Development plan review

[Amended 5-15-2000 by Ch. No. 1300; 10-12-2004 by Ch. No. 1510; 12-13-2004 by Ch. No. 1520; 5-22-2006 by Ch. No. 1575; 9-11-2006 by Ch. No. 1580; 9-21-2020 by Ch. No. 1995; 10-26-2020 by Ch. No. 1997]

• A. Intent. The purpose of this section is to preserve the Town's natural environment, enhance its built environment, improve its visual character, and sustain a high quality of life through review of plans for new development and redevelopment of existing uses. High standards of design; landscaping (including landscaped parking lots); improved community appearance; preservation and protection of environmental quality; buffering and screening of conflicting land uses from other land uses and from public streets; and traffic and pedestrian safety are goals to be achieved through development plan review.
• B. New or redeveloped uses, activities or facilities requiring development plan review by the Planning Board include:
  • (1) Construction of any new multifamily residential structure, or combination of structures, with three or more units, except for those projects that require review under R.I.G.L. § 45-23-38 or 39.
  • (2) Construction of any new commercial, industrial, or mixed-use structure or combination of structures, with a gross floor area of 1,000 square feet or more, except for those projects that require review under R.I.G.L. § 45-23-38 or 39.
  • (3) Construction of any addition or expansion of impervious surface of at least 1,000 square feet or 25% of the impervious surface, whichever is less, to an existing multifamily, commercial, industrial, or mixed-use structure, or combination of structures.
  • (4) New development, or the redevelopment, reconstruction, relocation, or enlargement of an off-street parking area or loading facility.
• C. Exempt activities. Development plan review by the Planning Board shall not be required for the following activities:
  • (1) Any activity associated with a change of use of any land or any structure if such a change:
    • (a) Does not involve physical alteration of the land; or
    • (b) Involves interior modifications to a building only; or
    • (c) Involves exterior modifications to a building which results in an increase in the area of the lot which is covered by impervious surface of less than 1,000 square feet or 25% of the impervious surface, whichever is less.
  • (2) Single or two-household detached residential structures, and subdivisions that require review under R.I.G.L. § 45-23-38 or 39.
  • (3) Upon the written decision of the Town Planner finding that the change in use or occupancy and construction will not affect existing drainage, circulation, relationship of buildings to each other, landscaping, buffering, lighting and other considerations of development plan review, and that the existing facilities do not require upgraded or additional site improvements to become or remain consistent with this section.
• D. Administrative review.
  • (1) A zoning submittal application and the written opinion of the Zoning Officer shall precede any development plan review application. The Office of Planning shall provide the necessary forms for development plan review and shall review the plans for completeness. Before submitting a development plan, an applicant may meet with a staff member of the Planning Office to discuss the proposed project, and to establish which of the requirements set forth in the Development Plan Review Checklist are applicable. The required contents of the development plan submission will depend on the scope and complexity of the proposed project, as determined by the Town Planner. This provision does not affect the authority of the Planning Board to request additional information or documentation from the applicant. The application fee for development plan review shall be equal to $500 plus $20 per commercial/residential unit.
  • (2) At the discretion of the Town Planner, an application will be certified as complete. A complete application shall be referred by the Town Planner to the Zoning Officer, Town Engineer and utilities, other boards and public safety personnel for review and comment as applicable.
  • (3) Any application for development plan review which includes new construction including additions, signs and other advertising features, exterior lighting and/or landscaping shall first be reviewed by the Architectural Review Board (ARB). Such review by the ARB shall be advisory to the Planning Board, Zoning Board and other permitting authority and shall include a recommendation with respect to any relief requested or conditions required for consistency with the standards of § 260-45F.
• E. Planning Board action.
  • (1) Any development or redevelopment permitted under the Zoning Ordinance and requiring development plan review under this section may be either approved, approved with conditions, or denied on the merits of the proposed plan by the Planning Board. Unless the Planning Board decision is advisory to the Zoning Board, the written decision of the Planning Board shall be recorded in the land evidence records within 20 days of the Planning Board vote. The decision of the Planning Board may be appealed to the Zoning Board within 30 days of the date the decision is recorded.
  • (2) Any development or redevelopment that also requires a variance, special use permit, Zoning Ordinance amendment or Zoning Map change shall complete development plan review by the Planning Board prior to the hearing of the permitting authority. Development plan review by the Planning Board shall be advisory to the permitting authority and shall include a recommendation with respect to any relief requested or conditions required for consistency with the standards of § 260-45F and the Comprehensive Plan. Under these circumstances the decision of the Planning Board cannot be appealed.
  • (3) Final development plan review approval shall be provided by the Town Planner. If a development proposal is modified by the Zoning Board or other local or state permitting authority, the Town Planner may grant final approval upon finding that all revisions are done in accordance with the provisions of this chapter and with any conditions to which the original approved plan is subject. However, any revision to a development plan determined by the Town Planner to be a substantial modification will require submission of an application for final plan approval by the Planning Board. Whether approved administratively by the Town Planner or by the Planning Board, the application fee for final approval shall be $100.
• F. Standards for development plan review. In addition to the appropriate standards set forth in Article XI and Article XII, the following standards shall be applied by the Town Planner and the Planning Board for review and disposition of applications for development plan approval. The Town Planner may waive any standards that are not applicable to the application. Development plan approval shall be granted unless the development plan fails to meet one or more of the following standards.
  • (1) Relation of proposed buildings, structures and appurtenances to those in the vicinity. The design and layout of the buildings, other structures and appurtenances shall be harmonious with the terrain and with existing buildings in the vicinity. In the review by the ARB and Planning Board, visual compatibility, not uniformity, with the surrounding area shall be emphasized, with attention given to the scale (mass), height, and proportions of the proposed buildings and other structures, the nature of the setbacks and open spaces surrounding the buildings, the design of the buildings (including roof style, facade, architectural style and detailing), and building materials. If the proposed buildings, structures and appurtenances are within an historic district or within 200 feet of an historic property or historic district boundary, the ARB and Planning Board shall consider the effect which the proposed development will have on the historic resources. In conducting its development plan review of oceanfront historic hotels, in addition to obtaining the recommendations of the Rhode Island Historical Preservation and Heritage Commission, the Planning Board shall engage one expert and may engage up to three experts in historical preservation and architecture as consultants, at the expense of the applicant, for advice in reviewing the development plan's consistency with these standards.
  • (2) Vehicular access. The proposed layout of access points shall be designed to avoid multiple curb cuts and unnecessary adverse impacts on existing vehicular, bicycle and pedestrian traffic patterns. Consideration shall be given to the location, number and limitation of access points, bike lane/sidewalk location and accessibility, capacity of adjacent streets, traffic flow, site distances, turning lanes, directional signage and existing or proposed traffic signalization. Provisions shall be made for safe emergency vehicle access to all buildings and structures on the site. Development plan approval shall be conditioned on the receipt of necessary alteration permits and access easements.
  • (3) Parking and interior circulation. The layout and design of vehicular, bicycle and pedestrian circulation on the parcel, including walkways, interior drives, and parking areas shall be safe and convenient and, insofar as practicable, enhance the pedestrian use within the parcel and of the vicinity through connections to sidewalks, bike lanes, walking trails, and adjacent parcels. Particular attention shall be given to safe separation of pedestrian and vehicular traffic, service and truck traffic, drive-up facilities, loading areas, handicap accessibility, bicycle racks and the arrangement and use of parking areas.
  • (4) Surface water drainage.
    • (a) Adequate provision shall be made for surface drainage so that modifications of surface water drainage will not adversely affect neighboring properties, downstream conditions, or the public storm drainage system. Stormwater runoff shall be held to a zero-percent off-site increase after development. The intent is to adequately control the flow rate, total volume, and velocity of stormwater drainage. On-site infiltration shall be utilized to minimize discharges and reduce pollutant loads whenever possible. Consideration should also be given to the existing surface water drainage contributing to the natural hydrology of wetlands and watercourses on adjacent properties. Modifications to surface water drainage should not result in significant adverse impacts to the hydrologic regime of surrounding water resources (i.e., duration and depth of inundation in wetlands, periodicity, discharge, and/or velocity of flow in watercourses).
    • (b) All development shall be required to meet the provisions of Chapter 224, Stormwater Management. All drainage calculations shall be based on a twenty-five-year storm frequency. Emphasis shall be placed on the protection of the waters of the Pawcatuck River, floodplains, coastal waters, salt ponds, wetlands and preservation of stream corridors. Maintenance procedures shall be reviewed to determine the adequacy of stormwater management and its long-term viability. Development plan approval shall be conditioned on final approval and permitting of a stormwater management plan and certification of all stormwater infrastructure.
  • (5) Utilities. All utilities included in the development plan shall be reviewed by the Department of Public Works as to their adequacy, safety, and impact on Town services and facilities and surrounding properties. The development plan shall show what provisions are proposed for water supply, wastewater, and solid waste disposal. Whenever feasible, all electric, telephone, fiberoptic and other utility lines shall be installed underground. Any utility installations aboveground shall be located to have minimum negative impact on the site and the vicinity. Development plan approval shall be conditioned on final approval and permitting of water supply, wastewater, and solid waste disposal by appropriate authority.
  • (6) Signs/other advertising features. The size, location, design and lighting of all exterior signs and advertising structures or features shall meet the requirements of the Zoning Ordinance or obtain relief from the Zoning Board including § 260-86. The ARB shall review all signage packages for multi-occupant developments as required by § 260-86 and ensure signs and other advertising features do not detract from the layout of the site, the design of proposed buildings and structures or those in the vicinity and shall not interfere with safe vehicular or pedestrian circulation. Development plan approval shall be conditioned upon the receipt of a sign permit and zoning relief.
  • (7) Exterior lighting. All exterior lighting shall be designed to encourage energy efficiency, to ensure safe movement of people and vehicles, and to minimize adverse impact on neighboring properties and public ways.
  • (8) Landscaping. Landscaping shall be designed to ameliorate the appearance of off-street parking areas, to enhance the appearance of the site, reduce air and noise pollution and to minimize any negative visual impact of the development on neighboring properties and on public ways. Attention shall be paid to the use of plantings to break up parking areas, and other grade changes shall be in harmony with the general character of adjacent properties and neighboring uses. Landscaping shall be provided as part of the overall site design and integrated into building arrangements, topography, and for buffering and screening of conflicting land uses from other land uses and from public streets. Parking lot landscaping is also required for heat mitigation, stormwater management, defining circulation and to break up large expanses of pavement.
  • (9) Special features. Exposed storage areas, exposed machinery installations, service areas, truck loading areas, potential hazardous materials, utility buildings and structures, protective fencing, retaining walls and similar accessory uses and structures shall be subject to such construction and screening methods as may reasonably be required to minimize their negative impact on the site and surrounding properties and public ways.
  • (10) Environmental factors. Protection, impact mitigation, and enhancement of environmentally sensitive areas shall be addressed by the applicant as part of the development application. Environmentally sensitive areas include, but are not limited to, the Pawcatuck River, the salt ponds, Little Narragansett Bay, woodland areas, agricultural soils, unique vegetation, flood hazard areas, wetlands, steep slopes and rare and endangered species. Wherever possible, the proposed development project shall be designed to use sensitive areas as visual or recreational open space, greenways or undisturbed space. A development plan shall not be approved if it would result in water pollution, damage to shoreline vegetation, or inhibition of public access to waters. All bioretention shall be conducted in accordance with the performance standards described in § A261-30.1.
• G. Recording and expiration of development plan approval. A decision of the Planning Board and final approval of the Town Planner on the development plan shall be recorded in the Land Evidence Records. Unless the use of the land has commenced, or a building permit is issued, within one year from the date of final approval, said approval shall expire. Upon the request of the applicant, approval of the development plan may be extended for up to two additional one-year periods if all factors of the original development plan review are the same and the applicant requests extension prior to the expiration of the original approval period.