Minor subdivision and land development project approval
Minor subdivision and minor land development project approval.
A. Minor land development project approval is required for all special-use permit uses in the aquifer protection overlay district, including special-use permits for enlargement, expansion, or intensification of legal nonconforming uses other than single-family detached dwellings or two-family structures, if the special-use permit use involves the construction of 7,500 square feet or less of new commercial, manufacturing, or industrial development; or an expansion of up to 50% of existing floor area of a commercial, manufacturing, or industrial use; or an expansion of up to 10,000 square feet of a commercial, manufacturing, or industrial structure. A special-use permit use that involve more extensive construction or development requires approval as major land development project. The planning board will hear the applications for minor or major land development project approval and the special use permit together under unified development review.
(Ord. dated 5-21-24)
B. The following information shall be submitted with an application for minor subdivision and minor land development project approval:
1. The name and quantity of every hazardous material that will be used or stored on the premises, the location where it will be used or stored, and a material safety data sheet for each hazardous substance.
2. For all buildings and uses where hazardous materials will be used or stored, a spill prevention plan and a hazardous waste contingency plan that complies with the department of environmental management rules and regulations for hazardous waste management (250-RICR-140-10-1).
3. Proposed water source and estimated volume of water use, including fire protection flow demands.
4. Documents illustrating how the proposed use or uses and structure or structures will comply with the requirements of this Chapter.
(Ord. dated 5-21-24)
C. The planning board shall have the authority to require an applicant for minor subdivision and minor land development project approval to submit a nitrate loading analysis to evaluate the potential impacts on the parcel and surrounding parcels if there is a reasonable basis to believe that past uses, current uses, or proposed uses of the property could significantly increase the nitrate level of the groundwater. The analysis should compare the existing and proposed nitrate load concentrations to the maximum contaminant level of 10 milligrams per liter (10 mg/L) established by the U.S. environmental protection agency. The analysis shall be submitted after a pre-application conference and shall be peer-reviewed before development plan review takes place.
(Ord. dated 5-21-24)
D. The planning board shall have the authority to impose conditions on approval of a minor subdivision or minor land development project that are intended to maintain groundwater quality and to minimize groundwater withdrawal. The conditions shall be based on competent evidence in the record, and the planning board shall make findings of fact to support the imposition of conditions.
(Ord dated 5-21-24)
E. The planning board shall have the authority to require peer review of any technical submission. The applicant shall bear the cost of such review. The administrative officer shall obtain an estimate of the cost of the review and the applicant shall pay a project review fee adequate to cover the estimated cost. Section 11.3.2 of the land development and subdivision regulations shall govern the manner in which the fees are collected and refunded and the applicant’s right to request an account balance or request a different peer reviewer.
(Ord. dated 7-18-23)