Preliminary plan approval
A. The planning board must approve or deny the application within 90 days of the day the preliminary plan submission was certified as complete, unless the applicant consents in writing to an extension of time. If a timely decision is not rendered, the application will be considered approved and the administrative officer shall issue a preliminary plan approval at the request of the applicant.
(Ord. dated 5-21-24)
B. To approve a comprehensive permit application, the planning board must find that the application satisfies the requirements below. The planning board must include in its decision findings of fact based on legally competent evidence in the record. The decision must specify the evidence on which each finding is based.
(Ord. dated 5-21-24)
1. The proposed development is consistent with local needs as identified in the comprehensive community plan, or, if inconsistent, the inconsistencies have been satisfactorily addressed. In particular, the proposed development is consistent with Richmond’s affordable housing plan. “Consistent with local needs” means reasonable in view of:
(a) The state’s need for low and moderate income housing.
(b) The number of low income persons in Richmond.
(c) The need to protect the health and safety of the occupants of the development or the health and safety of Richmond residents.
(d) The need to promote better site and building design in relation to the surroundings or to preserve open spaces.
(e) The need to apply Richmond’s land use ordinances and regulations as equally as possible to subsidized and unsubsidized housing.
(Ord. dated 3-21-23)
2. The development complies with the zoning ordinance and land development and subdivision regulations, or, if zoning incentives or adjustments have been granted from the provisions of the ordinance or regulations, the need for low or moderate income housing outweighs the impact of the incentives or adjustments.
(Ord. dated 3-21-23; Ord. dated 5-21-24)
3. The low and moderate income dwelling units will be integrated throughout the development, will be similar in scale and architectural style to the market rate units, and will be built and occupied before or at the same time as the market rate units.
(Ord. dated 3-21-23)
4. The development as approved will not have any significant negative effects on the health and safety of current or future residents of Richmond in areas including, but not limited to, safe circulation of pedestrian and vehicular traffic, provision of emergency services, sewage disposal, availability of potable water, adequate surface water run-off, and the preservation of natural, historical or cultural features that contribute to the attractiveness of Richmond.
(Ord. dated 3-21-23; Ord. dated 5-21-24)
5. All of the buildings in the development will have adequate and permanent physical access to a public street.
(Ord. dated 3-21-23; Ord. dated 5-21-24)
6. None of the building lots will have physical constraints to development that would make construction on those lots impracticable.
(Ord. dated 3-21-23; Ord. dated 5-21-24)
C. The decision must specifically identify each incentive and adjustment approved.
(Ord. dated 3-21-23; Ord. dated 5-21-24)
D. A majority vote of the planning board members present is necessary for approval.
(Ord. dated 5-21-24)
E. The planning board’s written decision shall be recorded in the land evidence records within 20 days of the day the planning board votes. Within one day of recording, a copy of the decision shall be mailed, by any method that provides confirmation of receipt, to the applicant and to any other person who has made a written request to receive it.
(Ord. dated 5-21-24)
F. The approved preliminary plan expires 2 years after the date of approval. The applicant may request 2 one-year extensions, and must appear before the planning board to request each one-year extension. Requests for extensions must be in writing. The provisions of the applicable ordinances and regulations in effect at the time of preliminary plan approval are vested until the preliminary plan expires.
(Ord. dated 5-21-24)