Multifamily/commercial site plan review and approval
A. Applicability. No application for permit to build, alter or expand any multifamily/commercial building, structure or use of land where such construction shall exceed a total gross floor area of five hundred (500) square feet or require changes or alterations to a parking area, shall be submitted to the building inspector, until he or she shall have received from the plan commission a written statement of site plan approval by the plan commission in accordance with provisions of this section. The building inspector shall enforce the fulfillment of any conditions which the plan commission may impose.
B. Town council or zoning board of review referrals. When in accordance with article II, the zoning board of review shall refer an application for a special use permit to the plan commission for review and comment, the plan commission's written report to the zoning board shall include, but not be limited to, all of the findings and determinations the plan commission would make in reviewing a site plan under this section the extent they are applicable to the information contained in the application for special use permit. The site plan review undertaken as an advisory opinion on referral from the town council or zoning board of review shall constitute the site plan review for such project under this section.
C. Grounds for site plan application approval or denial. The plan commission may reject an application for site plan approval for the following reasons:
1. Noncompliance with zoning ordinance.
2. Incomplete application, including the application form, the accompanying site plan maps and supporting documentation, or the application fee as requested by the plan commission.
3. Inability to impose reasonable conditions to mitigate adverse impacts in those areas in which standards for review have been established.
4. Inability to meet the standards of review.
D. Standards for review. Site plan approval is designed to provide a balance between landowner's rights to use his land with the corresponding rights of abutters and neighboring landowners to live or operate businesses without undue disturbance (e.g. noise, congestion, smoke, dust, odor, glare, stormwater runoff, etc.).
Additional objectives include the preservation of the natural resources of the town; the creation of a better and safer living environment; and the enhancement of man-made resources including the town's architectural and historic heritage; protection of the Scituate Watershed and Reservoir.
The plan commission shall review site plans and shall issue site plan approval, including appropriate revisions and mitigating conditions, if the plan commission determines, and makes a written finding, that the following standards can be achieved:
1. The town's natural resources shall be preserved to the maximum extend possible.
2. Erosion and sedimentation shall be controlled during and after construction and shall not adversely effect adjacent or neighboring property or public facilities or services. All erosion control shall meet the standards of the town's erosion and sedimentation ordinance and the Rhode Island Erosion and Sedimentation Control Manual.
3. Increased runoff due to the development on the site shall not be injurious to any downstream property owner or cause hazardous conditions on adjoining streets.
4. Direct discharge of untreated storm water run-off to a wetland or watercourse from impervious surfaces, including, but not limited to, roadways, parking lots, driveways, basements, and roofs shall not be allowed.
5. The proposed development shall not result in pollution of ground or surface waters, other than that anticipated under normal development practices with adequate mitigating measures to prevent significant impacts. All development stormwater control shall meet the standards of the Rhode Island Stormwater Management Manual and be of nonstructural character to the extent possible.
6. The movement of vehicular and pedestrian traffic within the site in relation to access streets shall be safe and convenient and adequate provision shall be made for snow removal.
7. Vehicular entrances and exits shall not be located within seventy-five (75) feet of any street intersection, where possible.
8. Traffic generated by the development shall not create significant congestion on the adjoining and nearby street system.
9. Adequate off-street parking and loading shall be provided to prevent on-street traffic congestion; all parking spaces, maneuvering areas, entrances and exits shall be suitably identified; the interior circulation system shall be designed to provide safe and convenient access to all structures, uses and/or parking spaces; parking areas shall be protected with suitable bumper guards, guard rails, islands, crosswalks, speed bumps, guard rails and similar devices when deemed necessary by the plan commission to protect life and property; and provisions shall be made for safe pedestrian movement within and adjacent to the property.
10. Parking lots containing twenty (20) or more spaces shall be planted with at least one tree per eight (8) spaces, no smaller than two-inch caliper, each tree being surrounded by no less than forty (40) square feet of permeable unpaved area. Trees required by the provisions of this section shall be at least five (5) feet in height at the time of planting and shall be of a species characterized by rapid growth and by suitability and hardiness for location in a parking lot. To the extent practicable, existing trees shall be retained and used to satisfy the provisions of this section.
11. Within village areas parking areas shall be located only at the side or rear of buildings unless sufficient evidence is presented to justify parking within the front yard setback area.
12. No development shall be allowed where there is unrestricted access to the public streets or where the public street must be utilized to maneuver in and out of a parking space.
13. Buildings and the grounds adjoining them shall permit easy access and operation of fire, police, and other emergency vehicles.
14. Sensitive environmental land features such as steep slopes, wetlands and large outcroppings shall be preserved and protected.
15. Existing trees and vegetation shall be preserved to the maximum extent possible.
16. Buffering elements in the form of architectural design and landscape design that provide a logical transition to adjoining existing or permitted uses shall be provided.
17. Scenic views and historically significant features shall be preserved.
18. Glare from the installation of outdoor lights and signs and from the movement of vehicles on the site shall be shielded from the view of adjacent properties in a residential zone.
19. Abutting properties and town amenities shall not be degraded by undue disturbances caused by excess or unreasonable noise, smoke, vapors, fumes, dust, and odors.
20. The design of the project, including buildings and landscape shall be visually compatible with the character of the surrounding area, including building materials, massing, scale, and building roof form.
21. The design of the project and the site plan shall conform to the town's comprehensive plan.
E. Environmental assessment. The plan commission may require an applicant for commercial site plan review for a project of significant size or impact to submit an environmental assessment discussing the impacts of the project to the community and alternative actions which may be taken and their affect. The need for such environmental assessment shall be determined by the plan commission in consultation with any agencies or commissions of the town it deems appropriate.
F. Site plan approval application filing. An applicant for commercial site plan approval shall file with the plan commission copies of an application and a site plan (four (4) sets), a filing fee as required by the plan commission. Concurrently, the applicant shall file a copy of the application and site plan with the town clerk. Such application and site plan shall include the elements on which the plan commission is to make findings and determinations as provided in this section, and shall also include information as to the nature and extent of the proposed use of buildings, and such further information as the plan commission shall reasonably require by rule or regulation. Applications for a building permit shall not be filed prior to having received site plan approval under the provisions of this by-law. In subsequent applications concerning the same subject matter, the plan commission may waive the filing of plans and documents to the extent they duplicate those previously filed.
G. Relationship to subdivision regulations. Site plan approval issued hereunder by the plan commission shall not be a substitute for compliance with the subdivision and land development of the town as they may apply to an application submitted hereunder. The plan commission, by granting site plan approval, is not obligated to approve any plan nor reduce any time periods for the plan commission's consideration under the Land Development and Subdivision Review Enabling Act. In order to facilitate processing the plan commission may accept a combined plan and application which shall satisfy this section, the subdivision land development regulations and the Land Development and Subdivision Review Enabling Act.
H. Referrals to town boards/commissions. The plan commission shall, within a reasonable time of receipt of the site plan application, transmit copies of the application and site plan to the following town committees, departments, commissions, and boards for review and comment: conservation commissions; public works department; fire chiefs and police chiefs. Other committees, department and commissions may be requested to review site plan applications and site plans if the plan commission feels such review will help in their deliberations.
If the plan commission determines that the site plan application is not complete, it may so advise the applicant to avoid delays to the applicant due to the anticipated disapproval of an incomplete submission.
The conservation commission and other agencies designated by the plan commission shall consider the same and submit a final report thereon with recommendations to the plan commission. The conservation commission shall review the application with particular reference to the Scituate Reservoir Watershed and shall recommend as to the advisability of granting the site plan approval and as to the restrictions which should be imposed upon the development as a condition of such permit.
The plan commission shall not make a finding and determination upon an application until it has received the final report of the conservation commission and/or other agencies designated by the plan commission thereon, or until forty-five (45) days shall have elapsed since the transmittal of said copies of the application and site plan to the conservation commission and other agencies designated by the plan commission without such report being submitted. Failure of a commission or agency to report within the allotted time shall be interpreted as a recommendation for approval of the submitted site plan.
I. Public hearing/final action/appeals. The plan commission may hold a public hearing within a reasonable time after the filing of an application and site plan and, except as hereinafter provided, shall take final action within forty (40) days from the date of the public hearing. If the plan commission determines that the project is of a minor nature that a public hearings is not necessary to be held on the project, the plan commission shall take final action on the application within forty (40) days from the date of the filing of a complete site plan review application. Such final action shall consist of either:
1. A finding that the development will be consistent with the standards for review established in this section.
2. A written denial of the application stating the reasons for such denial, and which shall include a statement of the respect in which any elements in the particular features of the proposal are deemed to be inconsistent with the standards for review established in this section.
3. A finding and determination, subject to such reasonable mitigating conditions, modifications and restrictions set forth therein as the plan commission may deem necessary to ensure that the proposed development achieves consistency with the standards for review established in this section.
In the event the plan commission approves a site plan application under these provisions, any construction, reconstruction, substantial exterior alteration, or addition shall be carried out in conformity with any mitigating conditions, modifications and restrictions, subject to which the board shall have made its findings and determination and only in conformity with the application and site plan on the basis of which the findings and determinations are made.
Minor changes to the approved site plan may be submitted to the building inspector for approval, and if deemed insignificant or minor in nature or effect, may be approved by him.
Any changes deemed to be significant or major by the building inspector shall be resubmitted to the plan commission in the form of a new site plan. Any building, reconstruction or expansion not approved by the building inspector or the plan commission shall be ordered halted and fully removed.
The approval of a site plan application, or a modification or amendment thereof, shall remain effective for a period of one (1) year only from the date of such approval (either directly or by inaction) unless prior to the expiration of such one-year period, the applicant makes substantial efforts to build in accordance with the approved site plan, or unless, upon a written request from the applicant, the plan commission votes to extend the time period for a period not to exceed one (1) additional year.
No permit, or any extension, modification, or renewal thereof issued pursuant to this sections shall take effect until the town clerk certifies that twenty (20) days have elapsed and no appeal has been filed, or that such appeal has been dismissed or denied.
J. Site plan. Each application for site plan approval shall be accompanied by a site plan in ten (10) copies, or such number as the plan commission may specify, of the entire tract under consideration for development. The following information shall be submitted on one (1) or more site maps and in writing where appropriate.
K. General requirements. Date of site plan. All revisions shall be noted and dated.
Title of development, north arrow, scale, plat and lot number, name and address of record owner, and name and address, license number and seal of person preparing the site plan. If the owner of record is a corporation, the name and address of the president and secretary shall be submitted with the application.
A scale of one″ = 20′, 1″ = 40′, or 1″ = 80′, whichever is appropriate to the size of the proposal. All distances shall be in feet and decimals of a foot and all bearings shall be given to nearest ten (10) seconds. The error of closure shall not exceed one (1) in ten thousand (10,000).
The names of all owners of record of all abutting property and those within two hundred (200) feet of the property line.
Zone boundaries shall be shown on the site plan as they affect the parcel. Adjacent zone districts within three hundred (300) feet also shall be indicated. Such features shall be shown on a separate map or as a keep map on the detail map itself.
Boundaries of the property lines and lines of streets, lot reservation, easement and areas dedicated to public use, including grants, restrictions and rights-of-way.
Key map showing the location of the tract with reference to surrounding areas and existing street intersections.
All distances as measured along the right-of-way lines of existing streets abutting the property to the nearest intersection with any other public street.
Existing contours with interval of two (2) feet where slopes are more than (3).
Where any changes in the contours are proposed, finished grades should be shown as solid lines.
If any areas fall within the 100 year flood plain or a velocity (VE or V) zone as delineated on the Flood Insurance Rate Maps, the area will be shown and base elevations shown.
Location of existing rock outcrops, general soil types, high points, vistas, watercourses, depressions, ponds, marshes, wetlands, wooded areas and stands of major trees (twelve-inch caliper or over), flood plain designations as shown on the Flood Insurance Rate Maps for the town, and other significant existing features including previous flood elevations of watercourses, pond, and marsh areas as determined by survey.
Location of existing buildings which shall remain and all other existing structures such as walls, fences, culverts, bridges, roadways, etc., with spot elevations of such structures. Structures to be removed shall be indicated in dashed lines.
All structures or significant changes in topography abutting property lines.
All calculations necessary to determine conformance to zoning regulations.
Acreage of tract to nearest tenth of an acre.
Place for signature of the chairman of the plan commission on all plans and/or documents to be approved by the plan commission.
Such other information as may be required to show that the details of the site plan are in accordance with applicable standards and the zoning ordinance.
L. Building design and locations(s). The proposed uses of land and buildings and proposed locations of buildings including proposed grades. Such features shall be shown on a separate drawing where deemed appropriate by the building inspector.
The location, housing type and density of land use to be allocated to parts of the site to be developed.
The design of the proposed buildings or structures, including elevations, plans and measurements as appropriate for easy interpretation.
The location, type, and screening details for all waste disposal containers shall be shown.
Sketches as appropriate to indicate the visual impact on the surrounding area and the general character of the community.
Location and design of all signs.
Height of buildings, including relationship to existing and proposed grades.
M. Landscaping. A landscape plan showing all existing natural features, trees, forest and water resources and proposed changes to these features, including size and type of plant material. Water resources will include ponds, lakes, brooks, streams, wetlands, floodplains, and drainage retention areas.
N. Utilities and drainage. Location of all existing storm drainage structures and utility lines, whether publicly or privately owned, with pipe sizes, grades and direction of flow, and if any existing utility lines are underground, the estimated location of any said underground utility lines shall be shown. The location of all proposed water lines, valves, or hydrants and means of water supply and wastewater disposal and treatment in conformance with the applicable standards for the appropriate utility.
The location of the ground water table in the vicinity of any proposed septic field.
Plans to prevent: the pollution of surface or groundwater, erosion of soil during and after construction; excessive runoff; excessive rising and lowering of the water table; and the flooding of other properties, as applicable.
The proposed location, height, direction of illumination, bulb type, power and time of proposed outdoor lighting and methods to eliminate sky glare and glare onto adjoining properties must be shown.
O. Traffic and parking. All means of vehicular access for ingress and egress to and from the site onto the public street showing the size and locations of driveways and curb cuts, including the possible organization of traffic channels, acceleration and deceleration lanes, additional width and any other device necessary to prevent a difficult traffic situation.
The location and design of any off-street parking areas or loading areas showing the size and location of bays, aisles, barriers and proposed plantings.
The total ground coverage by structures and impervious surfaces shall be identified and measured.
All proposed streets and profiles indicating grading and cross sections showing width of roadway and location and width of sidewalk according to the standards of the town.
P. Preparation of site plan. A site plan shall be prepared by a licensed engineer, landscape architect or architect for general locations except where waived by the plan commission because of unusually simple circumstances.
Boundary survey information shall be signed and sealed by a licensed land surveyor.
For all elements of design, which shall include drainage, pavements, curbing, walkways, embankments, horizontal and vertical geometrics, utilities and all pertinent structures, drawings shall be signed by a licensed professional engineer.
Q. Endorsement of site plan. After approval by the plan commission and subject to the satisfaction of any conditions of approval, a mylar or line print of all approved site plan maps shall be submitted for signature and filing; all information appearing thereon shall be in black india ink.
R. Application fee. As part of any application for site plan review, a fee of fifty dollars ($50.00) each one-half (½) acre shall be required. This fee is structured to offset directly any expenses the town or plan commission incurs in the review of the application.
(Ord. of 8-8-96(4))