Environmental Impact Statement

Land Development and Subdivision Review Regulations Town of Smithfield, RI

1. For allowing progression to additional phases,
2. For allowing two (2) or more phases to proceed in review or construction simultaneously,
3. For interim public improvements or construction conditions,
4. For changes to Master or Preliminary Plans, and
5. Other provisions as necessitated by special conditions.

1. Master Plan Documents - Contents. The Master Plan documents may contain information on the physical limits of the phases, the schedule and sequence of public improvements installation, improvement guarantees, and the completion schedules for approvals and construction of the phases.
2. Vesting – Phased Projects. The Master Plan shall remain vested as long as it can be proved, to the satisfaction of the Planning Board, that work is proceeding on either the approval stages or on the construction of the development as shown in the approved Master Plan documents. Vesting shall extend to all information shown on the approved Master Plan

ARTICLE D. DEVELOPMENT IMPACT FEE/REQUIREMENTS FOR DEDICATION OF

PUBLIC LAND

1. Development Impact Fee. Where a fee is required by the Permitting Authority, the amount of such fee shall be set in accordance with the Code of Ordinances of the Town of Smithfield. The amount of such fee shall be based upon the formula outlined in the Impact Fee Study Report. When Development Impact fee payments are made, they must be kept in a restricted account and shall only be spent for the intended purpose of providing open space, conservation, park and/or recreational facilities.
2. Developer Required to Provide Land Dedication. In the event of a subdivision or land development project where the Planning Board requires an alternative means of satisfying the Development Impact Fee, the Fee shall be assessed in the following manner; dedication of land, performance of construction services, purchase of equipment, or any combination thereof. The total value of the Applicant's contribution shall not be less than the amount of a particular projected Fee involved. If the Application uses alternative means to satisfy a particular Fee, the alternative means cannot partially satisfy the projected Fee involved; the particular fee must be entirely determined by the Planning Board, upon recommendation by the Town Engineer. The Planning Board shall document the value of the Applicant's contribution. In an instance where the Planning Board considers and/or requires an alternative means of satisfying the Development Impact Fee, the Planning Board may require Town Council notification and/or review of these alternative means.
3. Relationship to Comprehensive Plan. No dedication of land to the public or Development Impact Fee shall be required unless the need for such is documented in the adopted plans of the Town, i.e., the Smithfield Comprehensive Community Plan, the Smithfield Recreation, Conservation and Open Space Plan, or the Smithfield Capital Improvement Program (CIP). The requirements of land for open space, conservation, park, and recreation facilities shall be based upon the policies and standards set forth in the above plans and Code of Ordinances of the Town of Smithfield, and shall reflect the character defined in the neighborhood or district in which the subdivision is located by the Comprehensive Community Plan. The nature of the land dedication must reflect the character of the land being subdivided and must be suitable for the intended use.

ARTICLE E. ENVIRONMENTAL IMPACT STATEMENT

1. Authority to Require Environmental Impact Statement. The Planning Board shall have the authority to require the applicant to prepare an Environmental Impact Statement (EIS) to assess the potential short and long term affects of the proposed subdivision or land development project if the Planning Board finds that there is reasonable expectation that the proposed development will have a significant negative environmental impact on natural systems located on the property that is the subject of the application, or upon nearby properties or natural systems.
2. "Findings of Fact" – Required to be Written. The Planning Board shall make "Findings of Fact" in writing and shall identify the environmental resources to be potentially threatened. The Board's findings shall be made a part of the record of the application.
3. Contents of Environmental Impact Statement. An EIS required under this Article shall include research and documentation describing and assessing short and long-term environmental impacts which may include, but not be limited to impacts upon the following:
   1. Freshwater Wetlands
   2. Noise and Air Quality
   3. Solid Waste Generation
   4. Historic/Archaeological Area
   5. Traffic
   6. Soils
   7. Wildlife
   8. Groundwater
   9. Vegetation
   10. Nutrient Levels
4. Notification to Applicant. If an EIS is required, the Applicant shall be so informed at the Preliminary Stage meeting for a Minor Development, or the Conceptual Master Plan Stage for a Major Development and shall be advised at said meeting as to the specific information that the EIS must contain.
5. Impacts on Development Plan Approvals. For any subdivision or land development project for which an EIS is required, the Board shall have the authority to impose conditions on approval that, based on the finding and analysis of the EIS, are reasonably necessary to minimize adverse impacts that the development may have on the natural or manmade environment.
6. Referral for Review and Comment to Conservation Commission. All Environmental Impact Statements may be referred to the Smithfield Conservation Commission for its review and comment.
7. Use of Project Review Fees Authorized If an EIS is required, the Planning Board may require an applicant to pay for the costs of the EIS by payment of Project Review Fees, as provided in Section IV, Article D.2.

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