Development plan review
A. Purpose. The purpose of the development plan review is to insure compliance with the comprehensive plan and protect the health, safety, convenience and general welfare of the inhabitants of the town by providing a review of plans for uses and structures which may have significant impacts on traffic, municipal and public services and utilities, environmental quality, community economics and public health.
B. Approval required. Procedures for approval are as follows:
(1) Administrative approval required. Any construction of a structure, group of structures, alteration, improvement or change of use of a building or property which does not meet the criteria for planning commission review shall require development plan approval by the director of planning and development including:
(a) Any structure or group of structures proposed for commercial or industrial use containing less than 50,000 square feet of total floor area under the same ownership or contiguous lots;
(b) Any structure or group of structures proposed for a mixed use development less than 100,000 square feet of total floor area under the same ownership or contiguous lots; and
(2) Planning commission approval required. Any construction of a structure, group of structures, any alteration or improvement or change of use of property for commercial or industrial use as described in B.(1)(a) of this section which is located in a groundwater recharge and wellhead overlay district shall require development plan review and approval by the planning commission.
(3) Activities exempt. The administrative officer may determine that developments that meet the following criteria are exempt from the requirements of the development plan review, except where the approval of the zoning board of review is required or for multifamily developments or developments in a groundwater recharge or wellhead area where planning commission approval is required:
(a) Alterations or enlargements, individually or collectively, of an existing structure where the expansion or change is less than 25 percent of the original footprint as of the date of passage of this ordinance or 2,500 square feet from the original footprint, whichever is less; and
(b) A change or expansion in use where an increase in required parking results in the addition of no more than five spaces.
(4) Quonset Business Park. Pursuant to section 21-100(c) of the zoning ordinance, development proposals in the QBP are not subject to development plan review but shall be reviewed under the procedures and standards located in the Quonset Business Park Development Package (September 2005, amended in September 2008, and as subsequently amended) consistent with the memorandum of agreement (dated December 15, 2010, and as subsequently amended).
C. Approval required prior to building permit. Approval shall be required prior to building permit issuance in accordance with the following:
(1) No building permit shall be issued for and no person shall undertake any use or improvement subject to this section until development plan approval has been granted by the planning commission or the administrative officer.
(2) For all properties and uses subject to development plan review, new accessory off-street parking and truck loading areas shall be located and established only as indicated on a development plan duly approved by the planning commission and/or administrative officer. Any changes, alterations, improvements or additions to the parking areas shall require further review by the planning commission and/or administrative officer.
(3) For uses which require off-street parking and loading provisions where no building is proposed for construction, a development plan showing all other required site elements, as indicated in the submission requirements, shall be provided to the town.
D. Administration. Administration of this section shall be as follows:
(1) Application/inspection fee. No application shall be considered complete unless accompanied by the required application fee. If applicable, an inspection fee shall be paid by the applicant as a condition of approval of a development plan. The fee shall be an amount based on the value of improvements as determined by the town engineer.
(2) Expiration of development plan review approval. A development plan review granted pursuant to this chapter shall be valid for a period of one year from the date of filing of the decision, during which time application for a building permit shall be made. The approving agency may grant up to an additional year as a condition of approval, when such is requested in writing.
(3) Interpretation. The planning commission or administrative officer, as appropriate, shall be responsible for deciding the meaning and intent of any section of this article which may be unclear or in dispute.
(4) Appeals. An appeal to a decision by the planning commission or administrative officer with regard to development plan review approval may be taken by an aggrieved party to the zoning board of review in accordance with section 21-17.
(5) Inspections. Upon the request of the building official, the engineering department shall inspect all site work required as part of the development plan review approval and shall report its findings to the building official.
E. Application, review and decision procedures. Procedures for the application, review and decisions shall be as follows:
(1) Applicants for development plan review will follow the procedures and submission requirements set out in the subdivision and land development regulations, appendix A of this Code, as amended.
(2) In granting development plan approval, the planning commission shall require evidence to the satisfaction of the following standards be entered into the record of the proceedings:
a. The requested action will not alter the general character of the surrounding area or impair the intent or purpose of this chapter or the comprehensive plan upon which this chapter is based.
b. The grant of the approval will not pose a threat to the drinking water supply.
c. The use will not disrupt the neighborhood or the privacy of abutting landowners by noise, light, glare or air pollutants.
d. Sewage and waste disposal into the ground and the surface water drainage from the proposed use will be handled on site.
e. The traffic generated by the proposed use will not cause congestion or introduce a traffic hazard to the circulation pattern of the area.
f. Accessory signs, off-street parking and loading areas and outdoor lights are designed and located in a manner which complements the character of the neighborhood.
(3) In granting development plan approval, the planning commission or administrative officer, as appropriate, may apply such special conditions that may, in the administrative officer's or planning commission's opinion, be required to promote the intent and purposes of this chapter. Failure to abide by any special conditions attached to a grant shall constitute a zoning violation. Those special conditions shall be based on competent credible evidence on the record, shall be incorporated into the decision, and may include but are not limited to provisions for the following:
a. Minimizing adverse impact of the development upon adjacent land, including the type, intensity, design and performance of activities;
b. Controlling the sequence of development, including when it must be commenced and completed;
c. Controlling the duration of use or development and the time within which any temporary structure must be removed;
d. Ensuring satisfactory installation and maintenance of required public improvements;
e. Designating the exact location and nature of development;
f. Establishing detailed records by submission of drawings, maps, plats or specifications;
g. Requiring the merger of lots included in the development plan review application; and
h. Vehicular, bicycle and pedestrian connections where feasible and appropriate.
(4) If the proposed development may generate 100 or more additional peak hour trips, based on the Institute of Traffic Engineers (ITE) Trip Generation Handbook, or if the department of planning and development determines that a safety or capacity deficiency exists, a traffic impact analysis prepared by a registered professional engineer shall be submitted by the applicant of existing conditions and future conditions with the proposed development.
(5) Other such material as deemed appropriate by the planning commission or administrative officer, including but not limited to wetland mitigation analysis, water supply analysis (domestic and fire), nitrate loading analysis, environmental impact analysis and municipal service impact analysis may be required. The determination of additional studies by the administrative officer or planning commission shall be made prior to the issuance of a certificate of completion.
(6) The planning commission or administrative officer is authorized to require an applicant to pay a consultant fee for the reasonable costs and expenses, in an amount not to exceed actual costs incurred by the town, for specific expert engineering and other consultant services deemed necessary by the planning commission or administrative officer to come to a final decision on the application.
(7) For properties within Quonset Point/Davisville, a letter from the state economic development corporation, indicating that it has reviewed and approved the development plan, shall be presented to the town.
(8) The planning commission or the administrative officer is authorized to require an applicant to pay a consultant fee for the reasonable costs and expenses, in an amount not to exceed actual costs incurred by the town, for architectural review of plans as deemed necessary by the planning commission or administrative officer to come to a final decision on the application. Such architectural review shall be limited to a determination as to plan consistency and conformance with the design guidelines contained within this section. Applicants are advised to meet with the planning department to discuss design guidelines prior to submitting plans.
(Ord. No. 98-7, 5-11-1998; Ord. No. 01-1, § 15, 2-12-2001; Ord. No. 08-18, § 7, 7-7-2008; Ord. No. 11-01, §§ 4, 5, 1-10-2011)