles from striking trees and to provide for the healthy growth of the selected tree species. Vehicles will be presumed to have a body overhang of three feet, six inches.
  - (d) The owner shall be responsible for maintaining the landscaping of a parking area in a neat and attractive manner. Only nursery-grown plant material shall be acceptable, and all plantings shall be installed according to accepted horticultural standards. The owner shall be responsible for watering plantings regularly and shall be responsible for removing and replacing all dead or diseased plantings on at least an annual basis. Failure to adequately maintain required plantings may result in the Town performing required maintenance at the expense of the landowner.
- (10) Parking area design standards.
  - (a) All parking areas shall provide the minimum required widths for traffic aisles and driveways as described in the table below. At the discretion of the Town Engineer, the width of the aisles and driveways may be required to be greater than the minimum, should traffic and safety considerations so warrant.
  - (b) Required widths for Parking Area Aisles and Driveways:
    Aisle Width Parking Angle
    (in degrees)
    0 30 45 60 90
    One-way traffic (feet) 13 11 13 18 24
    Two-way traffic (feet) 20 20 21 23 24
- (11) Pedestrian and vehicular circulation. Pedestrian and vehicular circulation areas shall be designed so as to provide safe and efficient traffic flow patterns; conflicts between pedestrian and vehicular traffic shall be minimized by providing physical and visual separation between pedestrian ways and traffic lanes or at crossings of each.
- (12) Signage. The placement of all directional and street level advertising signage shall be subject to the review and approval of the Zoning Board of Review or Town Engineer, as applicable, to ensure that safe and efficient traffic circulation patterns and adequate sight distances will be maintained both within the public-right-of-way and the interior site parking area.
- (13) Paving materials for pedestrian areas. Design and choice of paving materials used in pedestrian areas shall consider such factors as function, climate, characteristics of users, availability, cost, maintenance, glare, drainage, noise, appearance, and compatibility with surroundings. Acceptable materials shall include, but are not limited to, concrete, brick, asphalt, asphaltic pavers, cement pavers, and stone.
- (14) Walls and fences. Walls and fences shall be erected where required for privacy screening, separation, security, erosion control, or to serve other necessary and reasonable functions. The design and materials used shall be functional and compatible with existing and proposed site architecture. No fence or wall shall be so constructed or installed as to constitute a hazard to traffic or safety.
- (15) Street furniture. Street furniture, such as but not limited to trash receptacles, benches, and phone booths, shall be located and sized in accordance with function. The different street furniture components shall be compatible in form, material, and finish. Design and materials shall be coordinated with existing and proposed site architecture. Selection of street furniture shall also take into consideration function, durability, maintenance, and long-term cost.
C. Waivers. The landscaping design standards detailed in the section are to be considered minimum standards and may be waived by the Planning Board or Landscape Review Committee, as applicable, only under extenuating circumstances, providing such waiver does not conflict with the intent of this section, this chapter, the Land Development and Subdivision Review Regulations, or the Comprehensive Plan of the Town of Johnston.
Editor's Note: See the current Subdivision Regulations on file in the Town offices.
D. Site plan submission requirements.
- (1) Plan contents. The contents of the landscape design plan shall include the minimum identification requirements identified in the industrial and business site plan review processes in § 340-27.1 plus the design criteria required to reflect the minimum landscaping standards detailed in this section.
  - (a) Each applicant for site plan review and approval shall file with the Building Official the required application form with all the required signatures, including all owners of record plus the signatures of all applicants and the payment of the required fees.
  - (b) Fifteen copies of a site plan plus 15 eleven-inch-by-seventeen-inch reductions of all plans prepared and stamped by the appropriate licensed professional drawn to show the following:
    - [1] Project title and purpose.
    - [2] Location map with project site clearly delineated at a graphic scale sized approximately one inch equals 1,000 feet.
    - [3] Scale and graphic scale to appear on all pages in plan set.
    - [4] Assessor plat and lot numbers and street address location of project development site.
    - [5] Size of each parcel in the project and total acreage of project site.
    - [6] Name, address, and zip code of all existing property owners of project site by assessor plat and lot number.
    - [7] Name, address, and zip code of the applicant.
    - [8] Street index note block shall be placed left of title block in lower right-hand corner. Said notation shall read, "This Plan is to be indexed under the following streets:" and the names of all pertinent streets on the plan shall be identified.
    - [9] Identification of size of area to be disturbed by project development, size of area already developed, and size of any area which will be enlarged or be added to as the result of modifications to the site.
    - [10] Identification on plan of all abutting tax plats and lots and their corresponding property owners as contained on the latest municipal tax rolls.
    - [11] Name, address, zip code, telephone number, fax number, e-mail address, and original professional stamp, original signature, and certification (as appropriate) of the designer responsible for preparing the proposed plan and design.
    - [12] Name, address, zip code, telephone number, fax number, e-mail address, and original professional stamp/original signature of the professional engineer responsible for preparing the proposed plan and design.
    - [13] Name, address, zip code, telephone number, fax number, e-mail address, original professional stamp/original signature and Class I Certification of the registered land surveyor responsible for preparing the proposed plan and design.
    - [14] Date of original plan, date(s) of all revisions to plan.
    - [15] North arrow (if magnetic north, date required).
    - [16] Existing zoning classification(s) of all property(ies) included in the project proposal and dimensional requirements for all included zoning districts.
    - [17] Location of any existing and proposed buildings or structures on the site and the distance of each from property boundary lines. If there are no existing structures on the property, a notation shall be made to that effect on the plan.
    - [18] Identification of existing and proposed use, occupancy, and general exterior dimensions of all existing and proposed principal and accessory buildings.
    - [19] Delineation of required setback areas for each parcel included in the project proposal.
    - [20] Location, size, composition, height, and purpose of all existing and proposed signs. If there are no existing or proposed signs for the property, a notation shall be made to that effect on the plan.
    - [21] Delineation of proposed outdoor lighting and impacted lighted area. If there is no existing or proposed outdoor lighting for the property, a notation shall be made to that effect on the plan.
    - [22] Identification of size and percentage of each of the following areas: area to be covered by buildings and other impervious surfaces; areas to be hard surfaced or paved. Location and labeling of all impervious surfaces and the nature of the impervious surface.
    - [23] Surveyed location of existing and proposed boundary lines; easements; metes and bounds; rights-of-way, both public and private; driveways and other circulation areas of the property and project including all dimensions and angles. Identification of purpose and a label for each easement and right-of-way shown on the design plans. The Planning Board may require profiles to be prepared for all rights-of-way, driveways, and other circulation areas of the property and project. If there are no existing easements or rights-of-way on the property, notation shall be made to that effect on the plan.
    - [24] Location, widths, and names of all existing and proposed streets abutting the site and within 200 feet of the perimeter of the site; pavement width as well as R-O-W widths shall be identified. The curbline shall be identified, if applicable.
    - [25] Location of existing and proposed monuments. The quantity of proposed monuments to be installed for the project development site will be determined by the Planning Board.
    - [26] Surveyed location of any historic areas, cemeteries, foundations, unusual natural features; natural rock outcroppings. If there are no existing historic areas and the like on the property, a notation shall be made to that effect on the plan.
    - [27] Delineation of actual distance from closest residential properties. If no residential properties exist within 200 feet of property, plan shall identify the distances of the project to the closest residential properties.
    - [28] Location of percolation test holes and/or groundwater determination test holes, if applicable.
    - [29] Surveyed location and sizes of existing and proposed sewer lines and main, water lines and mains, culverts, leach fields, septic systems, and other underground structures integral and within 200 feet of site.
    - [30] Location of all existing and proposed parking areas, driveways, loading spaces and areas, stacking areas, and property access areas; location, arrangement, and dimensions of existing and proposed off-street parking spaces and required handicapped spaces; location of existing and proposed sidewalks, pedestrian traffic areas, curbing/curblines. Surface area material composition shall be identified.
    - [31] Location, height, and materials of existing and proposed walls, fences, screen plantings, and other landscaping features and ground cover. Delineation of landscape buffers and materials between unrelated uses shall also be shown. Landscaping shall conform at a minimum to the landscaping provisions required in this chapter. A specification shall be provided covering the planting and maintenance for a period of two years for all street trees, site plantings, buffer vegetation, ground cover, etc.
    - [32] Location of freshwater wetlands, lakes, ponds, watercourses, proposed and/or existing detention/retention ponds and basins and drainage structures, and required buffer areas, and labeling of exact designation of each; location of floodplains and floodways and required buffer areas. If none of the areas exist on the property, a notation shall be made to that effect on the plan.
    - [33] Delineation and designation of soils on the site as defined by USDA Soils Conservation Service shall be approximately located on the plan.
    - [34] Surveyed topography of existing and proposed property contours and grades at two-foot intervals, including proposed finished grades, slopes, banks, and ditches shall be shown on the plan; identification of average slope of property(ies) before and after development.
    - [35] Location of proposed temporary and permanent soil erosion and sediment control measures shall be shown on plan with construction details provided for same.
    - [36] Location of and proposed details for detention basins and other drainage structures, including but not limited to wall and floor elevations, capacity, fencing, plantings, shall be provided on plan.
    - [37] Any additional information deemed necessary by the Planning Board and/or Landscape Review Committee.
- (2) Additional documentation, 15 copies of each document to be provided:
  - (a) Drainage plan and calculations for project development. Drainage plan, calculations, and narrative report for the development and the areas downstream of development and an engineering analysis of the drainage system as existing and proposed.
  - (b) Building elevations for all structures, both principal and accessory; all views and the footprint of each structure shall be provided.
  - (c) Timetable for construction shall be identified.
  - (d) List of all property owners, their addresses, and zip codes, assessor plat and lot number, within 200 feet of the perimeter of property. If fewer than eight different property owners are located within the two-hundred-foot radius; the list shall be extended to five-hundred-foot radius of property. Abutting properties owned by the applicant and existing project property owners shall not be incorporated in determining whether the eight property owners criteria has been met.
  - (e) Composite radius map depicting at least all tax plats and lots of properties within a two-hundred-foot radius of property (five-hundred-foot radius map required if eight or less owners are located within 200 feet of the property perimeter). Abutting properties owned by the applicant and existing project property owners shall not be incorporated in determining whether the eight property owners criteria has been met.
  - (f) RIDEM-approved Soil Suitability Report and/or approved ISDS design(s), as applicable, shall be submitted.
  - (g) Wetlands applicability determination from Rhode Island Department of Environmental Management, Freshwater Wetlands Division (RIDEM), if applicable. If the proposed project development requires a submission to RIDEM, approval of the project proposal shall be withheld until the approved RIDEM plan has been received and the project disturbance areas are found to be in conformance with said RIDEM approval.
  - (h) Traffic study, stamped and signed by the certified Traffic Engineer who prepared the study.
  - (i) Rhode Island Department of Transportation physical alteration permit approval for access to state roads and/or highways, if applicable.
  - (j) Approvals from all utilities relative to capacity available and capability to connect to utility, as applicable (sewer, water, etc.) shall be submitted.
  - (k) Engineering analysis of water system to establish that there will be no decrease in water pressure or supply to surrounding property owners and that there will be an adequate water supply and pressure to each new house in accordance with building code and NFPA requirements.
  - (l) Letter from appropriate water district stating availability of water for connection and sufficient capacity for the intended use of the proposed development (such as residential, business, industrial, commercial) and certification relative to the amount of water flow/pressure as designed by the applicant. Water pressure shall be sufficient enough to comply with NFPA fire safety standards, if applicable.
  - (m) Letter from appropriate sewer district stating availability for connection and sufficient capacity for public sewers, if applicable.
  - (n) Any approvals required from any other jurisdiction, such as, Rhode Island Department of Transportation (RIDOT), Rhode Island Department of Environmental Management (RIDEM), Narragansett Bay Commission (NBC), Providence Water Supply Board (PWSB), and the like.
  - (o) Fire Department approval of location of proposed fire hydrants, holding cisterns, dry piping, circulation and/or cul-de-sac design acceptability, etc., if applicable.
  - (p) Proposed easements and quit-claim deeds for streets and other rights-of-way and restrictions and covenants which shall be filed with the development at the time of recording.
  - (q) Proposal for perpetual care of any cemeteries on the site.
  - (r) Proposed schedule or timetable for completion of the proposed infrastructure and road improvements, construction of site improvements, structures, and any other proposed development of the property.
  - (s) Letter of approval of proposed street names, public and/or private, from the Fire Department and the Planning Department.
  - (t) Letter of approval of street and traffic control sign locations from the Police Department and Public Works Director.
  - (u) Performance bond proposal. This chapter requires a performance bond in an amount sufficient to cover the cost of all improvements in the approved site plan. Applicant shall propose form of performance bond to be offered. Approval of the amount and form of the bond shall be approved by the Planning Board.
  - (v) Tax Collector's certificate for payment of taxes for last five years.
  - (w) Such additional information as may be determined to be required to enable the Planning Board and/or Landscape Review Committee to determine compliance with this chapter.
E. Action on commercial and/or business site plans.
- (1) Within 10 days of the Building Official's receipt of a site plan and required materials for commercial and/or business use, said documents shall be referred to the Planning Board for review. Within 21 days of receipts of these materials the Planning Board Administrative Officer shall determine if the submitted materials are complete in accordance with the provisions of this section. If a submittal is determined to be incomplete, the resubmission of said materials shall begin a new review period timeframe. A determination of completeness shall be made by the Administrative Officer before a public hearing shall be scheduled for the Planning Board's next regular or special meeting which complies with the adherence to the required notices as provided in this subsection.
- (2) At least 14 days prior to the hearing, the Planning Board shall send written notice of the time and place of such hearing, by certified mail, to the applicant and to all persons owning land in accordance with the notice requirements for a variance as identified in this chapter. The Planning Board shall also publish, in a newspaper of general circulation in the Town of Johnston, a notice of said hearing, at least 14 days prior to the hearing. The cost of all notifications, printing, mailing, and advertising shall be borne by the applicant.
- (3) The Planning Board may, within five days of receipt of the site plan application, transmit copies of the application to other agencies and departments of the Town for review and comment if the Planning Board is of the opinion such review will assist in its deliberations. The Planning Board shall not make a finding and determination upon an application until it has received a report from an agency/department to which the application has been referred, or until 21 days shall have elapsed since the transmittal of said copies of the application and site plan to other agencies/departments without such report being submitted. Failure of an agency/department to report within the allotted time shall be interpreted as non-opposition to the site plan.
- (4) The Planning Board shall review the site plan for compliance with all articles of this chapter. An owner and/or applicant may request the Planning Board to waive any of the requirements referenced in this section. Waivers to this section may be granted by the Planning Board after due review and only under undue hardship pursuant to the relatively small size of the project as proposed or under extenuating circumstances, providing such waiver or waivers do not conflict with the intent of this chapter, the Land Development and Subdivision Review Regulations, or the Comprehensive Plan. The Planning Board shall approve, subject to modifications, or disapprove the site plan within 45 days from the date the public hearing was closed, unless the Planning Board and the applicant mutually agree to an extension of time.
  Editor's Note: See the current Subdivision Regulations on file in the Town offices.
- (5) The decision of the Planning Board shall be transmitted to the applicant and the Building Official, and shall consist of either:
  - (a) A written finding that the development will be consistent with the guidelines for review set forth below in this section; or
  - (b) A written denial of the application stating the reasons for such denial, and which shall include a statement of the respect in which any elements in the particular features of the proposal are deemed to be inconsistent with the guidelines for review set forth below in this section; or
  - (c) A written finding and determination, subject to such reasonable mitigating conditions, modifications and restrictions set forth therein as the Planning Board may deem necessary to ensure that the proposed development achieves consistency with the guidelines for review established in this section.
F. Guarantee. The applicant shall post a performance bond for 100% cost of all improvements of a form approved by the Planning Board or Landscape Review Committee, as applicable, which shall be maintained for a period of two years after the completion of all required improvements pursuant to the approved landscape plan. Should any of the plantings or improvements fail during this time period, the plantings and/or improvements shall be replaced by the developer.

Aisle Width	Parking Angle (in degrees)
	0	30	45	60	90
One-way traffic (feet)	13	11	13	18	24
Two-way traffic (feet)	20	20	21	23	24