Development plan review (DPR)

[Amended 12-20-2023 by Ch. No. 3287]

• A. Purpose. It is the purpose of this article to establish procedures pursuant to the permitting process which will enable the City or the JPC, as applicable, to perform a comprehensive review of certain proposed developments. DPR will generally follow the process outlined in Article IIIA of this chapter, except that where this article conflicts with Article IIIA, this article shall govern. DPR procedure shall not be used to deny an applicant a permitted use of the property as established by the Zoning Ordinance. The particular uses requiring DPR are outlined below.
• B. Administration.
  • (1) No permit to build, alter, or expand any of the uses requiring DPR as outlined below shall be issued by the Building Official until a written statement of final approval in accordance with this article has been received. The applicant is responsible for obtaining a building permit through the Zoning and Code Enforcement Office as required by City ordinances. The applicant must submit all plans and documents normally required for a building permit. The approved final development plan shall be part of this submission. The DPR process will not preclude the need to meet other City requirements as they may apply to a particular development. No alteration to any City ordinance requirements or any necessity to gain approval by another legal jurisdiction shall be deemed to be authorized or granted by virtue of the DPR under this article.
  • (2) Projects subject to review as a land development project shall not require DPR. A project submitted for DPR may be referred to the JPC as a land development project.
• C. DPR process. The DPR shall be conducted by either the JPC or the Administrative Officer to the Pawtucket City Planning Commission in accordance with the Subdivision Review Enabling Act of 1992, R.I.G.L. 45-23, as amended, and those procedures and requirements listed in this chapter and in the Land Development and Subdivision Review Regulations. The JPC or Administrative Officer may enlist the assistance of other municipal staff or boards in the review of applications. Mechanisms to enlist this assistance can include, but are not limited to, the establishment of a Technical Review Committee.
• D. DPR thresholds. Applications for development shall be reviewed in accordance with the following thresholds.
  • (1) Formal DPR under the jurisdiction of the JPC where any of the following conditions apply:
    • (a) Where 20% or more of an existing structure is proposed to be demolished as measured by the footprint of the structure. Any site improvements or development occurring as a result of the demolition shall be reviewed along with the plans for demolition.
    • (b) Where proposed development would include 80,000 square feet or more of newly developed or renovated floor area in a new building, an existing building, accessory structures, or additions. Where multiple buildings or additions are included in the proposal, the floor area shall be measured in the aggregate.
    • (c) Where proposed development would include 25,000 square feet or more of floor area utilized for industrial or manufacturing purposes and/or include accessory storage of equipment or materials.
    • (d) Where proposed development would include more than 50 units of new housing.
    • (e) Any site disturbance of 40,000 square feet or more.
    • (f) Any development where a structured parking facility is proposed.
    • (g) Any application that is referred to the JPC by the Administrative Officer.
    • (h) Any development subject to unified development review.
  • (2) DPR shall be administrative (performed by Administrative Officer):
    • (a) Where significant renovation, as defined in this article, of an existing building is proposed.
    • (b) Where proposed development would include between 1,000 square feet and 80,000 square feet of newly developed floor area in a new building, an existing building, accessory structures, or additions. Where multiple buildings or additions are included in the proposal, the floor area shall be measured in the aggregate.
    • (c) Where proposed development would include more than five and up to 50 units of new housing.
    • (d) Any site disturbance between 2,000 square feet and 40,000 square feet.
    • (e) Any permitted use that is specifically referred in writing to the Administrative Officer by the Building Official or the Director of Zoning and Code Enforcement.
  • (3) A development subject to formal DPR shall not also be subject to administrative DPR.
• E. Appeals.
  • (1) Appeals to the Providence County Superior Court may be taken by a person aggrieved by any final action of the Administrative Officer or the JPC pursuant to the provisions of this section.
  • (2) Any appeal shall be taken within 20 days of such final action. Copies of the development plan and the findings shall be made available by the Department of Planning and Redevelopment for review by any party.