Subdivision Regulations

The Planning Board of the Town of Middletown, Rhode Island, in accordance with the authority vested in the Town Of Middletown by Title 45, Chapter 23 of the General Laws of Rhode Island, 1992, as amended, and in accordance with an ordinance entitled “An Ordinance Authorizing and Empowering the Planning Board to Adopt, Modify and Amend Rules and Regulations Governing the Restricting the Platting or Other Subdivision of Land” passed at a meeting of the Town Council of said Town Of Middletown, duly held on February 17, 1969, does hereby declare its intention to exercise the power granted to it, and hereby adopts the following Rules and Regulations.

These Rules and Regulations are declared effective as of December 13, 1995 and supersede all previous Rules and Regulations Regarding the Platting or Other Subdivisions or Development of Land.

These Rules and Regulations Regarding the Subdivision and Development of Land are designed to:

1. Provide for the orderly, thorough and expeditious review and approval of land developments and subdivisions;

2. Promote high quality and appropriate design and construction of land developments and subdivisions;

3. Make adequate provisions for traffic to facilitate traffic flow and lessen traffic accidents;

4. Furnish guidance for the wise and efficient expenditures of funds for public works and to facilitate adequate, efficient and economic provisions for transportation, water supply, sewage, storm drainage, recreation and other public utilities and requisites.

5. Promote 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;

6. Promote 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;

7. Encourage local design and improvement standards to reflect the intent of the Comprehensive Community Plans and the Zoning Ordinance with regard to the physical character of the various neighborhoods and districts of the Town;

8. Promote thorough technical review of all proposed land developments and subdivisions by appropriate local officials;

9. Encourage local requirements for 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

10. Encourage the establishment and consistent application of procedures for local record-keeping on all matters of land development and subdivision review, approval and construction.

11. Further implementation of the goals and policies of applicable elements of the Comprehensive Community Plan.

The Middletown Planning Board finds that in most circumstances conservation development fulfills the above stated goals to a greater extent than conventional development, as conservation development is designed to:

1. Encourage the preservation of open space for its scenic beauty and the appropriate use thereof.

2. Preserve historical and archeological resources.

3. To protect natural resources, including but not limited to those containing woodlands, unique vegetation, streams, floodplains, wetlands, recharge areas, agricultural lands, wellheads, and vernal pools, by setting them aside from development.

4. Protect the value of real property.

5. Promote more sensitive siting of buildings and roads, and better overall site planning.

6. To provide a buffer between new development and existing streets, neighborhoods, active farmland, and adjacent park or conservation land.

7. Perpetuate the appearance of Middletown's traditional rural/agricultural landscape.

8. Allow landowners a reasonable return on their investment while also reducing the infrastructure costs for development.

9. Facilitate the construction and maintenance of streets, utilities, and public services in a more economical and efficient manner.

10. Offer an alternative to conventional subdivision and land development patterns.

11. To provide for a diversity of lot sizes, building densities, and housing choices to accommodate a variety of age and income groups, and residential preferences, so that the population diversity of the community may be maintained.

12. To create neighborhoods with direct visual and/or physical access to open land, with amenities in the form of neighborhood open space, and with a strong neighborhood identity.

13. To implement adopted land use, transportation and community service policies, as set forth in the Comprehensive Plan.

As used in these Rules and Regulations, the following definitions shall apply 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,” section 45-22.2-4, or the “Zoning Enabling Act of 1991,” section 45-24-31, they shall have the meanings stated therein. In addition, the following words or phrases shall have the following meanings.

Abutter. One whose property abuts, that is, adjoins at a border, boundary, or point with no intervening land, or being separated from such a common border by a right-of-way, alley, or easement.

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. For purposes of these Rules and Regulations, the Town Planner is designated as the Administrative Officer.

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 lots.

Applicant. The applicant for subdivision approval by the Planning Board, which also includes his/her authorized agents or representatives. For purposes of these Rules and Regulations, the terms applicant, subdivider and developer shall be synonymous.

Base Flood Elevation. The water surface elevation of the base flood.

Base Flood. The flood having a one percent chance of being equaled or exceeded in any given year; i.e., flood resulting from a 100-year frequency storm.

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. See R.I.G.L. 45-23-57.

Bond. See improvement guarantee.

Buildable lot. A lot where construction for the use(s) permitted on the site under the local 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 R.I.G.L. 45-23-60 (4).

Certificate of completeness. A notice issued by the Administrative Officer informing an applicant that the application is complete and meets the requirements of the municipality's regulations, 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 pre-application meetings and early discussions, and classification of the project within the approval process.

Conservation Development (CSD). A site planning technique which bases the layout of building lots and structures on the natural characteristics of the land and reduces lot sizes so that the remaining land can be used for recreation, common open space, and/or preservation of environmentally, historically and culturally sensitive features and/or structures. The number of developable lots created and the overall development density is no greater than what is permitted under conventional development.

Conservation Development Design Process. The process used to determine the layout of building lots, development, open space, and other improvements in a Conservation Subdivision/Land Development Project. Consists of five steps: 1) Understanding the site, 2) Evaluating Site Context, 3) Designating the Required Open Space, 4) Locating Development Areas, and 5) Drawing in Lot Lines.

Consistency with the comprehensive plan. A requirement of all local land use regulations which means that all these regulations and subsequent actions are in accordance with the public policies arrived at through detailed study and analysis and adopted by the municipality as the comprehensive community plan as specified in R.I.G.L. 45-22.2-3.

Conventional Development. A subdivision or land development project in which an entire parcel of land is typically converted into privately owned building lots and public street rights-of way. Generally, lots are of equal size and spread evenly throughout the parcel with little or no consideration of the natural setting or environmental and cultural features of the land.

Dedication, fee-in-lieu-of. Payments of cash which are authorized in the local regulations when requirements for mandatory dedication of land are not met because of physical conditions of the site or other reasons. The conditions under which the payments will be allowed and all formulas for calculating the amount shall be specified in advance in the local regulations. See R.I.G.L. 45-23-47.

Development. Any made-made change to improved or unimproved real estate; including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operation.

Development plan review. Design or site plan review of a development of a permitted use. A municipality may utilize development plan review under limited circumstances to encourage development to comply with design and/or performance standards of the community under specific and objective guidelines, for the following categories of developments:

(i) Developments specified in Section 306 of the Zoning Ordinance, Chapter 152, or where otherwise called for in the Zoning Ordinance;

(ii) A change in use at the property where no extensive construction of improvements is sought;

(iii) An adaptive reuse project located in a commercial zone where no extensive exterior construction of improvements is sought;

(iv) An adaptive reuse project located in a residential zone which results in less than nine (9) residential units;

(v) Development in a designated urban or growth center; or

(vi) Institutional development for educational or hospital facilities.

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.

Endorsement. The approval of a final subdivision plat by means of signature on final plat drawings by the Chairman of the Planning Board or, in his absence, the Secretary, allowing the recording of the plat in the land evidence records of the Town.

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 or a formal development plan review application.

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 these regulations and/or required by the Planning Board.

Flood area, gross. See R.I. State Building Code.

Flood Plain. The term “flood plain” means that the land area adjacent to a river, stream, Narragansett Bay or other body of flowing or standing water, which is susceptible to being inundated by water from the base flood (100-year flood).

Floodway. The term “floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge a 25-year frequency storm without cumulatively increasing the water surface elevation more than a designated height.

Governing body. The Town Council.

Improvement. Any natural or built item which becomes part of, is placed upon, or as 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 by the Town as a condition of approval, will be completed in compliance with the approved plans and specifications of a development.

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.

Local regulations. The land development and subdivision review regulations adopted under the provisions of R.I.G.L. 45-23. For purposes of clarification, here reference is made to local regulations, it is to be understood as these Rules and Regulations for the Subdivision of Land in the Town Of Middletown, Rhode Island and all related ordinances and rules properly adopted pursuant to R.I.G.L. 45-23.

Maintenance guarantee. Any 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.

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

Major subdivision. A subdivision creating ten (10) or more buildable lots.

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.

Minor land development project. A land development project involving any one of the following categories which has not otherwise been specifically designated by local ordinance as development plan review:

a. Seven thousand five hundred (7,500) gross square feet of floor area of new commercial, manufacturing or industrial development or less; or

b. 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

c. 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.

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

e. Change in use at the property where no extensive construction of improvements are sought.

f. An adaptive reuse project of up to twenty-five thousand (25,000) square feet of gross floor area located in a commercial zone where no extensive exterior construction of improvements is sought.

g. An adaptive reuse project located in a residential zone which results in less than nine (9) residential units.

Minor subdivision. A subdivision of land creating nine (9) or fewer buildable lots.

Modification of requirements. See Section 908.

Open Space. Any parcel or area of land or water set aside, dedicated, designated, or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring

the open space, provided that the area may be improved with only those buildings, structures, streets, and off-street parking, and other improvements that are designed to be incidental to the natural openness of the land.

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 or 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 sections subsequent to approval of a master plan for the entire site. See Section 509 and Section 518.

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 Planning Board of the Town Of Middletown, Rhode Island. Also referred to as the “Board” in these Rules and Regulations.

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 402.

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 and other governmental entity either is presently responsible, or will ultimately assume the responsibility for maintenance and operation upon municipal acceptance.

Riverine. The word “riverine” means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

Significant environmental impacts. Any activity which is likely to permanently or repeatedly degrade or destroy the quality of the air, water, soil, wetlands, or wildlife habitat; or which presents unacceptable risks to the public health.

Site Analysis Map. A map depicting natural, cultural, and recreational resources, as well as topography and infrastructure of the lot or lots being subdivided or developed.

Site Context Map. An aerial photograph showing the area within a one-mile radius of the property and delineating natural, cultural, and recreational resources.

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

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

Street. A public or private thoroughfare used, or intended to be used, for passage or travel by motor vehicles. Streets are further classified by the functions they perform. See street classification.

Street, access to. An adequate and permanent way of entering a lot. All lots of record shall have access to a public street for all vehicles normally associated with the uses permitted for that lot.

Street, alley. A public or private thoroughfare primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.

Street, cul-de-sac. A local street with only one outlet and having an appropriate vehicular turnaround, either temporary or permanent, at the closed end.

Street, limited access highway. A freeway or expressway providing for through traffic. Owners or occupants of abutting property or lands and other persons have no legal right to access, except at the points and in the manner as may be determined by the public authority having jurisdiction over the highway.

Street, private. A thoroughfare established as a separate tract for the benefit of multiple, adjacent properties and meeting specific, municipal improvement standards. This definition does 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. Local classifications shall use the following as major categories:

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

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.

Local. Streets whose primary function is to provide access to abutting properties.

Subdivider. Any persons 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.

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.

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.

Town. The word “Town” shall mean the Town of Middletown, Rhode Island.

Vested rights. The right to initiate or continue to 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.

Yield Plan. Plan of a conventional subdivision or land development used to demonstrate development potential, including the basic number of lots to be allowed in a conservation subdivision plan, based on the zoning and development requirements of the underlying zoning district.

This Article is adopted pursuant to and consistent with the purposes and standards provided in Article 19 of the Zoning Ordinance.

A. When Conservation Development is permitted under the Zoning Ordinance, the applicant for any subdivision/land development project application involving three acres or more of developable land areas shall submit a plan for both a conservation subdivision/land development project (CSD) and a conventional subdivision/development. Conservation subdivision/land development projects involving less than three acres of developable land area are not permitted.

B. Conservation Development plan submission shall not be required for:

1. Administrative subdivisions

2. Subdivisions that create lots that are not for the purpose of present or future development, provided that the lots are preserved in perpetuity as open space.

C. Where a conservation subdivision/land development project plan is submitted, the Planning Board shall have the discretion to consider for approval either the CSD or the conventional plan of development provided that such determination is made at the Master Plan stage of review for all major subdivisions/developments, and prior to Preliminary Plan approval for minor subdivisions. To facilitate a direct comparison of development options, the submitted conservation plan must include the same number of proposed lots/units as the conventional plan. In order to select the conventional plan for approval, rather than the conservation plan, the Board must find that one or more of the following statements is true:

1. Employing conservation development for the subject property would not offer significant public and/or environmental benefits compared to the conventional plan. The board shall consider the plan's ability to address the following purposes for CSD when making this finding:

(A) To encourage the preservation of open space for its scenic beauty and the appropriate use thereof;

(B) To preserve historical and archeological resources;

(C) To protect natural resources, including but not limited to those containing woodlands, unique vegetation, streams, floodplains, wetlands, recharge areas, agricultural lands, wellheads, and vernal pools, by setting them aside from development;

(D) To protect the value of real property;

(E) To promote more sensitive siting of buildings and roads, and better overall site planning;

(F) To provide a buffer between new development and existing streets, neighborhoods active farmland, and adjacent park or conservation land;

(G) To perpetuate the appearance of Middletown's traditional rural/agricultural landscape;

(H) To allow landowners a reasonable return on their investment while also reducing the infrastructure costs for development;

(I) To facilitate the construction and maintenance of streets, utilities, and public services in a more economical and efficient manner;

(J) To offer an alternative to conventional subdivision development;

(K) To provide for a diversity of lot sizes, building densities, and housing choices to accommodate a variety of age and income groups, and residential preferences, so that the population diversity of the community may be maintained;

(L) To create neighborhoods with direct visual and/or physical access to open land, with amenities in the form of neighborhood open space, and with a strong neighborhood identity;

(M) To implement adopted land use, transportation and community service policies, as set forth in the Comprehensive Plan.

2. Compared to the conventional plan, employing conservation development for the subject property would cause a nuisance to neighboring uses, and would be detrimental to the appropriate use of neighboring properties.

3. Compared to the conventional plan, employing conservation development for the subject property will not result in the protection of the unique natural features of the land, provide environmental benefits, such as reduced storm water runoff, or reduce infrastructure construction and maintenance costs.

4. The conservation plan would not create a neighborhood with direct visual and/or physical access to the protected open space.

Applications for CSD approval shall be made in accordance with procedures for approval of a major or minor subdivision or land development project based on the number of lots or dwellings in the development as provided in Section 403 of these Regulations. Applicants are required to submit both a conservation and conventional design plan. The submitted conservation plan must include the same number of proposed lots/units as the conventional plan. In addition, applicants shall:

A. Schedule a pre-application meeting.

B. Submit all Conservation Development materials listed in Appendix A.

C. Provide the information used to determine the basic number of lots/units.

D. For the conservation plan, demonstrate to the Planning Board that the Conservation Development Design Process was used in siting open space.

E. For the conventional design plan, demonstrate to the Planning Board that the lots as depicted on the conventional plan are capable of supporting the proposed development given any land development constraints.

A. The design of a Conservation Development shall follow the design process specified in Appendix C - Conservation Development Design Process. As a guide in designing Conservation Developments, applicants are encouraged to review the provisions of the Rhode Island Conservation Development Manual, RIDEM, June 2003 (as amended), in the preparation of plans. The maps illustrated in this manual provide graphic examples of what is required of applicants.

B. Applicants shall demonstrate to the Planning Board that this design process was considered in determining the layout of proposed streets, building locations, and open space by submitting the following items:

(Minor and Major Subdivision/Land Development Projects)

A. Yield Formula - The basic maximum number of dwelling units to be allowed in a proposed CSD project, regardless of the type of development proposed (i.e. single-family, two-family, or multi-family), shall be determined using the formulas below. Including only developable land area, and excluding land needed to account for roads and irregularities in parcel shape, the formulas determine the basic maximum number of dwelling units in a CSD, depending on the zoning district designation of the subject property:

Results of the formula calculation shall be rounded down to the nearest whole number.

B. Upon completion of its review, the Planning Board shall determine the initial Basic Maximum Number of lots/dwelling units permitted in a development. This initial determination shall be made at the master plan stage of review for major subdivisions and major land development projects, and at the preliminary stage of review for minor subdivisions and minor land development projects. The applicant shall use this initial determination as the basis for submission of more detailed information during subsequent stages of review. Upon further investigation and upon receipt of more detailed soils and environmental information as may be provided in subsequent stages of review, the Planning Board may reduce the number of lots/dwelling units contained in the initial Basic Maximum Number. For all developments, the final Basic Maximum Number shall be established by the Planning Board at the final stage of review.

C. In developments that require alterations to be made to freshwater wetlands, the Board may establish an initial Basic Maximum Number contingent upon confirmation by the RI Department of Environmental Management that such alterations are permitted under the provisions of the Freshwater Wetlands Act.

A. Any person proposing to subdivide or develop any land in the Town Of Middletown shall submit an application to the Planning Board or, in the case of an administrative subdivision, to the Administrative Officer for approval, or for referral to the Planning Board and/or its Technical Review Committee, as appropriate. No plat of a subdivision or development of land in the Town shall be accepted for filing or recording in the land evidence records of the Town until it shall have been approved by the Planning Board or Administrative Officer, and such approval entered in writing on the plat by the Chairman or Secretary of the Board or the Administrative Officer in the case of an administrative subdivision or of a development requiring Development Plan Review ("DPR").

B. Whenever any subdivision of land is proposed, before any development shall take place thereon, before any permit for the erection of a structure shall be granted, and before any lot within said subdivision shall be sold, the owner of said land, or his designated representative, shall apply for and secure approval of such proposed subdivision in accordance with the following procedures.

C. Classification and Certification of Completeness.

1. 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:

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

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

c. Development plan review.

2. Certification of a complete application. 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. Depending on application type, see section 405, 406, 407, or 1005 of these regulations.

A. General

1. Pre-application meetings 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.

2. Pre-application meetings 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 are not considered approval of a project or its elements.

B. Meeting required

1. One or more pre-application meetings shall be held for all major land development or subdivision applications and all minor land development or subdivision applications proposing the creation or extension of a public road.

2. Provided that at least one (1) pre-application meeting has been held for major land development or subdivision application or sixty (60) days has elapsed from the filing of the pre-application submission and no pre-application meeting has occurred within those sixty (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 R.I.G.L. § 45-23-36.

3. Pre-application meetings may be held where not otherwise required upon request of either the municipality or the applicant.

C. Submittals

1. Where a pre-application meeting is required by this section, applicants shall submit the materials required by Appendix A.

2. Where a pre-application meeting is not required, applicants seeking a pre-application meeting or an informal concept review shall submit general, conceptual materials in advance of the meeting(s) as requested by municipal officials.

D. Concept Review

At the pre-application stage the applicant may request that the Planning Board or the Technical Review Committee provide 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.

A. Any person intending to subdivide land in the Town of Middletown shall follow the procedure established in these Rules and Regulations and shall provide all the material required in the checklists for the appropriate subdivision contained in Appendix A. The Planning Board will refuse to consider a plat of a subdivision until all items in the appropriate checklists have been submitted by the applicant, and no subdivision shall be considered as having been submitted to the Board unless the proposed plat is accompanied by all the material required by the appropriate checklist.

B. Applications for subdivision approval shall be made to the Administrative Officer, who shall review all applications for form and content in conformity with the requirements set forth herein. Complete applications shall then be officially filed for review by the Planning Board, and the Administrative Officer shall stamp all such applications with the date of official submission to the Town.

C. The Administrative Officer shall advise the applicant as to which approvals are required and the appropriate board for hearing an application for land development or subdivision project. The following types of applications, as defined in Article 3, may be filed:

1. Administrative subdivision

2. Minor subdivision or minor land development plan

3. Major subdivision or major land development plan

D. An application shall be complete for purposes of commencing the applicable time period for action when so certified by the Administrative Officer. In the event such certification of the application is not made within the time specified in this article for the type of plan, the application shall be deemed complete for purposes of commencing the review period unless the application lacks information required for such application as specified in this article and the Administrative Officer has notified the applicant, in writing, of the deficiencies in the application.

E. The Planning Board may subsequently require correction of any information found to be in error and submission of additional information specified in these Rules and Regulations but not required by the Administrative Officer prior to certification, as is necessary to make an informed decision.

F. Where the review is postponed with the consent of the applicant, pending further information or revision of information, the time period for review shall be stayed and shall resume when the Planning Board determines that the required application information is complete.

G. All proposed subdivisions must meet at least the minimum design requirements set forth in these Rules and Regulations. For conservation subdivision developments (CSD), applicants shall be prepared to demonstrate to the Planning Board that the Conservation Development Design Process outline in Appendix C of these regulations was considered in determining the proposed layout of open space, development areas and lots.

H. No streets or other improvements may be installed until the Planning Board has approved the final plat. No lots may be sold until the final plat has been endorsed by the Planning Board Chairman or Secretary and recorded in the land evidence records of the Town.

The approving authorities responsible for land development and subdivision review and approval shall ensure that each proposal addresses the general purposes listed in Section 102 of these Rules and Regulations and shall make positive findings on the following prior to approving the proposed subdivision/development:

A. The proposed development is consistent with the comprehensive community plan and/or has satisfactorily addressed the issues where there may be inconsistencies;

B. The proposed development is in compliance with the standards and provisions of the Town Zoning Ordinance;

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

D. The subdivision, as proposed, will not result in the creation of individual lots with such physical constraints to development that building on those lots according to pertinent regulations and building standards would be impracticable. (See definition of buildable lot). Lots with such physical constraints to development may be created only if identified as permanent open space or permanently reserved for a public purpose on the approved, recorded plans; and

E. All proposed land developments and all subdivision lots shall have adequate and permanent physical access to a public street. Lot frontage on a public street without physical access shall not be considered compliance with this requirement.

A. Submittals

Any applicant requesting approval of a proposed administrative subdivision, as defined in these Rules and Regulations, shall submit to the Administrative Officer the items required by the Administration Subdivision Checklist at Appendix A.

B. Certificate of Completeness

The application shall be certified as complete or incomplete by the Administrative Officer within a fifteen (15) day period from the date of its submission according to the provisions of Section 403.

C. Review Process

1. Within the timeframe prescribed by R.I.G.L. 45-23-37, the Administrative Officer shall review the application and approve, deny or refer it to the Planning Board with recommendations. The Administrative Officer shall report his/her 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 within the timeframe prescribed by R.I.G.L. 45-23-37, the application shall be placed on the agenda of the next regular Planning Board meeting.

3. If referred to the Planning Board, the Board shall consider the application and the recommendations of the Administrative Officer and shall either approve, approve with conditions, or deny the application within the timeframe prescribed by R.I.G.L. 45-23-37. 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 to act within the required time and the resulting approval shall be issued on request of the applicant.

4. Denial of an application by the Administrative Officer is not appealable and requires the plan to be submitted as a minor subdivision application.

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

6. Approval of an administrative subdivision expires subject to the timeframe prescribed by R.I.G.L. 45-23-37 unless within that period a plat in conformity with that approval is submitted for signature and recorded as specified inSection 905.

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.

a. Applications under this section which require relief which qualifies only as a modification may 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 modification 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 review. The Administrative Officer shall not certify the application complete until action is taken by the zoning enforcement officer on the modification request.

b. 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 review, and a request for review shall accompany the preliminary plan application.

c. 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:

a. Waivers from design standards of Article 5, Section 521 of these Regulations.

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 submission checklist contained in Appendix A of these Regulations.

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 the applicant also submits for a modification to the zoning enforcement officer, the running of the time period set forth herein will not begin until the decision on the modification is made. 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 variance or special permit are required, the Administrative Officer shall 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 Administrative Officer. If a street extension or creation is required, and/or the application is reviewed under unified development review, or the applicant seeks waivers from design standards and/or requirements of the land development and subdivision regulations that are beyond the authority of the Administrative Officer to grant, the Planning Board will hold a public hearing prior to approval according to the requirements in Section 407.C.4.b. of these regulations 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 pending stage of review, 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 Planning Board may re-assign a proposed minor project to major review only when the Planning Board is unable to make the positive findings required in Section 404 of these Regulations.

3. Final plan. Final plans shall be reviewed and approved by the Administrative Officer. The Officer 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.

E. 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 an additional public hearing. 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 if the permitting authority is not the Administrative Officer. Denial of the proposed change(s) shall be referred to the applicable permitting authority for review as a major change. Minor changes include the following:

a. Changes to address typographical errors.

2. Major changes to the plans approved at any stage may be approved only by the applicable permitting authority and must follow the same review and hearing process required for approval of preliminary plans, which shall include a public hearing if originally required as part of the application. Major changes include all changes not classified as a minor change.

3. The Administrative Officer shall notify the applicant in writing within fourteen (14) days of submission of the written request for a change if the Administrative Officer determines the change to be a major change.

a. Appeal. Decisions under this section shall be considered an appealable decision pursuant to Section 805 of these Regulations.

b. 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 applicant in writing, and approved by the Planning Board.

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.

B. The Administrative Officer may combine review stages and to modify, but only the Planning Board may waive submission requirements as specified in Section 407.C.1. 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.

a. The applicant shall first submit to the Administrative Officer the items required by the checklist for master plans.

b. 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.

c. Initial comments will be solicited from:

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

ii. Adjacent communities;

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

iv. Federal agencies, as appropriate. The Administrative Officer shall coordinate review and comments by local officials, adjacent communities, and state and federal agencies.

d. Applications requesting relief from the zoning ordinance.

i. Applications under this chapter which require relief which qualifies only as a modification under Zoning Ordinance Section 906 may proceed by filing a master plan application under this section to the Administrative Officer and, separately, 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 as set forth in Zoning Ordinance Section906 , such application shall proceed under unified development review pursuant to Zoning Ordinance Section 323. The Administrative Officer shall not certify the application complete until action is taken by the Zoning Enforcement Officer on the modification request.

ii. 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 pursuant to Zoning Ordinance Section 323.

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 is provided with the submission. If the applicant also submits for a modification to the Zoning Enforcement Officer, the running of the time period set forth herein will not begin until the decision on the modification is made. 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. 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.

b. Notice for the public hearing is required in accordance with the following:

i. Where a public hearing is required pursuant to the 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 of a mile.

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

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

d. 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.

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

c. 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.

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.

a. 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 or commission. Master plan vesting includes the zoning requirements, conceptual layout, and all conditions shown on the approved master plan drawings and supporting materials.

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

D. Preliminary plan review.

1. Submission requirements.

a. The applicant shall first submit to the Administrative Officer the items required by the checklist for preliminary plans contained in Appendix A of these regulations.

b. 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.

c. 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, of the local government departments, commissions, or authorities as appropriate.

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

e. Prior to approval of the preliminary 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 Rhode Island 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.

f. 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, 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, which 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.

a. 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.

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

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

d. 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.

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 or Commission, 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 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 one year 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 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. 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 include the following:

a. Changes to address typographical errors.

2. Major changes to the plans approved at any stage may be approved only by the Planning Board and must include a public hearing. Major changes include any change not classified as a minor change.

3. The Administrative Officer shall notify the applicant in writing within fourteen (14) days of submission of the written request for a change if the Administrative Officer determines the change to be a major change of the approved plans.

G. Appeal. Decisions under this section shall be considered an appealable decision pursuant to Section 805 of these regulations.

A. A public hearing shall be held for all major land development projects and major subdivisions and when a street extension or creation is proposed for a minor land development project or minor subdivision.

B. Public notice of the hearing shall be given at least fourteen (14) days prior to the date of the hearing in a newspaper of general circulation within the Town following the Town's usual and customary practices for such advertising. Notice shall be sent to the applicant and to each abutter, by certified mail, return receipt requested, of the time and place of the hearing not less than ten (10) days prior to the date of the hearing. Said 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.

C. 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 two thousand (2,000') feet of Middletown's boundaries.

D. 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 Middletown or two thousand (2,000') feet of the Middletown's boundaries, provided, that a map survey has been filed with the Building Inspector as specified in section R.I.G.L. 45-24-53 (E).

E. Notice of the public hearing shall be sent to an adjacent municipality if (1) the adjacent municipality is an abutter or (2) the development site extends into the adjacent municipality, or (3) there is a potential for significant negative impact on the adjacent municipality.

The cost of all notices for Public Hearings shall be borne by the applicant.

Any subdivision, Land Development Project (LDP) or development subject to Development Plan Review (DPR) approved shall adhere to the following minimum standards of planning and design.

A. Unless deemed inappropriate by the Planning Board, streets shall be arranged so as to provide for the continuation of existing or platted streets in abutting properties, whether such streets are public or private. Especially in retail and commercial developments, streets and driveways shall be designed to minimize the number of curb cuts and to allow the free flow of vehicular and pedestrian traffic within the development or developments, without having to enter and exit arterial connectors.

B. Where a plat submitted covers only a part of the applicant's land, the street arrangement shall be such that it can be coordinated with the remainder of said land. If abutting property is not subdivided or developed, streets within the plat being subdivided or developed shall project to the property line of abutting land.

C. If it is physically impossible to extend streets to adjacent property or existing streets, new proposed streets shall provide continuous flow of traffic being connected together to eliminate dead ends.

D. Whenever possible, all developments shall be provided with at least two (2) means of access.

Where access to property being subdivided is proposed to be from streets which are platted, but not constructed (i.e., paper streets), the applicant shall be required to construct said access streets in full accordance with the construction standards of these Rules and Regulations from the public street(s) to his/her property and as specified by the Planning Board.

There shall be no reserve strips controlling access to a street from lots abutting said street, nor shall land be reserved at the end of a dead-end street preventing access to abutting property, except as specifically allowed or required by the Planning Board.

A. All permanent dead-end streets shall terminate in a cul-de-sac constructed according to these Rules and Regulations. The Planning Board may prohibit the use or limit the length of dead-end street(s) where necessary in order to ensure adequate and safe circulation of vehicular traffic and to efficiently provide for public utilities and services. In considering a request to allow a dead-end street, the Planning Board shall evaluate the potential impact on the neighborhood, including public safety; the provision of Town services and utilities; and the potential for road connectivity to existing and potential future development.

B. Whenever possible, cul-de-sacs shall be temporary and provide for future access to adjacent property. Where streets are terminated temporarily, and may be further extended at a future time, a temporary cul-de-sac shall be constructed as specified in these Rules and Regulations. A defeasible easement shall be granted to the Town for that portion of a cul-de-sac right-of-way which would be abandoned when temporary cul-de-sac is extended. See Appendix B for a diagram of the cul-de-sac detail.

Where collector streets are proposed, or where high traffic volumes are anticipated, the Planning Board may require the construction of a street to a right-of-way width up to sixty (60) feet, and a pavement width up to thirty (30) feet. Collector streets are streets which function as main interior streets, and which collect traffic from local or minor streets to State or Federal highways, or function as streets serving industrial and commercial developments.

When a tract fronting a public street for a distance of 500 feet or more with the average depth of 350 feet is to be subdivided into more than ten (10) residential lots, the Planning Board may require that:

A. Residential lots adjoining the public street be provided with frontage on a marginal access street, and

B. Access to the public street be restricted.

The extension of an existing street shall have the same name as the existing street. Names of other proposed streets shall be substantially different from any existing street name in the Town of Middletown, and shall be subject to the approval of the Planning Board and the Middletown Fire Department.

All lots shall have a frontage on a public street equal to the minimum lot width specified in the Middletown Zoning Ordinance. With the permission of the Planning Board, a single-family residential lot may have a minimum of fifty (50) feet of frontage on a cul-de-sac provided that the distance from the side lot lines on opposite sides of the lot, as measured at the front yard depth, is no less than one hundred (100) feet.

A. Where a development is proposed to be developed in more than one phase, i.e., only a portion of the overall parcel to be developed is subdivided or developed and recorded at one time, the applicant shall be required to file an Overall Plan of Development. Such plan shall be filed at the Master Plan stage and shall indicate the future stages of development and their relationship to the stage being considered for approval by the Board. The Board will consider, among other things, the overall pattern of circulation, provisions for adequate drainage, arrangement of lots and open spaces, the surrounding land uses, and relationship to the Comprehensive Community Plan.

B. No portion of any multi-phase development shall be approved by the Planning Board unless an Overall Plan of Development shall have been filed and approved, and no change in an approved Overall Plan of Development shall be made by the applicant without approval of the Planning Board.

Sidewalks shall be installed where sidewalks already exist and where extension of new sidewalks would be desirable; or in areas where deemed necessary by the Planning Board to provide safe pedestrian access.

The Planning Board may require a ten (10) foot wide public pedestrian walkway between blocks or lots when required in the design to provide for safe pedestrian access. Such walkways may be left in a natural condition or provided with paved sidewalks as specified in Article 6.

Wherever possible, side lot lines shall be substantially at right angles or radial to street line.

Extra Size Lot

The minimum lot area requirements may be increased by the Planning Board if percolation tests indicate the need for additional area for the safe and efficient installation of individual sewage disposal systems.

Section 514.1 - Conservation Development

The Planning Board shall specifically authorize plans for the use, ownership, management and maintenance of all open space areas within any Conservation Development, pursuant to Section 1905 of the Zoning Ordinance.

The required open space shall be established as a lot or lots separate and distinct from the lots intended for residential or commercial development, and land dedicated as street rights-of-way, and shall comply with the terms of this section.

A. Resources to be conserved

The design of open space lands in any Conservation Development shall reflect the standards set forth in this subsection and, to the fullest extent possible, incorporate any of the resources listed below if they occur on the parcel (not listed in order of significance).

1. Stream channels, floodplains, hydric soils, swales, springs, and other freshwater wetland areas, including adjacent buffer areas that may be required to ensure their protection;

2. Wellhead protection areas;

3. Special aquatic sites, vernal pools and significant natural areas of species listed as endangered, threatened, or of special concern, such as those listed in the Statewide Natural Heritage Inventory;

4. Moderate to steep slopes, particularly those adjoining watercourses and ponds, where disturbance and resulting soil erosion and sedimentation could be detrimental to water quality;

5. Healthy woodlands, particularly those performing important ecological functions such as soil stabilization and protection of streams, wetlands, and wildlife habitats;

6. Areas where precipitation is most likely to recharge local groundwater resources because of topographic and soil conditions affording high rates of infiltration and percolation;

7. Hedgerows, groups of trees, location and species of large individual trees of botanic significance, specimen vegetation and other vegetation features representing the site's rural past;

8. Active agricultural uses, pastures, croplands;

9. Prime farmland soils and farmland soils of statewide importance;

10. Historic structures and archaeological sites;

11. Visually prominent topographic features such as knolls, hilltops and ridges;

12. Geologic features such as eskers or kettle holes;

13. Scenic viewsheds as seen from public roads (particularly those with historic features);

14. Existing or potential trails connecting the parcel to other locations in the Town;

15. Any other natural, cultural or recreational resources determined by the Planning Board.

B. Location

The location of the open space shall be determined during the initial design phase of the project and with the input of the Planning Board. The configuration of proposed open space lands set aside for common use in a Conservation Development shall comply with the following standards:

1. Open space shall be placed in undivided preserves which will be adjacent to the largest number of lots within the development as possible.

2. Open space shall be directly accessible to the largest practicable number of lots or dwellings within the development. Non-adjoining lots shall be provided with safe and convenient pedestrian access to open space land;

3. Required open space shall adjoin open space on adjacent parcels, forming an interconnected network. Areas of open space open to the public in the form of trails and access to significant and natural and cultural features are encouraged. Open space shall be interconnected wherever possible to provide a continuous network of greenway lands within and adjoining the subdivision;

4. Whenever possible, open space shall be undivided by public or private streets, except where necessary for proper traffic circulation;

C. Use & Development

Open Space shall:

1. Be free of all structures except historic buildings or structures, stone walls, and structures related to open space uses. The Planning Board may grant approval of structures and improvements required for storm drainage and privately owned and maintained water supply within the open space provided that such facilities would not be detrimental to the purpose for which the open space is proposed. Placement of individual sewage disposal systems (ISDS) within the open space shall be permitted only by the granting of a waiver by the Board.

2. Be suitable for active or passive recreational uses to the extent deemed necessary by the Planning Board, without interfering with adjacent dwelling units, parking, driveways, and roads;

3. Be interconnected wherever possible to provide a continuous network of greenway lands within and adjoining the subdivision;

4. Provide buffers to adjoining parks, preserves or other protected lands;

5. Provide for pedestrian pathways for use by the residents of the development.

6. Provisions made for access to the open space lands by municipal personnel, as required for land management and emergency purposes;

7. Be suitably landscaped either by retaining existing natural cover and wooded areas and/or according to a landscaping plan to protect open space resources;

D. Ownership

1. Ownership of open space lots shall be vested in a legally viable entity pursuant to Section 1905(A) of the Zoning Ordinance, which shall be responsible for the use and maintenance of the open space. Documents specifying the form of ownership for the open space parcel(s) shall be submitted to the Planning Board for approval. The Planning Board shall have the right to approve, modify or reject the proposed form of ownership if the proposed form of ownership does not adequately provide for control and maintenance of the open space.

2. If ownership of open space is conveyed to lot owners within the CSD, at a minimum the following standards of ownership and management of open space shall be met:

a. If the required open space is to be owned in common by all the lot owners within the CSD, the deed to each lot shall include a fractional interest in the common open space in an amount inversely proportional to the number of lots or dwelling units in the development. The deed shall also include all covenants, restrictions and easements which shall be imposed upon the use, management or maintenance of the open space in order to provide for the necessary control and requisite upkeep of the open space.

b. The applicant or developer shall provide for and establish a homeowners association or indicate an alternate method for the use, care and maintenance of all open space lands and improvements. Unless otherwise allowed by the Planning Board, membership in the homeowners association shall be mandatory for all landowners within the CSD, and each lot shall be entitled to equal representation. The Planning Board shall review the by-laws of the homeowners association to ensure adequate provision for the maintenance of open space is provided.

c. If the condominium form of ownership is proposed, the open space shall be a common element or a portion of the common elements of the condominium, in accordance with the provisions of Chapter 34 36-1 of the General Laws of Rhode Island.

E. Maintenance

The Planning Board may require specific provisions for maintenance of open space, private streets, drainage systems and utilities including requirements for security and including maintenance bond, as provided in the Rules and Regulation Regarding the Subdivision of Land. At a minimum, a Management Plan for the open space detailing ownership, use and maintenance responsibilities shall be developed for the Open Space and must be approved by the Planning Board; such plan may be modified with Planning Board approval. In the event of failure of a homeowners' association to maintain any common open space, recreation areas, landscaping features, or other required improvements, the Town may enter into said development and perform such necessary maintenance work and charge the cost, including attorney fees, to the owner.

F. Excavation, Grading, and Disturbance

1. Areas proposed to fulfill the minimum open space requirement within a Conservation Development shall not be excavated or regraded, except as permitted by the Planning Board. Clearing and excavation of open space areas may be permitted only for the installation of stormwater retention or detention facilities, other drainage facilities, or for permitted utilities, park, open space, recreational, agricultural or forest management uses in accordance with a plan approved by the Planning Board.

2. No commercial earth removal, even if permitted by the Zoning Ordinance, in the zoning district in which the development is proposed, shall be permitted within any open space areas. In approving an open space use plan, the Board may permit grading that includes removal of earth materials. The Board shall, however, clearly indicate, as a condition of preliminary approval, the approximate quantities of material and the general areas from which earth removal is authorized, and shall only authorize the minimal amount of earth removal required to grade the land for the intended purpose.

3. Disturbance to the natural contours of the land shall be minimized to the greatest extent possible. Existing natural vegetation and any significant natural or man made features shall be preserved except as permitted by the Planning Board to create or enhance areas of landscaping, parks, recreation, conservation, forestry or wildlife habitat. These disturbances shall be specifically shown on the open space use plan.

Section 514.2 - Conventional Development

A. The Planning Board may require the applicant to dedicate a portion of the land being subdivided for the purpose of providing recreation areas, open space, conservation areas, or areas of historic significance or natural beauty for the benefit and enjoyment of the present and/or anticipated future residents of the plat. Requirements for the dedication of recreation land are set forth in the Comprehensive Community Plan. The minimum amount of recreation land so dedicated must be at least eleven (11) acres per one thousand (1,000) of the estimated population of the plat.

B. Requirements for the dedication of conservation areas, natural or scenic areas of historic sites shall be based upon the specific features of the land and dedication of land reasonably necessary to accomplish the intended purpose.

C. Land dedicated in accordance with this section may be dedicated to the Town of Middletown, to the State of Rhode Island, to a recognized public, quasi-public, non-profit or private organization, or may be privately

owned. If retained in private ownership, said land shall be covered by an easement granted to the Town of Middletown sufficient to ensure its perpetual maintenance as conservation, open space or recreation land, and to render the land permanently available for the use and enjoyment of the residents of the subdivision. Where land is to be maintained in private ownership, a maintenance plan detailing the ongoing responsibilities for use and maintenance of the land shall be submitted for Planning Board approval, and shall be incorporated by reference in the maintenance easement.

D. Where, by virtue of the location, size or character of the proposed subdivision, such as a dedication of land would not serve the intended purposes, the Planning Board may waive such requirement.

Measures to minimize construction site runoff shall be employed, where applicable, and shall, at a minimum, meet the standards and specifications set forth in the Town's Construction Site Runoff Control Ordinance, 2005, as amended (Town Code Chapter 151). A Stormwater Pollution Prevention Plan, prepared in accordance with the Ordinance, shall be submitted at the preliminary plat stage for review. If no construction is proposed at time of subdivision, the plan shall include a note requiring implementation of construction site runoff controls at time of construction.

All development approved by the Planning Board shall comply with the requirements of the Middletown Stormwater Management Ordinance, 2005, as amended (Town Code Chapter 153). To the extent practical, low impact development (LID) storm water best management practices shall be employed in the storm water management plan. At the preliminary plan stage, a Stormwater Management Plan meeting the requirements of the Ordinance shall be submitted for review. If no construction is proposed at time of subdivision, the plan shall include a note requiring implementation of stormwater management measures at time of construction. Provision for maintenance of all components of the Stormwater Management system, in accordance with the Town's Stormwater Management Ordinance, shall be made prior to approval of the subdivision.

Subdivision and development proposals will be reviewed to determine whether such proposals will be reasonably safe from flooding. If a proposed subdivision or development project is in a flood-prone area, defined as the 100-year floodplain as established by the Federal Emergency Management Agency (FEMA):

A. Such proposal will be reviewed to assure that:

1. It is consistent with the need to minimize flood damage within the flood prone area.

2. All public utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage, and

3. Adequate drainage is provided to reduce exposure to flood hazards by insuring, at a minimum, that there shall be no increase in the rate of water runoff from the site. The Planning Board may, at its discretion, require that the rate of runoff be decreased from the condition existing prior to subdivision development.

B. The Board shall require that the following provisions apply to subdivisions within the 100-year floodplain:

1. Future-condition storm water runoff discharge does not exceed present condition discharges into a floodway as calculated up to a 25-year frequency storm.

2. Development be prohibited within the floodway which will result in any increase in flood levels during the occurrence of a 25-year frequency storm discharge.

3. That there is no reduction in the holding capacity of the 100-year flood plain.

4. All construction of drainage and flood protection systems and all development within areas subject to flooding are adequately designed so as to accommodate flows resulting from up to a 25-year frequency storm.

5. Every lot be located so as to provide an area for construction of a residential building which is not within a riverine floodway.

Environmental features such as stone walls, specimen trees, water bodies or other outstanding natural or man-made features shall be retained insofar as possible, and incorporated into the design of the subdivision or land development project so as to preserve the character of the land. The Planning Board shall ensure that, to the extent practicable, plans accomplish the following:

A. Protect 100-year floodplains, wetlands, and steep slopes (greater than 25%) from clearing, grading, filling, or construction.

B. Preserve and maintain mature woodlands, existing fields, pastures, meadows, and orchards;

C. Create sufficient buffer areas to minimize conflicts between residential and agricultural uses.

D. In cases where development must take place on open fields or pastures because of greater constraints in other parts of the site, site dwellings at the far edge of a field as viewed from existing road(s).

E. Maintain naturally vegetated wetland buffers of sufficient width to protect the wetland from adjacent land use. In general such buffer shall be no less then 100 feet, but may be more or less depending on topography, soils, and wetland characteristics.

F. Preserve existing stonewalls, hedgerows and treelines.

G. Leave scenic views and vistas unblocked or uninterrupted, particularly as viewed from public roads.

H. Avoid siting new construction on hilltops.

I. Protect wildlife habitat areas.

J. Preserve sites of historic, archaeological or cultural value.

K. Protect rural roadside character.

L. Provide landscaping for common use areas comprised of native or non-invasive plant species.

M. Provide active recreation areas in suitable locations.

N. Include a pedestrian circulation system which provides access to open space from lots not directly adjacent to the open space as well as to open space on adjacent properties where possible.

O. Provide open space that is reasonably contiguous, both within the development and with open space on adjacent land.

Where a proposed subdivision contains more than thirty (30) lots, the Planning Board may, at its discretion, limit the number of lots to a maximum of thirty (30) lots in any stage. The Board may require that no subsequent stages be submitted for subdivision approval until construction of all required improvements of each prior stage has been completed. Provided, however, the Board may allow more than thirty (30) lots per stage where development of more than thirty (30) lots would be consistent with the intent and purposes of these Rules and Regulations.

Fees for reviews required by the Planning Board in connection with a specific development shall be paid by the applicant prior to final approval of the subdivision.

This section describes the general objectives and intent of Commercial Development Design Standards. (CDDS). The provisions in this section are provided for applicant, Technical Review Committee (TRC), and Planning Board guidance. Specific regulations implementing these objectives and their intent are set forth in the following sections (521.1 - 521.4). The purpose of these standards is to establish and maintain a uniform set of standards that promote the use of high quality design, consistent with the traditional architectural styles of Aquidneck Island and New England.

A. Site Design

Buildings and their adjacent spaces, including parking, establish a design landscape rhythm. This rhythm of spaces and buildings should be considered when determining design compatibility, whether between a building or a building and street. Parking should be considered an integral part of site design and should be coordinated with overall site development. Site design shall encourage pedestrian activity where appropriate, through the placement of buildings close to the street, with off-street parking dispersed into small landscaped lots located to the rear or side of buildings and trees, foliage and grassy areas interspersed among buildings.

B. Building Design and Architecture

In general, buildings shall be designed to include traditional New England architectural elements. This includes, but is not limited to, peaked roof, wood-frame, and other styles consistent with colonial through early twentieth-century period architecture. Facades of a building, particularly the front facade, should consist of or resemble traditional building materials such as clapboard, shingles, brick, or stone. Facades, windows, and doors should be visually proportionate.

C. Landscaping

Landscaping, including plantings, should be designed to define, soften or screen the appearance of the off-road parking areas and structures from the public right of way and abutting properties. The objective of landscaping should be to enhance the design and minimize the encroachment of the proposed use on neighboring land uses. The species and planting techniques for street-side trees and other plantings should be selected to create a unified image for the street, provide an effective canopy, avoid sidewalk damage, and minimize water consumption.

D. Environmental Impacts

Commercial Development shall be designed to control erosion and sedimentation, stormwater runoff, and minimize impacts on surface water and air quality. Erosion and stormwater runoff control shall comply with town regulations, including Town Code Chapters 151 and 153, as amended. If feasible, efforts should be made to decrease runoff rates and volumes from pre-development conditions.

E. Signage

Signage shall be visually compatible with the scale and character of the surrounding architecture, and should promote traditional architectural elements. The size, location, design, lighting and materials of all exterior signs and outdoor advertising structures shall be compatible with the design of proposed building(s) and structure(s).

Section 521.1 - Site Design

A. General Location and Layout

Buildings should be located so as to create a safe, pleasant walking environment and efficient pedestrian circulation pattern. Building placement, orientation and massing should be planned to promote more active pedestrian-scaled commercial design, with ample opportunities for walking and bicycling, as well as private motor vehicles and to promote the use of public transportation.

B. Off-Street Parking and Circulation

1. Location

In all districts, except Light Industrial, parking lots should be located to the rear or side of buildings. If site configuration does not allow for the placement of all required parking spaces to the rear or side, a limited number of parking spaces may be located between the front of the building and the public street. Such lots shall be limited to one row of parking, except that for Large-scale Shopping Centers and other situations where site conditions warrant, the use of two rows of parking may be permitted. In either case, the number of parking spaces in such lots shall not exceed fifty (50) spaces, and additional landscaping and screening elements may be required.

In light industrial districts, parking is permitted between building and front lot line only where the front lot line does not abut a public arterial street.

2. Parking Lot Size

The standards of this section are in addition to the requirements of Article 13 of the Middletown Zoning Ordinance regarding off-street parking and loading. No individual parking lot, located between the building and street, may exceed fifty (50) total parking spaces. For a project requiring more than fifty (50) parking spaces, parking shall be broken up into smaller lots; each accommodating no more than fifty (50) vehicles and directly connected with the other lots. Adjacent parking lots must be buffered from each other with a minimum ten (10) foot landscaped strip, which may also be used as a walkway.

3. Access & Circulation

(a) Circulation shall be designed to provide safe and efficient access for pedestrians, automobiles, and emergency vehicles into and throughout the site, including designated pedestrian walkways and crosswalks. Pedestrian access to the site from the public way and neighboring properties shall be provided.

(b) A pick-up, drop-off (PUDO) zone and plan are required to demonstrate adequate circulation so the flow of bikes and cars on adjacent streets is not impeded.

4. Ingress & Egress

(a) Adequate and safe ingress and egress shall be provided. The number and width of curb cuts shall be minimized.

(b) Consolidation of existing curb cuts may be required.

(c) Provision for vehicular and pedestrian connections to adjacent developments shall be provided, whenever possible.

(d) Site design which requires the use of a public street to maneuver in and out of a parking or loading space located on private property shall not be permitted.

C. Utilities

All utility lines serving the site shall be installed underground. To the maximum extent possible, power lines and utilities in frontage areas shall be installed underground.

D. Exterior Lighting

1. Exterior lighting design shall comply with the Zoning Ordinance Article 27B Outdoor Lighting.

2. Fixtures illuminating building facades shall be shielded and directed toward the building and all other lighting fixtures shall be shielded and directed to the ground. Building-mounted decorative light fixtures and pole-mounted decorative fixtures, provided that they are less than twelve (12) feet in height, should also be shielded to the extent possible.

E. Infrastructure and Amenities

1. Dumpsters, storage areas, exposed machinery installation including but not limited to HVAC units, service areas, truck loading areas, utility buildings and similar structures shall be designed and screened or located to provide an audio-visual buffer sufficient to minimize their adverse impact on other land uses within the development area and surrounding properties. Dumpsters shall be screened from view in accordance with the Town Code § 92A.03, Storage of Trash and Waste.

2. Air conditioning and ventilation units, security devices, and other service equipment shall be screened from view from the public way. For all roof mounted equipment, screening shall be accomplished either by equipment being set back from the roof edge or with screening that is incorporated into and consistent with the design of the building. For ground mounted HVAC units and other equipment, screening shall be accomplished by using landscaping or decorative fencing as screening.

3. Litter and Trash Management

(a) Exterior litter receptacles shall be provided on all commercial, multi-family residential, and mixed-use properties to serve patrons, residents and employees.

(b) Receptacles shall be appropriately sized and located. The locations and design of receptacles must be identified on site plans.

(c) Receptacles shall have decorative designs compatible with the overall design theme for the development.

(d) A waste management and litter control plan shall be provided on the site plans or as a separate document, which shall include specific provisions and actions to prevent accumulation of litter on the subject property and to prevent it from entering abutting properties and streets.

4. Bicycle racks shall be provided in appropriate locations and identified on the site plans. One (1) bike rack space for each ten (10) automobile parking spaces or fraction thereof is required, with a minimum of two (2) bike spaces required.

5. The location and design of any proposed site amenities, such as benches, bus shelters, playgrounds, etc. must be identified on the site plans. Designs shall be compatible with the overall design theme for the development.

Section 521.2 - Building Design and Architecture

A. Façade and Walls

The first impression of a building is that of its front façade, the side of the building facing the most frequently used public away. Accordingly, facades and walls shall incorporate the following features:

1. The primary ground floor public entrances must be oriented directly to streets, interior pedestrian plazas, or walkways. If oriented toward parking lots, such lots must contain said pedestrian plazas and walkways.

2. The street side façade(s) of a building if visible from the public way shall not consist of an unarticulated blank wall or an unbroken series of garage doors. In no case shall the unbroken plane of a wall exceed forty (40) linear feet without a minimum four (4) feet wide architectural design feature on the building façade. (Examples: using different building materials/color to create contrast, or changing the siding orientation)

3. Except in the GB and LI Zones, commercial garage doors and loading docks shall not be visible from any public way.

4. Loading docks shall not be located on the building façade facing the public way. Commercial garage doors and loading docks shall be screened from public view.

B. Windows & Doors

Windows and doors are encouraged on all building elevations, and should be visually compatible with the architectural style of the building.

1. Windows and glass doors should occupy not less than twenty (20) percent or more than sixty (60) percent of any façade visible from the public way. In LI Zones, windows and glass doors should occupy not less than twenty percent (20%) or more than sixty percent (60%) of any façade that faces a public arterial street.

2. Windows shall be of true divided-light or simulated divided-light design when consistent with the overall building design; except in LI Zones. Double-hung windows are preferred, where consistent with the overall design of the building. Where true windows cannot be utilized, faux windows that simulate true windows are acceptable.

C. Materials

Traditional architecture employs authentic materials on building facades and roofs. Traditional façade materials include wooden clapboards, shingles, patterned shingles, brick, and stone and cast stone, depending on the architectural style and location of the building. Traditional roof materials include cedar shingles and slate. The faç

1. Building sidings, roofs, and trim shall be constructed of, or resemble, traditional materials such as wooden clapboards, shingles, patterned shingles, brick, or stone. Substitute materials may include fiber cement board or composite materials that resemble traditional materials, standing seam metal roofs and non-flammable or fire-treated siding materials are also acceptable.

2. Non-traditional or substitute materials may only be used subject to approval by the Administrative Officer or Planning Board. Samples of all primary materials shall be submitted to the Planning Department for approval.

D. Roof Forms and Roof Design

A roof can have a dramatic effect on the appearance of a building. The shape and proportion of the roof shall be visually compatible with the architectural style of the building and shall incorporate the following features:

1. Traditional roof forms such as hip, gambrel, or gable shall be required.

2. The gradient from level of any sloped roof shall be at least 4:12.

3. Flat roofs may be permitted but shall incorporate decorative details into the roof design on all sides of the building and/or the roof is designed to incorporate a sloped design for the portion of the roof visible from the public way, and provided that any mechanical equipment installed on the roof is not visible from the public way and abutting properties.

4. Renovation of existing flat-roof buildings shall incorporate decorative details into the roof design.

E. Architectural Elements

Architectural elements such as arcades, porches, bays, windows, balconies, dormers and cupolas shall be in reasonable proportion to the overall building.

Section 521.3 - Landscaping

The landscape plan shall incorporate the following features:

A. Existing Vegetation

Whenever possible, existing trees and vegetation shall be used to satisfy landscaping requirements. Trees having greater than 18-inch caliper dbh shall be preserved, whenever possible and with consultation with the Tree Warden. If such trees cannot be preserved, each must be replaced with two (2) trees of at least four (4) inch caliper dbh. The Planning Board may seek an advisory opinion from the Tree Commission, regarding the removal of trees.

B. Amount Required

Planted landscaping shall occupy a minimum of twenty-five percent (25%) of the project area.

C. Screening

Screening elements such as plantings, stone walls, berms and/or fences, or a combination of these is required along all property lines.

D. Buffers

Buffers shall be provided as follows:

1. A landscaped buffer of at least ten (10) feet is required along all property lines. This may be reduced if stone walls are used as the screening element.

2. When abutting a residential district or use, the buffer must be at least twenty (20) feet wide and include screening at least six (6) feet in height, measured from finished grade, at time of installation. For large scale shopping centers, the required buffer shall be fifty (50) feet wide.

3. A landscaped buffer of at least five (5) feet wide shall be provided between buildings and parking lots/driveways. The buffer shall be defined by curbing.

E. Plantings

Plantings shall be noninvasive species, and native to Aquidneck Island, if possible. The Planning Board shall seek an advisory opinion from the Tree Commission, regarding the selection of tree species and locations for planting.

F. Trees

1. Street Trees - Deciduous “street trees” shall be planted along the street side property boundary and along any private streets or internal driveways in planter strips or tree wells located between the sidewalk and curb. Trees shall be spaced no further apart than thirty (30) feet on center, and shall be a minimum of four (4) inch caliper dbh at time of planting.

2. Parking Lots - A minimum of one (1) tree shall be provided for every five (5) parking spaces. Trees shall be at least four (4) inches caliper dbh and seven (7) feet tall at time of planting. Each tree must be surrounded by at least 25 square feet of permeable unpaved area.

G. Scenic Views

Scenic views and historically significant landscape features (including, but not limited to, stone walls, picket fences, and large trees) shall be preserved to the maximum extent reasonably possible. This requirement is in addition to the requirements set forth in the Middletown Town Code Chapter 96: Tree Preservation and Protection, and Chapter 97: Stone Walls.

H. Maintenance

Whenever landscaping is or has been required by these Regulations, the landscaping shall be maintained for the life of the project in conformance with the approved plan, and failure to maintain landscaping may be cited as a violation. Any unhealthy or dead plant materials shall be replaced in conformance with the approved landscape plan unless substitute plant material has been authorized. Replacement shall occur within four (4) months of the loss of the plant or during the next planting season if the loss does not occur in a planting season. For large projects, or significant landscape features, a maintenance agreement and/or performance bond may be required.

Section 521.4 - Environmental Impacts

A. Construction Site Runoff/Erosion & Sedimentation Control

1. Erosion and sedimentation shall be controlled so that neighboring property and public facilities or services are not adversely affected during and/or after construction.

2. Erosion control shall meet the standards of the Town of Middletown, including Chapter 151 of the Town Code of Ordinances, and the RI Erosion and Sediment Control handbook, as amended.

B. Stormwater Management

1. Storm-water runoff provisions shall maximize on-site absorption/recharge and minimize runoff and to the extent feasible, should reduce runoff rates and volume from the pre-development conditions.

2. Direct discharge of untreated storm-water run-off to a wetland or watercourse from impervious surfaces is prohibited.

3. Storm-water run-off controls shall meet requirements of the Town of Middletown, including Chapter 153 of the Town Code of Ordinances, and the standards of the RI Stormwater Design and Installation Standards Manual.

4. Ongoing inspections and maintenance of the stormwater management system shall be conducted in accordance with the approved operations & maintenance plan. A stormwater facilities maintenance easement, subject to the approval of the Town Solicitor, shall be recorded which will obligate the owner to properly maintain the stormwater system, and provide for but not obligate the Town to access the easement area to perform necessary maintenance at the owner's expense, should the owner fail to do so.

Section 521.5 - Signage

Signage shall meet the requirements of Article 12 of the Zoning Ordinance. Signs and any exterior illumination must be architecturally compatible with the development. Signage for multi-use projects, including industrial/office parks and shopping centers, shall be of uniform design, with similar scale and fabrication.

A. Fire Hydrants

Where public water is available, fire hydrants shall be installed in accordance with the recommendations and requirements of the Middletown Fire Department and Newport Water Department. The locations and specifications of the fire hydrants shall be provided on development plans prior to approval.

B. Cisterns

In the event the Planning Board, after careful deliberation and considering all relevant factors before it, resolves that a proposed subdivision or land development cannot connect to a public water supply, then the proposed subdivision or land development shall provide underground water cisterns for fire protection purposes, subject to the approval of the Middletown Fire Chief.

1. The number, size, design and location of the cistern(s) shall be determined by the Fire Chief or his or her designee according to applicable current National Fire Protection Association (NFPA) standards prior to preliminary plan approval of the subdivision or land development. Cisterns shall be constructed of fiberglass unless an alternative material is approved by the Fire Chief. Cisterns shall not be located within the public right-of-way. The cistern(s) will be constructed and installed in accordance with current NFPA standards.

2. Cisterns will be maintained and tested in accordance with NFPA 25 Standard for the Inspection, Testing and Maintenance of Water Based Fire Protection Systems, current edition. Repairs to and maintenance of approved cisterns, including initial filling and refilling, will not be the responsibility of the town. All filling, repairs and maintenance shall be the responsibility of the property owner, homeowner's association, or other legal entity as described in the final plan decision and/or other recorded legal documents.

3. The homeowner's association or property owner must enter into a contract with a qualified professional to perform an inspection and necessary maintenance of the cistern at least annually, with such inspection and maintenance report to be provided to the Fire Department. Inspection shall be in accordance with NFPA checklists and standards as applicable. Such contract shall also provide for immediate notification to the Fire Department if the contract lapses.

4. An easement shall be recorded providing the Fire Department with access to the cistern for inspection, maintenance and for emergency purposes. The easement shall provide that in the event that a homeowner's association or property owner fails to complete required inspections and maintenance, the Fire Department will have the ability to complete such inspections and maintenance at the expense of the homeowner's association or property owner, subject to the placing of a lien against the property.

5. Penalty

Any person, corporation, or other entity, whether as principal, agent, employee, subcontractor or the like, who violates any of the provisions of this section shall be subject to a fine not to exceed $500 for each offense. Each day of the existence of any violation shall be deemed a separate offense.

C. Residential Fire Sprinklers

Installation of fire sprinklers is encouraged in all new development throughout the town, whether public water and fire hydrants are available or not. In situations where the installation of sprinklers is not required by the building code, the town offers the following incentives to encourage the installation of sprinklers in new development. Sprinklers must be installed and maintained in accordance with applicable NFPA standards for residential sprinklers:

1. For new developments where public water is not available but fire sprinklers are installed, the requirement in Section 522 B. for installation of a cistern(s) will be waived.

2. For new residential subdivisions or developments where all dwelling units include residential fire sprinklers, the Planning Board may, at its discretion, reduce the minimum required paved road width of Section 603 and required road length under Section 504 A., provided that new roads shall have a minimum paved width, including curbs, of 20 feet.

3. The Fire Department plan review fees and building, electrical, plumbing and mechanical permit fees shall be waived for any residential structure where all dwelling units include residential fire sprinklers.

4. The development impact fee for fire facilities and equipment shall be waived for new dwelling units that include residential fire sprinklers.

A landscape maintenance plan shall be provided with any landscape design plan submitted for any subdivision and any land development project subject to Development Plan Review. Said maintenance plan shall be forwarded to the Middletown Tree Commission for review and comment. Once approved by the Planning Board, the landscape maintenance plan shall be recorded in the land evidence records.

The landscape maintenance plan shall reference the approved landscape design plan for the subject development and shall include a schedule of initial and ongoing activities to be undertaken by the property owner, homeowner's association, or other appropriate party approved by the Planning Board to ensure the long-term maintenance of the landscaping.

The applicant, at his/her own expense, shall construct all improvements required by the Planning Board as part of its approval of any subdivision, in accordance with the specifications of these Rules and Regulations. Prior to construction, the applicant shall attend a pre-construction conference with the Public Works Director and the Town Engineer. Any modifications to the final approved subdivision plan shall be referred to the Planning Board for consideration.

Each phase or step in the construction of required improvements listed below shall be inspected and approved, in writing, on the site by the Public Works Director and the Town Engineer or their representative. The Public Works Director and the Town Engineer may, at their sole discretion, retain the services of a consultant(s) to perform the required inspections. No subsequent phase or step shall commence until such inspection and approval of the prior phase or step has been completed. At a minimum, the applicant shall notify the Public Works Director that the installation of improvements is ready for inspection at the stages of construction listed below.

A. Following installation of all underground drainage and utilities, prior to backfilling.

B. Following preparation of the sub-base, backfilling and the installation of curbing or shoulders, prior to the application of the base course.

C. Following spreading and compaction of the base course of the roadway, prior, to the application of the binder course.

D. Immediately prior to, and during, the application and compaction of the surface course on the roadway and sidewalks.

E. Following completion of all improvements and installation of monuments.

The Public Works Director or Town Engineer, at their sole discretion, may require inspection at such other intervals which may be deemed necessary to assure proper construction of improvements.

Whether performed by the Public Works Director, Town Engineer, or consultant, all costs associated with inspections shall be borne by the developer. All such costs shall be documented by the Town Engineer or Public Works Director and presented to the developer for payment. Payment of the inspection costs to date is required prior to approval of each stage in the construction process, as described above. Final payment for all inspection costs must be received by the Town of Middletown prior to Town Engineer certification of the completion of required improvements, as provided in Section 703.3 - of these regulations.

Construction of all required improvements shall be in accordance with all specifications set forth herein, and shall, at a minimum, meet the construction specifications contained in Standard Specifications for Road and Bridge Construction, published by the State of Rhode Island, Department of Public Works, Division of Roads and Bridges, revision of 1971, and any subsequent corrections and addenda.

A. All streets, including private streets (those not dedicated to the Town), shall meet the dimensional requirements set forth below unless otherwise approved by the Planning Board. In instances where there is insufficient land available or in order to promote low impact development, the Planning Board may modify these requirements to suit the situation. In all cases, street dimensions must provide adequate access for emergency vehicles.

Typical Street Cross-Section (see Appendix B)

Right of Way (ROW) Width 50 feet

Pavement Width, Including Curbs 26 feet

Maximum Grade of Street 9 percent

Minimum Grade of Street 1 percent

Maximum Grade of Cul-de-sac 4 percent

Minimum Center Line Radius with Horizontal Curve 150 feet

Cul-de-sac (Permanent and Temporary)

Minimum ROW Diameter 100 feet

Minimum Pavement Diameter 90 feet

Street Intersection Fillet Curve

Minimum Radius of Pavement 37 feet

Minimum Radius of ROW 25 feet

B. Streets within a Conservation Development may be publicly or privately owned and maintained and shall conform to the standards of these Regulations. Streets shall be designed to conform to the standards of the Town where the street is intended for dedication and acceptance by the Town. Private streets shall be adequate for the intended use and vehicular traffic and shall be maintained by an association of unit owners or such other means or entity as may be approved by the Planning Board.

C. The Planning Board may allow for reduced width of streets in order to reduce traffic speeds and the amount of stormwater runoff generated by impervious surfaces, provided that a finding is made that public safety would not be adversely impacted.

Street center line intersections shall either be aligned precisely or be offset by at least 200 feet from other intersections. Intersections shall be, as nearly as possible, at right angles and none shall intersect at an angle of less than 75 degrees.

The entire right-of-way areas, as shown on the approved plat, shall be cleared and grubbed. All root systems, trees, stumps, bushes and other objectionable material shall be removed and transported away from the subdivision. Healthy trees within the right-of-way, may be left standing, provided they are no more than two (2) feet from the right-of-way line.

All earth excavations shall conform to the lines and grades as shown on the approved final plan. Any change in approved excavations, due to unforeseen sub-surface conditions, shall first be approved by the Public Works Director and the Town Planner to ensure the change does not conflict with any expressed concerns of the Planning Board. Earth excavation shall include, but not be limited to, the removal of clay, sand, gravel, loam, soft or disintegrated rock, which can be removed without blasting, boulders of less than one (1) cubic yard in volume, or one-half (½) cubic yard in all trenches, and other unacceptable materials within the limits of the roadway drainage, or other excavation. Earth excavation shall also include removal of all stumps, backfilling of stump holes and other surface irregularities with suitable fill materials.

Rock and ledge excavations shall include all hard rock which can be removed by drilling or splitting by hand, by mechanical means or by blasting, and shall be removed to a depth of at least twelve (12) inches below sub-grade, and, where applicable, ledge side slopes shall be at least four (4) feet vertical to one (1) foot horizontal.

Where ground water is encountered within three (3) feet of finished grade, adequate drainage, approved by the Public Works Director (after consultation with the Town Planner), shall be constructed to lower ground water levels to a depth of at least four (4) feet below finished grade within the street right-of-way.

Where street and shoulder grades require more than two (2) feet of cut or fill, retaining walls may be required along abutting property lines unless an alternative is approved by the Planning Board.

Installation of conduits such as tile, pipe, or tubing beneath the ground surface on a lot for the purpose of lowering the ground water, to intercept or prevent water movement into a wet area, to relieve artisan pressure, to remove surface runoff, to serve as an outlet for other drains, or to replace natural subsurface drainage patterns that are interrupted or discontinued, due to construction operations, shall be allowed only with the permission of the Planning Board. The location and design of lot sub-drains shall be indicated on the Stormwater Management Plan as required in Section 516 - of these Rules and Regulations, and shall be designed according to specifications contained in the Rhode Island Erosion and Sediment Control Handbook, 1989, as amended.

The following specifications for constructions of streets shall be in addition to the Standard Specifications for Road and Bridge Construction, and shall serve to further clarify and explain specific construction requirements in the Town Of Middletown. See Appendix B for a cross section diagram of a typical “standard” street in Middletown.

Section 611.1 - Materials

A. The Base Course shall consist of bank run gravel borrow which conforms to the requirements of subsection M.01.09 Table I, Column I of the R.I. Standard Specifications or as approved by the Town Engineer and Public Works Director.

B. The Base Surface shall consist of processed gravel which conforms to the requirements of subsection M.01.09, Table I, Column II of the R.I. Standard Specifications or as approved by the Town Engineer and Public Works Director.

C. The Binder Course shall consist of Bituminous Concrete Pavement (hot mix) Class I, Type I - 1 conforming to the requirements of subsection M.03.06 of the R.I. Standard Specifications or as approved by the Town Engineer and Public Works Director.

D. The Surface Course shall consist of Bituminous Concrete Pavement (hot mix) Class I, Type I - 1 conforming to the requirements of subsection M.03.06 of the R.I. Standard Specifications or as approved by the Town Engineer and Public Works Director.

Section 611.2 - General Conditions

The developer shall, at all times during construction, ensure that all roads in which he is installing utilities are maintained in passable condition and shall take appropriate measures to eliminate the creation of a dust nuisance during construction. Prior to the construction of any building, the abutting road shall have, at a minimum, the Binder Course installed.

Section 611.3 - Construction Methods

A. Sub-Base

All underground sewer and water lines, utilities, laterals, service lines and related facilities shall be installed prior to any street construction. Following filling and compaction of all utility trenches, the sub-base shall be thoroughly compacted with a ten (10) ton roller or its equivalent, true to the lines, grades and cross sections shown on the approved drawings.

B. Manholes and Catch Basins

If the surface course will not be applied within 90 days following the placement of the Binder Course, sanitary manholes and catch basins shall be installed so that their tops are at Binder Course grade level.

C. Base Course

After the sub-base has been properly prepared and the curbs or shoulders set, the Base Course of bank run gravel shall be spread for the full width and in such volume as to provide an eight (8) inch cross section after compaction with a ten (10) ton roller or equivalent.

D. Base Surface

Following thorough compaction of the Base Course, processed gravel shall be spread for the full width and in such volume as to provide a four (4) inch cross-section after compaction with a ten (10) ton roller or equivalent.

E. Binder Course

The Binder Course shall consist of an application of Bituminous Concrete Pavement (hot mix) Class I, Type I-1 applied as follows:

1. The Base Surface shall be clean of all debris, protrusions shall be removed from any holes, ripples or unevenness in the surface shall be brought back to true line and cross section, prior to Binder Course application.

2. The Binder Course shall be applied at a temperature of 250 - 350 degrees Fahrenheit by means of an approved paving spreader. Such material shall be placed in sufficient quantity to provide a minimum of compacted cross section of one-half (½) inch.

3. Compaction - The Binder Course shall be compacted as specified in section 401.03.11 of the R.I. Department of Transportation Standard Specifications.

F. Surface Course

The surface course shall consist of an application of Bituminous Concrete Pavement (hot mix) Class I, Type I-1, applied as follows:

1. The Binder Course shall be swept clean of all sand and debris. Ripples or unevenness in the surface shall be brought back to true line and cross section by the spot application and proper compaction of Class I mix.

2. The Surface Course shall be applied at a temperature of 250 - 350 degrees Fahrenheit by means of an approved paving spreader. Such material shall be placed in sufficient quantity to provide a minimum of compacted cross section of one and one-half (1 ½) inches.

3. Compaction - The surface course shall be compacted as specified in Section 401-03-11 of the R.I. Standard Specifications. Upon completion of the application and compaction of the Surface Course, the street shall be allowed to stand for a minimum of eight (8) hours without traffic.

Section 611.4 - Traffic Limitation

Traffic passing over constructed streets shall be limited to wheeled vehicles. No tracked equipment shall be permitted.

Section 611.5 - Seasonal Limits

No bituminous material shall be laid when the temperature of the area is forty (40) degrees Fahrenheit and falling or during other unfavorable weather conditions, as may be determined by the Public Works Director.

A. When a public water system is to be utilized, water lines shall be installed, and water stops shall be provided for each lot, in accordance with the rules and regulations of the Newport Water Department, unless otherwise specified by the Planning Board. Fire hydrants shall be installed with a minimum spacing distance of 250 feet in commercial and industrial areas, and 500 feet in residential areas, 18 ft from the center of a standard (26 ft) street or 5 ft from the edge of the roadway when a standard (26 ft) street does not apply, or as directed by the Middletown Fire Department, unless the Planning Board approves otherwise.

B. All water mains shall be public and looped, unless otherwise authorized by the Planning Board. Water serving the subdivision will be obtained from two sources (two different water mains), whenever possible.

A. Sanitary sewers shall be installed by permission of the Middletown Town Council in accordance with the procedures set forth in An Ordinance Regulating the Use of Public Sewers, August 18, 1982, and subsequent amendments thereto.

B. The use and installation of all sewer (lateral mains) drains and connections to existing sewer lines also shall be in accordance with the Rules and Regulations for the Use and Installation of Sewers, August 18, 1982, and subsequent amendments thereto. Sewer mains constructed of PVC pipe located in Town roads shall have a minimum of three (3) feet of ground cover over the pipe. In areas where three (3) feet of cover is not available, ductile iron pipe shall be used. This requirement is imposed to ensure that the sewer line will not be damage by heavy equipment.

A. All electric, telephone, street lighting and communication lines shall be installed underground. In cases where underground installation is not feasible, due to the physical condition of the site of other limiting factors, an alternative location for these lines, including above ground, may be approved by the Planning Board.

B. Installation of all underground utilities shall be performed according to the rules and regulations of the appropriate utility company. Prior to preliminary approval of any subdivision the applicant shall furnish a letter from the appropriate utility companies indicating concurrence with the plan for installation of the utility.

Where deemed necessary by the Planning Board for proper control of traffic or drainage, Cape Cod berm, formed of asphaltic concrete, shall be placed in all streets where concrete or granite curbing is not required. Such curbing shall be installed in accordance with the Typical Street Cross Section, Appendix B, of these Rules and Regulations.

When located within the street right-of-way, sidewalks shall be located as shown in Appendix B. All materials and methods used in the construction of sidewalks shall be in conformance with the Rhode Island Standard Specifications for Road and Bridge Construction. Sidewalks shall be constructed of a four (4) inch thickness of Portland Cement pavement to a minimum width of four (4) feet and shall be set on a minimum sub base of eight (8) inches compacted bank run gravel and a base of four (4) inches of processed gravel.

A. On the side of the road which has the sidewalk, a cement curb cut shall be constructed from the rear of the sidewalk to the edge of the road. This will require a twelve (12) foot section of cement at the curb cut from the road edge to the line. The base of the curb property cut shall be the same as that required for the road. The surface of the curb cut shall be constructed of a four (4) inch thickness of Portland Cement pavement conforming to the sidewalk.

B. On the side where no sidewalk is constructed, asphalt shall extend into the driveway curb cut to the property line. This will require a twelve (12) foot extension of asphalt to the property line. The cross section of the curb cut shall be the same as that required for the road.

See Appendix B for a diagram of the curb cut requirements.

No earth, gravel or sand slope shall exceed a three (3) horizontal to one (1) vertical ratio without the use of cribbing, a retaining wall or similar structure.

The Planning Board may require that surface and sub-surface storm drainage pipes and facilities be installed and connected to dry wells or watercourses, retention, detention or holding ponds, or an existing public storm drainage system. Any connection to an existing public storm drainage system shall be allowed only with the approval of the Planning Board.

Section 620.1 - Earthwork and Drainage

All necessary surface and sub-surface storm drainage structures and facilities shall conform to the R.I. Standard Specifications for Road and Bridge Construction. Such Standard Specifications may be modified at the discretion of the Planning Board.

Section 620.2 - Storm Drain and Sanitary Sewer Manholes/Catch Basins

A. Catch basins shall be R.I. Standard 4.31 Type "R" or as directed by the Public Works Director. Storm Drain Manholes or Catch Basins shall be installed as follows:

1. At maximum distances of three hundred (300) feet between manholes;

2. At all angles in the storm sewer line;

3. At street intersections and all points where catch basins, inlets or laterals are to be connected;

4. At points where the pipe sizes change;

5. At points where the grade of the storm sewer changes.

B. All manholes shall be constructed to R.I. Standard 4.32, 4.33 and 4.34, as directed by the Public Works Director. Sanitary Sewer Manholes shall be installed as follows:

1. At maximum distances of three hundred (300) feet between manholes;

2. At all angles in the storm sewer line;

3. At points where the pipe sizes change;

4. At points where the grade of the sanitary sewer changes.

Section 620.3 - Minimum Cover

All subsurface storm drainage pipes within street rights-of-way shall have a minimum cover of three (3) feet. Where three (3) feet of cover is not feasible, reinforced concrete or cast iron pipes shall be used. All drainage structures and facilities shall be inspected and approved by the Public Works Director before covering.

Section 620.4 - Compaction

Compaction shall be in accordance with R.I. DOT Standard Specifications for Road and Bridge Construction.

Stone, concrete or granite monuments not less than thirty (30) inches in length and four (4) inches X four (4) inches dimension shall be placed along the street right-of-way line at all street intersections, where streets intersect plat boundaries, at all points where there is a change in direction, angle points, or changes in curvature, and at such other locations as the Planning Board may designate. The top of the bound shall be set at the new finished grade.

Where no natural tree growth exists within ten (10) feet of the street right-of-way, the applicant shall be required to plant street trees in accordance with the following standards:

A. Location

Street trees shall be planted within street rights-of-way along the sides of the street pavement and located within the planting strip as shown in Appendix B.

B. Materials

Trees shall be of nursery stock grown under local climatic conditions. Such trees shall be of desirable stock, such as Honeylocust, London Plane, Oak, Selkova, Bradford Pear and Shadblow.

Trees shall be of symmetrical growth, free of insect pests and disease, suitable for street use and durable under normal maintenance. The average trunk diameter measured at a height of six (6) above the finished grade shall be a minimum of two and one-half (2½) inches. Loam shall be clean, of good quality and such fertility and composition that it will continuously support plant growth.

C. Spacing

Trees shall be planted at a distance of not less than fifty (50) feet and not more than seventy-five (75) feet apart along each side of the street pavement, except as allowed by the Planning Board. At street corners, trees shall not be planted within twenty-five (25) feet of the intersecting right-of-way lines.

D. Tree Pits

The diameter of tree pits (if required) shall be at least six (6) inches greater than that of the root spread; shall have vertical bricked-in sides and shall be at least twenty-four (24) inches below finished grade.

E. Planting

Each tree shall be planted plumb slightly lower than when it stood in the nursery (in relation to the finished grade) and shall be thoroughly watered when the hole is two-thirds (2/3) full of loam. After watering the filling shall be completed and the loam thoroughly stamped. After planting, a three (3) inch mulch of well-seasoned manure or peat shall be applied over the disturbed ground and shallow watering basing provided around the tree.

F. Staking

Each tree shall be double staked in such a manner as to insure maximum stability and to prevent whipping of the tree in high winds. Such double staking shall be accomplished with a pair of two and one-half inches by eight feet (2½" X 2½" X 8') stakes driven plumb two and one-half (2 ½) feet into the ground, and tied at the tops and bottoms with figure eight hitches of #14 gauge wire encased in rubber hose or its equivalent.

G. Maintenance

All trees shall be watered until suitable maintenance is provided by the occupants of the properties.

H. Season Limits

Planting shall be done during the proper seasons. No planting shall be done in frozen soil or during unfavorable weather conditions.

I. Other

Where trees will be subject to more than occasional salt spray and high winds, the more salt-resistant trees such as the Sycamore (a. pseudoplatinus) Maple shall be planted.

Street name and traffic control signs, with supports, of a type acceptable to the Public Works Director, shall be provided and erected by the applicant at each street intersection in the subdivision. Traffic control sign locations shall be specified by the Chief of Police and recorded in the NOTE section of the plans. A portion of the Performance Bond shall be retained until street signs are erected.

As-Built Drawings will be provided by the Applicant as follows:

A. Within fifteen (15) days of completion of the sanitary sewer installation, a set of progress drawings showing all sewer laterals located by depth and measurement to the two (2) lot corners fronting on the road will be provided to the Public Works Director. The Public Works Director will not issue any sewer hook-up permits until these prints are received.

B. Within thirty (30) working days of completion of construction of all required improvements, a mylar (not sepia mylar) will be provided to the Public Works Director. Additionally, a complete set of As-Built Drawings, showing all changes made to the original construction plans, will be provided to the Public Works Director and Town Planner. The As-Built Drawings must be marked "As-Built Drawing" and must be certified by a registered professional engineer or registered land surveyor.

Limited access gates proposed as part of new development, which obstruct fire/police department access to the development shall be installed and maintained in accordance with the following provisions:

A. Two sets of plans drawn to scale for plan review and approval shall be submitted to the Building Official prior to installation.

B. Annual testing and certification is required for limited access gates which obstruct fire apparatus access roads and which open electro-mechanically, using an approved Middletown Fire Department radio receiver and transmitter.

C. Design. Limited access gates that obstruct fire/police department access shall:

1. Be set back a minimum of 20 feet from public access roadways.

2. Provide an opening of 20 feet in width.

3. Open electro-mechanically using an approved Middletown Fire Department radio receiver and transmitter when installed at residential occupancies (to include apartments, hotels/motels, gated residential communities, etc.), institutional occupancies, and other locations when, in the opinion of the fire chief, life safety needs must be addressed. When approved by the Fire Chief, general business occupancies may utilize manual entry equipment, such as a Fire Department approved key access system padlock and chain.

Each radio receiver shall comply with the following design criteria:

a. Consist of a multiple channel modular receiver. Each channel shall be preset to a specified code designated by the Fire Chief

b. Be equipped with one external, weather-tight, antenna assembly;

c. Be equipped with a flasher unit and external lamp assembly with a red globe and guard. This shall be clearly visible from the entry side of the gate;

d. Be located so that it can receive a clear signal from the transmitter when activated from inside responding emergency vehicles from a distance of 100 feet ;

e. Shall override all other opening systems;

f. Be protected from weather and physical damage; and

g. When activated, the gate shall open at a minimum speed of 1 foot per second and remain open until closed by the fire department.

4. A manual back-up system shall be provided for all electro-mechanical gates.

a. A fail-safe manual back-up system shall be installed to allow access through the gate in the event of operational failure.

b. This manual system shall be designed to be clearly visible and easily accessible from the entry side of the gate and to open manually by one person removing the Fire Department approved key access system padlock and/or pin that is secured in the arm.

5. Pedestrian walkway gates. Limited access gates may be installed across pedestrian walkways provided they swing in the direction of egress travel. Gates serving as part of a required means of egress shall also comply with the Rhode Island Fire Safety Code.

D. Maintenance. The gate opening systems shall be serviced on a regular basis and maintained in an approved operating condition.

1. The mechanical and electrical components shall be serviced on a regular basis and maintained in an approved operating condition.

2. A power supply shall be maintained to electronic components at all times.

E. Performance test required.

1. The property owner shall be responsible for scheduling an annual performance test to be conducted by the Fire Department to verify proper operation of equipment.

2. Upon failure of the performance test, the security gate system shall be disabled and maintained in the open position until repaired and approved by the Fire Chief.

As a condition of final approval of a subdivision plan or approval or recommendation on a Development Plan Review application, the Board shall require the applicant to demonstrate that all of the infrastructure and landscape improvements required by these Rules and Regulations have been satisfactorily completed and installed, or to guarantee that such improvements will be satisfactorily completed and installed within the time period established by these Rules and Regulations, in which case the Board shall require the applicant to file a bond, surety or other security acceptable to the Finance Director. Unless security is posted, all required improvements must be completed prior to the recording of the final plan in the case of a subdivision or land development project, and prior to the issuance of a Certificate of Occupancy in the case of a project that has gone through the Development Plan Review process. The Board shall also require a maintenance bond for such improvements pursuant to these Rules and Regulations.

The permitting authority shall specify the required security which shall provide for and secure to the Town of Middletown the actual construction and installation costs of the public infrastructure and all landscape improvements shown upon final subdivision or development plans. The form of security shall be one or a combination of the following: performance bond, cash/cashier’s check, or mortgage deed in a form acceptable to the Town Solicitor. The required security shall guarantee the completion of construction or installation of all improvements, including landscaping, in accordance with the approved plans. All construction shall be inspected and approved under the direction of the Town Engineer, Public Works Director, Building Official, Town Planner, and/or Tree Warden, as applicable.

The applicant shall submit to the Town Planner prior to the submission of any final plan for recording in the case of subdivision or land development project, or plans seeking building permits in the case of a project approved under the Development Plan Review process on Form 1Appendix A, the written itemized estimate of the cost of all required infrastructure and landscape improvements, including labor and materials. Estimates for labor costs shall be based on prevailing wage rates. Such estimate shall be reviewed by the Town Engineer, and/or Tree Warden in the case of a landscape plan, who shall recommend to the permitting authority an amount estimated to be sufficient to cover the cost of improvements as contained on Form 1 (Appendix A, § 9). The recommended estimate(s) shall be advisory in nature and shall not bind the permitting authority to acceptance of said estimate(s). The amount of security required shall equal at least 125% of the cost estimate approved by the permitting authority.

Section 703.1 - Security Duration

The term of duration of the security shall begin with the date of endorsement of the final subdivision or development plan for a land development project by the permitting authority or approval of the development plan review by the permitting authority, as applicable.

Section 703.2 - Security Release

Release of Security shall be conditioned on the completion of required improvements to the land within two (2) years of the date of endorsement of the final subdivision or development plan or approval of the development plan review by the permitting authority.

Section 703.3 -Inspection and Certification

Upon completion of all required improvements to the land, the applicant shall submit a request for certification to the Town Planner. The Town Planner shall forward the request to the appropriate town official(s), who shall conduct inspections and certify that all required improvements as shown on the Planning Board approved plans have been installed in accordance with required specifications and town regulations and within the specified time period. In the case of certification of installation of required landscaping, inspection shall be performed by the Tree Warden. The applicant must also submit certification of completion from the appropriate utility companies. Such certifications from utility companies shall be provided, in writing, to the Town Engineer and Town Planner. The applicable town official(s) shall review the request for certification, inspect the improvements claimed to have been made, and provide certification of completion, in writing, or inform the developer of any deficiencies in writing, within thirty (30) days of receiving the request. A copy of the certification(s) or notification of deficiencies shall be provided to the Planning Board. The applicant shall be responsible for the cost of all inspections and certifications.

Section 703.4 - Phased Developments

In the cases of developments and subdivisions which are being approved and constructed in phases, the permitting authority shall specify improvement guarantee requirements related to each particular phase.

Section 703.5 - Planning Board Recommendation to Town Council

The Planning Board shall review and confirm certifications of completion from town officials and utility companies. When it certifies that all required improvements have been made in a satisfactory manner the Planning Board shall release the remainder of the improvement guarantee and file a recommendation to the Town Council regarding the acceptance for maintenance of any street, open space or other public improvement. Prior to taking action to release the security the Planning Board shall notify the owners of all lots within the subject subdivision, where applicable, and all owners of property abutting the subject property of the pending action. Said notice shall be sent by first-class mail at least fourteen (14) days prior to the Planning Board meeting at which the release of security will be considered, and shall specify the date, time and location of said meeting. Furthermore, at least fourteen (14) days prior to the Planning Board meeting at which the release of security will be considered, the Planning Board shall notify the Middletown Roads & Utilities Advisory Committee of the pending action, and invite comments regarding the status and condition of the required improvements. The lack of comments from the Roads & Utilities Advisory Committee shall not be cause for delay in the action by the Planning Board to release the improvement guarantee.

Section 703.6 - Maintenance Bond

Prior to release of performance security and acceptance of the public improvements for maintenance by the town, the applicant must file with the Finance Director a maintenance bond equal to at least ten (10) percent of the total initial security amount excluding the amount allocated for landscaping, guaranteeing the proper functioning and durability of all improvements except landscaping for a period of one (1) year after the date of their acceptance by the Town Council. Provided however, that the Planning Board shall have the discretion, based on the recommendation of the Town Engineer and/or the Public Works Director, to increase the required amount of the maintenance bond to an amount deemed necessary to ensure proper functioning and durability of all improvements.

Section 703.7 - Landscape Maintenance Bond

After certification of completion, but prior to release of performance security related to landscaping, the developer shall file with the Finance Director a maintenance bond equal to at least the total cost of the initial installation of the landscaping as evidenced through invoices for the installation. The Tree Warden shall review invoices and provide a recommendation as to the adequacy of the proposed maintenance bond. The bond shall guarantee the proper maintenance and durability of all landscaping as well as any replacement, as needed, for a period of one (1) year from the date of the release of performance security by the Planning Board.

Section 703.8 - Release of Responsibility

Sixty days before the expiration of the maintenance bond, the applicant shall submit to the Town Planner a request for inspection of all required improvements. The Town Planner shall forward requests for inspection to the Town Engineer and/or Tree Warden in the case of a landscape maintenance bond. If such inspection reveals deficiencies, the Planning Board, on written request of the applicant, may grant an extension of not more than 90 days to correct the deficiencies identified during the inspection. Upon expiration of said maintenance bond and correction of any deficiencies in the required improvements, the Planning Board will release the maintenance bond, and will notify the Finance Director of said release. The applicant shall be responsible for the cost of all inspections and certifications.

Section 703.9 - Partial Release of Security

The Planning Board may, at its discretion, approve partial release of security to cover the cost of remaining improvements, at any time by notification to the Finance Director, who will so inform the surety company, or take the required action to release the appropriate amount of the security held. However, no amount of the security may be released prior to installation of the binder course of road pavement in the portion of the subdivision subject to the request partial release. A request from the developer for a partial release of security shall be accompanied by an estimate of the cost to complete the remaining improvements, as required by the approved plan. The estimate shall be reviewed and approved by the appropriate town official prior to the Planning Board taking action on the request. The amount of security retained by the Town must, at a minimum, equal 125% of the amount needed to complete all remaining improvements. All developer requests for partial release must equal at least 20% of the security then held by the Town. Prior to acceptance of the improvements by the Town, no more than 80% of the initial security shall be released.

If, due to circumstances beyond the control of the applicant, the construction of required improvements to the land cannot be completed within the prescribed time, the Planning Board may grant a time extension for legitimate reason, for a period of time determined by the Planning Board, to be appropriate to ensure satisfactory completion of all improvements. During such time extension, all guarantees shall remain in full force. Such requests for an extension of time shall be made in writing to the Planning Board at least sixty (60) days prior to expiration of the original security.

Section 705.1 - Condition of Default

The Town of Middletown shall hold the applicant and surety in default of guarantee should any one or more of the following conditions occur:

A. Failure to meet all specifications for construction or required improvements to the land.

B. Failure to properly notify the Town Engineer or Public Works Director on the beginning and completion of all phases of construction of required improvements to the land.

C. Failure to protect existing improvements and/or properly repair such improvements should any damage occur during the construction within the subdivision.

D. Failure to remove debris from the side and adjacent area immediately and upon completion of construction within the subdivision and/or as directed by the Public Works Director.

E. Failure to complete the required improvements to the land within the time prescribed by these Rules and Regulations.

F. Failure to have all construction properly inspected by the Town Engineer, Public Works Director and/or Tree Warden, as applicable.

Section 705.2 - Certificate of Default

Should any of the conditions cited in Section 705.1 above occur, the Town Engineer, Public Works Director or Tree Warden, as applicable, shall certify, in writing, to the Planning Board that the developer has not complied with the requirements of these Rules and Regulations. The applicable town official(s) shall further certify the extent of non-compliance and the conditions thereof.

Section 705.3 - Execution of Guarantee

The Planning Board shall, under provisions of the General Laws of Rhode Island, Section 45-23-46, as amended, execute only that portion of the guarantee which shall be necessary to correct the deficiency for which the developer and surety are held in default.

Section 705.4 - Payment by Surety

Upon notification to the surety by the Planning Board that the developer has been held in default of guarantee, the surety shall promptly pay to the Town of Middletown that portion of the guarantee which shall be deemed necessary to correct the deficiency for which the developer and surety are held in default.

Section 705.5 - Insurance

The applicant shall be required to provide to the Town insurance sufficient to indemnify the Town of Middletown against any claims for damage to property or personal injury which may occur on the property being subdivided or developed as a result of construction activity required as a condition of approval. Such insurance shall be submitted to the Finance Director for review prior to endorsement of the plat by the Planning Board, and shall remain in full force and effect during the construction period.

A. Whoever being the owner, or agent of the owner, of any land within a subdivision in the Town Of Middletown transfers, sells, or negotiates to sell any land, by reference to or exhibition of or by other use of a plat of such subdivision before such plat has been approved by the Planning Board and has been recorded, shall be subject to a penalty of up to five hundred dollars ($500) for each lot so transferred, sold or negotiated for sale, and the description of such lot by metes and bounds in the instrument of transfer or other document used in the process of transferring or selling shall not except the transaction from such penalties or from the remedies herein provided.

B. The Town of Middletown may enjoin such transfer or sale of agreement by action for injunction brought in the Superior Court for Newport County, or may recover such penalty by an action of the case in any court of competent jurisdiction or may pursue both of such remedies. (Title 45, Chapter 23, Section 59 of the General Laws of Rhode Island, 1992)

Any sale of land, subdivided in violation of the provisions of these Rules and Regulations, shall be voidable at the option of the purchaser thereof, and shall subject the seller thereof to the forfeiture of any and all consideration received or pledged therefore, together with any damages sustained by the purchaser, who may maintain any action of the case to recover any amounts due him/her under the provision of Title 45, Chapter 23, Section 59 of the General Laws of Rhode Island, 1992.

The Zoning Board of Review of the Town of Middletown, as the same may be legally constituted from time to time, hereinafter referred to as the Zoning Board of Review, shall constitute and act as the Board of Review prescribed by Title 45, Chapter 23, Section 57 of the General Laws of Rhode Island, 1956, and shall have all the power and authority and be subject to all duties provided for said Board of Review by said Chapter 23, and all amendments thereto.

The Zoning Board of Review may, in appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to the Rules and Regulations of said Planning Board in harmony with the general purpose and intent of such Rules and Regulations, or where exception is reasonably necessary for the convenience or welfare of the public; and shall have the following powers:

A. To hear and decide appeals where it is alleged there is error to any order, requirement, decision or determination made by the Planning Board in the enforcement of the Rules and Regulations.

B. To hear and decide special exceptions to the terms of the Rules and Regulations upon which such Board is authorized to pass.

C. To authorize upon appeal, in specific cases, such variance in the application of the terms of the Rules and Regulations as will not be contrary to public interest where, owing to special conditions, a literal enforcement of the provisions of such Rules and Regulations will result in unnecessary hardship and so that the spirit of the Rules and Regulations shall be observed and substantial justice done.

D. In exercising the powers mentioned above, the Zoning Board of Review may, in conformity with the provisions of the General Laws of the State of Rhode Island, 1956 (45-23), reverse or affirm, wholly or partly, or may modify the decision appealed from, and make such order requirement, decision or determination as ought to be made and, to that end, shall have all the powers of the Planning Board from whom the appeal was taken.

E. The concurring vote of three (3) members of the Zoning Board of Review shall be necessary to reverse any decision or determination of the Planning Board.

A. Appeals from decision of Administrative Officer.

1. Decisions by the Administrative Officer approving or denying projects under Sections 406 and 1006 of these Regulations (R.I.G.L. §§ 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 R.I.G.L. § 45-23-71.

a. 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 R.I.G.L. § 45-23-66. The appeal must be taken within twenty (20) days after the decision has been recorded in the town's land evidence records and posted in the office of the Town Clerk.

b. 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 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.

c. 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.

a. 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.

b. 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.

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 R.I.G.L. § 45-23-70(d) shall be maintained by the Board of Appeal.

4. Standards of Review.

a. 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.

b. 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.

c. 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.

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.

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 Sections 406 and 1006 of these Regulations (R.I.G.L. §§ 45- 23-38 or 45-23-50) where authorized to approve or deny any application, a decision of the Technical Review Committee, or a decision of the Planning Board, to the superior court for Newport County by filing a complaint stating the reasons 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.

2. 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.

3. The review shall be conducted by the superior court without a jury. The court shall consider the record of the hearing before he Planning Board and, if it appears 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.

4. 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 of modify the decision if substantial rights of the appellant have been prejudiced because of findings, inferences, conclusions or decisions which are:

a. In violation of constitutional, statutory, ordinance or Planning Board regulations provisions;

b. In excess of the authority granted to the Planning Board by statute or ordinance;

c. Made upon lawful procedure;

d. Affected by other error of law;

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

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

The Town Planner shall act as the Administrative Officer and shall have responsibility to:

A. Administer these Rules and Regulations for the subdivision and development of land.

B. Oversee and coordinate the review, approval, recording and enforcement provisions of these Rules and Regulations.

C. Review and approve/disapprove Administrative Subdivisions.

D. Serve as the chair of the Technical Review Committee, should one be established.

E. Coordinate site plan reviews of proposed development projects referred by the Zoning Board of Review.

F. Coordinate reviews of proposed land development projects and subdivisions with adjacent municipalities, as necessary, to be consistent with federal, state and local laws, as directed by the Planning Board.

In addition to the fees required for the review stages for subdivision approval, fees in an amount not to exceed actual costs incurred for consultants or other assistance for the adequate review and hearings of applications, issuance of permits and the recording of decisions shall be paid by the applicant. In the case of reviews conducted in response to the Zoning Board of Review, costs associated with each review shall be paid by the applicant.

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. Modification of Final Approval. If the Planning Board, in its review of the final subdivision plat, modifies and approves a final plat, the Board shall notify the applicant of such action by certified or registered mail, of such modification and approval. If the applicant shall, within sixty (60) days of the receipt of such notice, comply with such modification and file an amended plat, such plat shall be deemed to be approved, subject to the requirements and responsibilities as further set forth in these Rules and Regulations.

F. The date of completion of final review shall be construed as the date of the satisfactory filing of the amended plat.

A. Zoning Board

1. Where an applicant requires both a variance from the local Zoning Ordinance and Planning Board approval, the application shall be reviewed under unified development review.

2. Where an applicant requires both a special use permit under the local Zoning Ordinance and Planning Board approval, the applicant shall be reviewed under unified development review.

B. Town Council

1. 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 from the Planning Board, as well as conditional Planning Board approval for the first approval stage of 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).

A. All approved final plans and plats for land development and subdivision projects shall be signed by the appropriate Planning Board official with the date of approval. Plans and plats for major land developments and subdivisions shall be signed by the Planning Board chairperson or secretary 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 secretary or the Board's designated agent.

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, 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.

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 approval set of drawings shall be kept permanently by the municipal departments responsible for implementation and enforcement.

D. The Administrative Officer shall coordinate with the Fire Chief to ensure notification of the statewide “911" emergency authority and the police department servicing the new plat with the information required by each of the authorities.

For all changes to the approved recorded plans of land development projects or subdivisions subject to this act, an amendment of the final development plans is required prior to the issuance of any building permits. The procedure for approval and the categorization of whether such change is minor or major shall be in accordance with R.I.G.L. §§ 45-23-38(h), 45-23-39(f) or 45-23-50(j), whichever is applicable based on the underlying type of application. Any such 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 Section905.

The following requirements shall be adhered to when completing the process of subdivision plan review through subdivision completion.

A. Endorsement of Final Plat Plans

Mylars and associate materials shall be submitted, to the administrator officer, for endorsement by the appropriate official. The Administrative Officer shall advise the applicant when the plans have been endorsed after which the applicant shall record the plat and associated material. In those instances where an applicant chooses to complete the actual construction of required improvements prior to recording the subdivision, the mylar and associated material shall be submitted for endorsement within thirty (30) days of approval of the improvements (by the Town).

B. Construction Commencement

Subdivision construction shall commence within one (1) year of final plat approval by the Planning Board. If subdivision construction is not commenced within the year, the applicant shall be required to reapply, to the Planning Board, for final plat plan review and approval.

C. Construction Completion

Subdivision improvements construction shall be completed within two (2) years of final plat approval by the Planning Board. If, due to circumstances beyond the control of the applicant, construction cannot be completed on time, the Planning Board may grant an extension of time. (See Section 704 -"Extension of Time")

A. There is hereby established a Technical Review Committee (TRC) in accordance with R.I.G.L. § 45-23-56, the members of which are appointed by the Town Council. The TRC is responsible for conducting technical review of all applications subject to the jurisdiction delegated under Zoning Ordinance Section 304.

B. The TRC shall consist of four (4) members, including Administrative Officer, Building/Zoning Official, Town Engineer, and Director of Public Works.

C. The Planning Board shall adopt written procedures establishing the Committee’s responsibilities.

D. The Administrative Officer shall serve as chair of the TRC.

E. Recommendations of the TRC to the permitting authority shall be in writing and kept as part of the permanent record of the development application. In no case shall the recommendations of the Technical Review Committee be binding on the Planning Board in its activities or decisions. The recommendation of the TRC shall be made available to the applicant prior to a decision by the permitting authority.

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 in Sections 406, 407 and Article 10 of these regulations, 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 that meets the requirements of subsection (5) of this section shall be held prior to consideration of the preliminary plan by the relevant permitting authority. The authorized permitting authority shall conditionally approve or deny the request(s) for the variance(s) and/or special-use permit(s) before considering the preliminary plan application. 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 that meet the requirements of subsection (5) of this section shall be held prior to consideration of the preliminary plan by the Planning Board; see R.I.G.L. § 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.

a. Master plan. Except for dimensional relief granted by modification, requests for variances for relief from the literal requirements of the zoning ordinance and/or 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 request that meets the requirements of subsection (e) of this section, 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.

b. 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, that meets the requirements of subsection (5) of this section, 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 mandated by Section 407 of these regulations 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, held pursuant to subsection (a)(1) of this section. The public hearing must meet the following requirements:

a. Public hearing notice shall adhere to the requirements found in R.I.G.L. § 45-23- 42(b).

b. The notice area for notice of the public hearing shall include all property located in or within not less than two hundred (200) feet 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).

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

d. 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 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 R.I.G.L. § 45-23-71.

The following categories of projects shall be subject to the provisions of this chapter:

1. Developments specified in Section 306 of the Zoning Ordinance, Chapter 152, or where otherwise called for in the Zoning Ordinance.

2. A change in use at the property where no extensive construction of improvements is sought.

3. An adaptive reuse project located in a commercial zone where no extensive exterior construction of improvements is sought.

4. An adaptive reuse project located in a residential zone which results in less than nine (9) residential units.

5. Development in a designated urban or growth center.

6. Institutional development design review for educational or hospital facilities.

a. Permitting authority. The Administrative Officer shall approve administrative projects submitted, and the Planning Board shall approve formal projects as described herein.

b. Development plan review consists of two review processes, administrative and formal.

1. Administrative development plan review consists of one stage of review and the authorized permitting authority is the Administrative Officer. The following activities are subject to administrative development plan review:

i. Developments specified in Section 306(A)(4) of the Zoning Ordinance.

ii. A change in use at the property where no extensive construction of improvements is sought.

2. Formal development plan review consists of the preliminary stage and final stage of review. The authorized permitting authority is the Planning Board. The following activities are subject to formal development plan review:

i. All items under Zoning Ordinance Section 306(A) not identified for administrative review.

ii. An adaptive reuse project located in a commercial zone where no extensive exterior construction of improvements is sought.

iii. An adaptive reuse project located in a residential zone which results in less than nine (9) residential units.

iv. Development in a designated urban or growth center.

v. Institutional development design review for educational or hospital facilities.

3. The Administrative Officer may combine the stages of review for formal development plan review, providing that the submission requirements of both stages of review are met by the applicant to the satisfaction of the Administrative Officer.

a. Requirements for development plan approval may be waived 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 permitting authority identified in this article, 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.

b. The application for a waiver of development plan approval review shall include documentation on prior use of the site, the proposed use, and its impact.

c. The permitting authority may grant waivers of design standards. See Section 1009.

1. Applications under this article require relief which qualifies only as a modification may proceed by filing an application 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 as to completeness as determined in this article. If the modification is denied or an objection is received as set forth in Zoning Ordinance Section 906, such application shall proceed under unified development review and be reviewed by the Planning Board.

2. 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 review, and a request for review shall accompany the preliminary plan application.

a. Any applicant requesting approval of a proposed development under this chapter, shall submit to the Administrative Officer the items required by the checklist contained in Appendix A of these Regulations.

b. Requests for relief from the literal requirements of the zoning ordinance and/or for the issuance of special-use permits or use variances related to projects qualifying for development plan review shall be submitted and reviewed under unified development review.

a. The application shall be certified, in writing, complete or incomplete by the Administrative Officer within twenty-five (25) days. If no street creation or extension is required, and/or unified development review is not required. the application shall be certified complete or incomplete by the Administrative Officer within fifteen (15) days. If an applicant also submits for a modification to the zoning enforcement officer, the running of the time period set forth herein will not begin until the decision on the modification is made.

b. The running of the time period set forth in this section will be deemed stopped upon the issuance of a written 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.

c. If the Administrative Officer certifies the application as incomplete, the officer shall set forth in writing with specificity the missing or incomplete items.

a. Administrative development plan review. An application shall be approved, denied, or approved with conditions within twenty-five (25) days of the certificate of completeness or within any further time that is agreed to in writing by the applicant and Administrative Officer. The Administrative Officer may refer the application to the Technical Review Committee for review and recommendation.

b. Formal development plan review.

1. Preliminary plan. Unless the application is reviewed under unified development review, the Planning Board 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 permitting authority. The Planning Board shall hold a public hearing consistent with the notice requirements of § 320(A) of Chapter 152. The Administrative Officer shall refer the application to the Technical Review Committee for review and recommendation.

2. Final Plan. For formal development plan approval, the permitting authority shall delegate final plan review and approval to the Administrative Officer. The Officer will report its actions in writing to the Planning Board at its next regular meeting, to be made part of the record. Final plan shall be approved or denied 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, in writing.

c. Failure to act. Failure of the permitting authority 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 shall be issued on request of the application.

d. Vested rights. Approval of development plan review shall expire two (2) years 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 an additional period upon application to the Administrative Officer or permitting authority, whichever entity approved the application, upon a showing of good cause.

e. 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 an additional Planning Board meeting. 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 if the permitting authority is not the Administrative Officer. Minor changes shall include:

i. Changes to correct typographical errors

2. Denial of the proposed change(s) shall be referred to the permitting authority for review as a major change.

3. Major changes to the plans approved at any stage may be approved only by the permitting authority and must follow the same review and hearing process required for approval of preliminary plans. which shall include a public hearing, if originally required as part of the project’s approvals. Major changes shall include any change not classified as a minor change.

4. The Administrative Officer shall notify the applicant in writing within fourteen (14) days of submission of the written request for a change if the Administrative Officer determines that there has been a major change to the approved plans.

f. Appeal. A decision under this section shall be considered an appealable decision.

The decision by the Planning Board shall be binding upon the permitting authority, specifically that officer responsible for issuing the building permit or certificate of occupancy. Such decision shall be in writing and shall comply with all requirements of these Regulations, including those for filing of records and decisions.

The permitting authority may not issue a permit contrary to the decision of the Planning Board, but such decision may be considered an appealable decision, appealable to the Zoning Board of Review, pursuant to the procedures set forth for the review of a decision of the Planning Board.

The design standards against which development plan applications are reviewed are those applicable to the subject application as set forth in Article 5 of these Regulations.

The Planning Board may consider requests for waivers from the design standards in Article 5 of these Regulations, subject to § 307 of the Zoning Ordinance and Section 908 of these Regulations, if the standard or standards to be waived are neither specifically referenced as a requirement by, nor substantially similar to a requirement in, the Zoning Ordinance. For all waiver requests the Planning Board shall hold a public hearing preceded by notice consistent with the requirements of Zoning Ordinance, § 320(A).

This appendix provides forms and checklists required when submitting a request for subdivision of land. Checklists for the various subdivisions and forms related to the subdivision submission process may be found as follows.

Section Form/Checklist

1 APPLICATION FOR LAND DEVELOPMENT PROJECT/SUBDIVISION/DPR CERTIFICATE OF COMPLETENESS

2 ADMINISTRATIVE SUBDIVISION SUBMISSION CHECKLIST

3 MINOR SUBDIVISION SUBMISSION CHECKLIST REQUIRED ITEMS

4 MAJOR SUBDIVISION SUBMISSION CHECKLIST REQUIRED ITEMS

5 MINOR LAND DEVELOPMENT PROJECT SUBMISSION CHECKLIST REQUIRED ITEMS

6 MAJOR LAND DEVELOPMENT PROJECT SUBMISSION CHECKLIST REQUIRED ITEMS

7 DEVELOPMENT PLAN REVIEW SUBMISSION CHECKLIST REQUIRED ITEMS

This appendix contains drawings depicting the specifications for required improvements and other graphic information.

Section Drawing

1 TYPICAL STREET CROSS SECTION DETAIL

2 TYPICAL DRIVEWAY CURB CUT DETAIL

3 CUL DE SAC DETAIL

4 RIVERINE FLOOD HAZARD AREAS

Step 1 - Analyze the Site

The first step is to inventory existing site features, taking care to identify sensitive and noteworthy natural, scenic and cultural resources on the site, and to determine the connection of these important features to each other and strategies for protection.

Step 2 - Evaluate Site Context

The second step is to evaluate the site in its larger context of the neighborhood and Town by identifying physical (e.g., stream corridors, wetlands), transportation (e.g., street and bicycle networks), and cultural (e.g., open spaces, recreational opportunities) connections to surrounding land uses and activities.

Step 3 - Designate Potential Conservation Areas

The third step is to identify the areas on the site to be preserved on the site as open space. The open space shall at a minimum include portions of the site that are unsuitable for development and which constitute the most sensitive and noteworthy natural, cultural and recreational resources of the site. Where appropriate, areas that serve to extend neighborhood open space networks to/from surrounding property shall be identified. The designation of open space shall reflect consistency with the Middletown Comprehensive Plan.

Step 4 - Determine Maximum Number of Units

At the master plan stage for major subdivisions and major land development projects, and at the preliminary stage for minor subdivisions and minor land development projects, the applicant and Planning Board shall agree upon an initial number of dwelling units and total square foot area of non-residential uses that will be permitted in the conservation development or subdivision, using the Yield Plan approach as described in Section 10-10.6 or the density calculations specified in Article 25 of the Zoning Ordinance for the MXD zoning districts.

Step 5 - Locate Development Areas and Explore Conceptual Alternatives

The sixth step is to locate development areas and specific building sites, using the proposed open space as a base map as well as other relevant data on the Existing Resources and Site Analysis Map. The design shall take into account the potential negative impacts of development on nearby conservation areas as well as the potential positive benefits of such locations to provide attractive views and visual settings for residences, with emphasis on consistency with Middletown's character.

Step 6 - Locate the Building Sites

The sixth step is to locate building sites, using the proposed open space as a base map as well as other relevant data on the Existing Resources and Site Analysis Map. The design shall take into account the potential negative impacts of development on nearby conservation areas as well as the potential positive benefits of such locations to provide attractive views and visual settings for residences, with emphasis on consistency with Middletown's character.

Step 7 - Lay Out Streets, Trails and Other Infrastructure

Upon designation of the building sites, a street plan shall be designed to provide vehicular access to each building, complying with the standards herein and bearing a logical relationship to topographic conditions. Detailed information regarding stormwater drainage, water supply and sewage disposal, trails, sidewalks and other infrastructure are also provided during this step.

Step 8 - Design and Program Open Space

Details regarding the use, design, ownership and management of proposed open spaces shall be developed during the review process. Starting with conceptual proposals at the early stages of review, the function of open space areas shall be developed and refined. Based on review by the Planning Board and other reviewers, these concepts shall be clarified during the review process to establish as clear an approach to the use and maintenance of open space as it does for development areas.

Step 9 - Draw in the Lot Lines

Upon completion of the preceding 8 steps, the next step is simply to draw in the lot lines to delineate the boundaries of individual residential lots (if applicable).

Step 10 - Establish Ownership and Management of Open Space and Other Community Elements

At the time of preliminary review for major land development projects or major subdivisions, or at the time of final review for minor land development projects or minor subdivisions, a more detailed open space use and management plan as described in Section 10-10.7.A shall be submitted.

Conclusions/Outcomes form Pre-application Review

• Agreement on areas for further investigation, necessary detail of field surveys, etc.

• Approximate location of natural, cultural and recreational resources and agreement on town's priorities for resource protection in the areas of the site.

• Understanding of resource systems within the site's larger context.

• Preliminary location of potential conservation and development areas.

• Agreement on approach to determining maximum number of units.

• Schedule for the site visit(s)

• Agreement regarding the consultants, if any, the community will use to assist in the review process.

Conclusions/Outcomes from Site Visit

• Agreement on areas for further investigation, necessary detail of field surveys, etc.

• Agreement on general location of natural, cultural and recreational resources within the site and the need for further surveys.

• Review of general boundaries of potential conservation and development areas.

• Agreement on the general visual and social character of the neighborhood, and the type of development that would best fit in.

Conclusions/outcomes from Master Plan Review

• Areas for further investigation, soil tests, borings, necessary detail of field surveys, Etc. to be done for the Preliminary Plan submission.

• Location and function of natural, cultural and recreational resources.

• Function and value of resource systems within the site's larger context

• Location of potential conservation and development areas

• Maximum number of units

• Design and uses of open space areas, trail connection, and other shared amenities

• Location and design of streets, homes and other elements

• Criteria for establishing lot lines, pending further site surveys and analysis

• Ownership, maintenance and management responsibility of open space areas

• Relevant town goals for the area.

PARALLEL REFERENCES FOR SUBDIVISION REGULATIONS