Required Findings During Review Process

ARTICLE B. REQUIRED FINDINGS DURING REVIEW PROCESS.

These regulations require that for all Administrative, Minor and Major Subdivisions and Development Applications address each of the general purposes stated in Section I, Article A of these Regulations and the Planning Board shall make positive findings on the following standard provisions, as part of the proposed project's record prior to approval:

• 1. The proposed development is consistent with the Smithfield Comprehensive Community Plan and/or has satisfactorily addressed the issues where there may be inconsistencies;

• 2. The proposed development is in compliance with the standards and provisions of the Smithfield Zoning Ordinance;

• 3. There will be no significant negative environmental impacts from the proposed development as shown on the final plan, with all required conditions for approval;

• 4. A subdivision, as proposed, will not result in the creation of individual lots with such physical constraints to development that building on those lots according to pertinent regulations and building standards would be impracticable. (See definition of “Buildable Lot”). Lots with such physical constraints to development may be created only if identified as permanent open space or permanently reserved for a public purpose on the approved, recorded plans;

• 5. All proposed land developments and all subdivision lots shall have adequate and permanent physical access to a public street. Lot frontage on a public street without physical access shall not be considered compliance with this requirement.

• 6. A subdivision, as proposed, shall provide for safe circulation of pedestrian and vehicular traffic, for adequate control of surface water run-off, for suitable building sites, and for preservation of natural, historical, or cultural features that contribute to the attractiveness of the community.

• 7. The design and location of streets, building lots, utilities, drainage improvements, and other improvements in a subdivision, as proposed, shall minimize flooding and soil erosion.

• Except for administrative subdivisions, findings of fact must be supported by legally competent evidence on the record which discloses the nature and character of the observations upon which the fact finders acted. If a negative finding for any of these standards is made, the Planning Board shall have legally competent evidence on the record for denial of the project design.