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Town of Smithfield
Land Development & Subdivision Regulations
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§ I-D

Definition of Terms

ARTICLE D. DEFINITION OF TERMS

  1. Abutter. One whose property abuts, that is, adjoins at a border, boundary, or point with no intervening land.
  2. Administrative Officer. The administration and enforcement of these Regulations shall be under the direction of the Administrative Officer. The Officer shall be responsible for the coordination of local boards and commissions, municipal staff, and state agencies as well as the enforcement efforts of the Zoning Enforcement Officer, the Building Official, the Planning Department staff, the Town Engineer, the Department of Public Works, and any other local officials responsible for the enforcement of discrete elements of these Regulations. The Administrative Officer shall be designated by the Planning Board in accordance with the provisions of Section IX, Article A of these Regulations and by statute may be a member of, or the Chair, of the Planning Board, or an appointed official of the Town pursuant to Section 45-23-55 of the General Laws of Rhode Island (1956 as amended).
  3. Administrative Subdivision. Re-subdivision of existing lots which yields no additional lots for development, and involves no creation or extension of streets. Such re-subdivision shall only involve divisions, mergers, mergers and division, or adjustments of boundaries of existing lots.
  4. Applicant. An owner or authorized agent of the owner submitting an Application for a development proposal to the Town.
  5. Application. The complete form or forms and all accompanying plans, documents, and fees required of an applicant by an approving authority, for development review or approval purposes.
  6. Aggrieved Party. An aggrieved party, for purposes of these Regulations, shall be:
    • Any person or persons or entity or entities who can demonstrate that their property will be injured by a decision of any Officer or agency responsible for administering the Land Development and Subdivision Regulations of the of the Town of Smithfield; or
    • Anyone requiring notice pursuant to these Regulations.
  7. Agricultural Land. Land suitable for agriculture by reason of suitability of soil or other natural characteristics or past use for agricultural purposes. Agricultural land includes that defined as prime farm land or additional farm land of statewide importance for Rhode Island by the Natural Resources Conservation Service (formerly Soil Conservation Service) of the United States Department of Agriculture.
  8. Aquifer. A body of rock or soil that contains sufficient saturated, permeable material to conduct groundwater and to yield economically significant quantities of groundwater to wells and springs.
  9. Aquifer. Confined. An aquifer bound above and below by beds of material distinctly less permeable than the aquifer itself.
  10. Aquifer. Unconfined. An aquifer possessing a water table.
  11. Arterial Street/Highway. See "Street Classification - Arterial".
  12. As-Built Drawings. Drawings specifying the dimensions, location, and specifications of all roadways, utilities, services, curb cuts, telephone poles, guys, structures and facilities as they have been constructed and any deviation from the final approved plans. As-Built drawings shall be superimposed on a reproducible copy (i.e. mylar or paper sepia) of the final approved plan.
  13. Board of Appeal. The Smithfield Zoning Board of Review.
  14. Bond. See "Improvement Guarantee".
  15. Buffer. Land which is maintained, in either a natural or landscaped state, and is used to screen and/or mitigate the impacts of development on surrounding areas, properties, or rights-of-way.
  16. Buildable Lot. A lot where construction for the use(s) permitted on the site under the Smithfield Zoning Ordinance is considered practicable by the Planning Board, considering the physical constraints to development of the site as well as the requirements of the pertinent state and local regulations.
  17. Certification of Completeness. A notice issued by the Administrative Officer informing an Applicant that the application is complete and meets the requirements of the municipality's regulations and that the Applicant may proceed with the approval process.
  18. Comprehensive Plan. The Comprehensive Plan adopted by the Town and approved pursuant to Chapter 22.2 -"Rhode Island Comprehensive Planning and Land Use Regulation Act" of the General Laws of the State of Rhode Island (1956 as amended) and to which any zoning, subdivision and/or land use regulation adopted pursuant to said Chapter shall be in compliance.
  19. Concept Plan. A drawing with accompanying information showing the basic elements of a proposed land development plan or subdivision as used for pre-application meetings and early discussions, and classification of the Project within the approval process.
  20. Conservation Development. A type of land development project which utilizes prescribed site planning techniques to conserve open land, protect site features and provide flexibility in the siting of structures, services and infrastructure. See Section X.
  21. Consistency with the Comprehensive Plan. A requirement of all local land use regulations which means that all such regulations and subsequent actions shall be in accordance with the public policies arrived at through detailed study and analysis and adopted by the municipality as the Comprehensive Community Plan as specified in Section 45-22.2-3 of the General Laws of Rhode Island (1956 as amended).
  22. Conventional Subdivision. A residential subdivision in which all land being subdivided is dedicated to either development lots or street right of way, with no common open space. Not a Conservation Development.
  23. Conventional Yield Plan. A plan of a conventional subdivision or land development project (as opposed to a Conservation Development) that depicts the maximum number of single family building lots or dwelling units that could reasonably be built on a parcel of land under current zoning, taking into account physical constraints to development, such as wetlands, or other land unsuitable for development.
  24. Cul-de-sac. See "Street – Cul-de-Sac".
  25. Dead-end Street. A street that is open only at one end; it mayor may not have a turn-around at the other end (see also "Street - Cul-de-Sac").
  26. Dedication. Fee-In-Lieu-Of. Payments of cash which are authorized in the local regulations when requirements for mandatory dedication of land are not met because of physical conditions of the site or other reasons. The conditions under which such payments will be allowed and all formulas for calculating the amount shall be specified in advance in the local regulations. See Section 45-23-47 of the General Laws of Rhode Island (1956 as amended).
  27. Depth. Lot. See "Lot Depth".
  28. Design Flood. The magnitude of flood used for design and operation of flood control structures or other protective measures. It shall be used to denote the magnitude of flood used in floodplain regulations.
  29. Developer. The owner or owners, group of individuals, builder, real estate agent, or subdivider having a financial interest in the development, sale, or lease of a Subdivision or Land Development Project, in whole or in part.
  30. Development. The construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill, or land alteration or land disturbance; any change in use, or alteration or extension of the use, of land.
  31. Development Regulation. Zoning, subdivision, land development plan, development plan review, historic district, official map, flood plain regulation, soil erosion control or any other governmental regulation of the use and development of land.
  32. Discharge. Stream. Rate of flow of a stream as expressed as volume per unit of time.
  33. Discharge Area. Groundwater. An