§ 260-49

PD project application procedure

A. Preapplication sketch plan. The applicant for a PD project shall approach the Planning Board with a preapplication sketch plan and conference prior to submission of a preliminary development plan.
- (1) The applicant shall file with the Planning Board:
  - (a) Twelve legible black-line or blue-line prints of the preapplication concept plan.
  - (b) A location map showing the physical relationship of the proposed project to the area within a radius of 1/4 mile. Such map shall show major and arterial streets and street names; general location of public utilities; public transportation routes if applicable; public schools, parks and playgrounds; zoning classification and zoning boundaries; and existing shopping facilities. The location map shall be drawn at a scale of one inch to 100 feet.
  - (c) A proposed time schedule if the development of the project is to proceed by stage.
- (2) The Planning Board may jointly review and discuss the preapplication sketch plan with the applicant, the Superintendent of Public Works, the Building Official, Town Engineer, Zoning Official and Town Planner and representatives of the utility companies at a regularly scheduled meeting and the Planning Board may inspect the proposed project in the field and approve in principle, approve subject to modification or disapprove the plan at the next regularly scheduled meeting. The Planning Board will return one copy of the plan to the applicant with a statement of approval in principle, approval subject to modification or disapproval and the reasons therefor noted on the plan. At such time, and if appropriate, the Planning Board will advise the applicant of the necessity to establish conformance of such project with the state's Wetlands Acts.
- (3) The preapplication concept plan shall encompass the entire tract of land in contiguous ownership by the applicant and shall contain the following:
  - (a) Name of the project, name of owner, name of architect, registered engineer and registered land surveyor, zoning classification and zoning boundaries, including flood hazard zones where appropriate, date, North arrow, approximate scale and street names.
  - (b) The scale of the preapplication sketch plan shall be 100 feet to one inch.
  - (c) Approximate topographic conditions including general designation of any salt or freshwater wetlands. Where applicable, fresh and salt water wetlands shall be indicated as well as extent of coastal resources management zone and floodplain hazard districts; and
  - (d) Street layout of entire project.
  - (e) Approximate dimensions of streets.
  - (f) Number and approximate area of structures.
  - (g) Existing utilities and TV cables to include the size and approximate location of lines.
  - (h) Proposed recreation or open areas.
  - (i) Any existing deed restrictions or protective covenants.
  - (j) Any other preliminary information of data which is relevant to good land planning and design that may be required by the Planning Board.
B. Preliminary development plan.
- (1) At a scheduled meeting, the applicant shall submit a preliminary development plan to the Planning Board for review and approval in principle, and the Planning Board shall so approve prior to the submission of a PD rezoning application (application for amendment of Zoning Ordinance). The tentative written consent of all property owners within the proposed PD project shall be on file with the Town before Planning Board review of preliminary development plan shall be commenced.
- (2) Approval in principle of the preliminary development plan shall be limited to conformance to the following regulations and to the general acceptability of the land uses proposed and their interrelationship, and shall not be construed to endorse precise location of uses, configuration of parcels or engineering feasibility. Any preliminary development plan and text shall be prepared and endorsed by a qualified land planning specialist (planner, architect, landscape architect or engineer).
  - (a) The applicant shall file with the Planning Board the following:
    - [1] Twelve black-line or blue-line prints of the preliminary development plan.
    - [2] Twelve copies of center-line profiles of proposed streets at a suitable horizontal and vertical scale showing the location of proposed sewer, water and other utility lines, proposed underground drainage structures and facilities, the proposed street surface grades and the existing ground elevations.
    - [3] Report of the Director, State Department of Environmental Management, as to the suitability of the soil within the project boundaries for the safe and proper operation of a sewage disposal system together with RIDEM approval of proposed construction of such system, if such is planned.
    - [4] No freshwater wetland, as defined in Chapter 213 of the Public Laws of 1971, as amended, relating to freshwater wetlands, shall be excavated, drained or filled nor shall any extraneous materials be placed into these wetlands. Water flow shall not be diverted nor shall any change be made to the natural condition of a freshwater wetland without the prior approval of the Director of RIDEM and the Westerly Town Council in accordance with the provisions of said chapter. Such report, where appropriate, shall accompany the preliminary development plan.
  - (b) The Planning Board will discuss the preliminary development plan and the accompanying material, will inspect the proposed project site in the field if such is deemed advisable and will approve, approve subject to modification, or disapprove the preliminary development plan within 60 days of receipt. The Planning Board will return one copy of the preliminary development plan to the applicant with the statement of approval, approval subject to modification and the required modification, or disapproval and the reasons for disapproval noted on the preliminary development plan. Such sixty-day period will not start until such time that the Planning Board receives all material required herein. If the application requires modification, the applicant may, within 30 days of notification or within such further period as may be agreed to by the Planning Board, submit an amended preliminary development plan containing the required changes. If an amended plan is not filed within the prescribed period, the original preliminary development plan shall be considered disapproved. If an amended preliminary development plan is filed within the prescribed period, the Planning Board shall approve or disapprove the plan within 30 days after the date of the filing or within such further period as may be agreed to by the applicant.
  - (c) The preliminary development plan shall contain the following information and data:
    - [1] Name of project, name of owner, name of architect, registered engineer, or registered land surveyor, zoning classification and zoning boundaries, date, north point and scale and names of streets.
    - [2] The scale of the preliminary development plan shall be 40 feet to one inch.
    - [3] Names of owners of all land within 200 feet.
    - [4] Boundary line of project and total acreage encompassed.
    - [5] Existing Town boundary lines, watercourses, water wetlands, railroad and street rights-of-way, utility lines and easements, surface and subsurface drainage facilities, and building setback lines.
    - [6] Proposed street right-of-way, curb lines and street names; traffic circulation within confines of the project; easements; lot lines; building setback lines; and street trees.
    - [7] Dimensions as follows: Widths of street right-of-way; right-of-way lines and project boundaries; areas of lots; location and general layout and dimensions of principal and accessory building.
    - [8] Existing and proposed contours at intervals of not greater than five feet.
    - [9] Parcels of land proposed for conveyance to the Town for public purposes.
    - [10] Location of existing and proposed permanent monuments.
    - [11] Where appropriate, the Planning Board may additionally require:
      - [a] Location, arrangement and dimensions of automobile and truck parking, bays, aisles and loading space and docks;
      - [b] Location and dimensions of vehicular drives, entrances, exits, acceleration/deceleration lanes;
      - [c] Location and dimensions of pedestrian walkways including entrances, and exits;
      - [d] Location, arrangement and dimensions of truck loading and unloading spaces and docks;
      - [e] Architectural sketches of the proposed buildings;
      - [f] A market analysis shall be required for a PD project prepared and signed by a recognized independent market analyst acceptable to the Planning Board;
      - [g] A statement of financial responsibility;
      - [h] Location, height and materials of wall, fences and screen planting;
      - [i] Ground cover, finished grades, slopes, banks, and ditches;
      - [j] Location and general exterior dimensions of principal and accessory buildings;
      - [k] Location, size, height, and orientation of all signs other than flat signs on building facades;
      - [l] Preliminary architectural drawings for all buildings;
      - [m] Proposed land uses, population densities and building intensities;
      - [n] Delineation of the construction in progression;
      - [o] Relation to future land uses in surrounding areas and Comprehensive Plan; and
      - [p] Any additional information that the Westerly Planning Board may require.
C. General development plan.
- (1) Application. Within one year after approval of the preliminary development plan the applicant shall file with the Planning Board, at a scheduled meeting, the following:
  - (a) Four copies of the general development plan plus four copies of the street profiles; one copy shall be reproducible Mylar; three prints shall be on standard white drawing paper. The size of the sheets shall be 24 by 30 inches.
  - (b) Filing fee of $2,000 payable to the Town of Westerly.
  - (c) Certificate of the Tax Collector of the Town of Westerly that all taxes due on the land described in the general development plan have been paid for five years preceding the date of filing and that there are no outstanding tax liens thereon.
  - (d) Names and addresses of all owners of abutting land within 100 feet of the project as determined from the most recent tax record.
  - (e) A warranty deed conveying all street rights-of-way and other appropriate open areas to the Town of Westerly.
  - (f) A statement of the applicant describing any easements and the conditions thereof to the Planning Board.
  - (g) Copies of existing and proposed deed restrictions and protective covenants to run with land in the project, if such exist or are proposed.
  - (h) In lieu of the completion and installation of the required improvements to the land upon approval of the general development plan, the applicant shall submit to the Planning Board a certified check or performance payment bond for the faithful performance of construction and installation of such required improvements to the land.
  - (i) Certification by a registered professional civil engineer that all drainage structures and facilities will accommodate the average hourly rainfall for the area.
- (2) Notice and hearing. Notice and hearing shall proceed in accordance with the following:
  - (a) The Planning Board shall fix a date for public hearing to be held within 36 days of the filing of the general development plan with the Planning Board.
  - (b) Not less than 21 days prior to the hearing, the Planning Board will give written notice thereof, by registered mail, to the applicant and to owners of all land within 100 feet of the project.
  - (c) The Planning Board shall cause to be published in a newspaper of general circulation within the Town of Westerly a notice of the date, time and place of the hearing together with the names of the owners of record and the general location of the project not less than 14 days prior to the date of the hearing.
- (3) The general development plan shall contain the following information and data:
  - (a) Name of project, name of owner, name of architect, registered professional engineer or registered land surveyor, zoning classification and zoning boundaries, date, North point and scale.
  - (b) The scale of the final plat shall be 40 feet to one inch. One transparency of one inch equals 100 feet shall be submitted to the Tax Assessor.
  - (c) Names of owners of all land within 100 feet.
  - (d) Boundary line of project and total acreage encompassed.
  - (e) Existing watercourses, wetlands, railroad right-of-way, street and other easements.
  - (f) Street right-of-way, street names, easements, and building setback lines.
  - (g) Dimensions as follows: Widths of street right-of-way; rights-of-way lines and project boundaries; curve data to include lengths of radii, central angles and tangent distances; the location, sizes and lengths of waterlines, sanitary sewers, surface and subsurface drainage facilities.
  - (h) Parcels of land to be conveyed to the Town of Westerly.
  - (i) Location and character of all permanent monuments.
  - (j) Certification of a registered professional architect, civil engineer or registered land surveyor that the general development plan is correct, that permanent monuments shown on the plan have been properly placed and that their location and character are correctly shown.
  - (k) Location of all freshwater wetlands and indication of extent of flood hazard zone, wetland delineation accompanied by official verification from the Department of Environmental Management.
  - (l) All the information required on the preliminary development plan; the approximate location of structures; nonresidential building intensity; and land use considered suitable for adjacent properties.
  - (m) Where appropriate the Planning Board may additionally require:
    - [1] A schedule for the development to be constructed in progression and description of the design principles for buildings and streetscapes; tabulations of total number of acres in the proposed project and the percentage thereof designated for various uses; estimated number of nonresidential population; and anticipated timing for construction.
    - [2] Stage construction. If the development of the resort is to be carried out in progressive stages each stage shall be so planned that the requirements and intent of this chapter shall be fully complied with at the completion of each stage. No final plan for the initial stage of development of any resort shall be approved unless such stage can exist independent of the remaining stages.
    - [3] Evidence that the applicant has sufficient control over the land to effectuate the proposed plan, can exist independent of the remaining stages.
    - [4] Engineering feasibility studies as necessary.
    - [5] Site plan showing buildings, various functional use areas, circulation and their relationships.
    - [6] Preliminary building plans, including floor plans and exterior elevations, and an outline specification of materials to be used for construction.
    - [7] Landscape plans.
    - [8] Engineering plans, including site grading, street improvements, drainage and public utility extensions, as necessary.
    - [9] Any additional information that the Planning Board may require.
- (4) In addition to submission by the applicant of the general development plan, application shall be made to the Town Council for amendment of Zoning Ordinance.
D. Planned development approval. Planned development approval by the Planning Board, valid for one year, shall be secured for each unit of a PD as delineated on the general development plan. Such approval may be extended for an additional year upon application to the Planning Board. Minor changes to an approved PD pertaining to siting may be approved by the Planning Board in writing, provided that the change is in accord with the intent expressed in the general development plan.
- (1) The Planning Board shall indicate its approval or disapproval of the general development plan to the applicant by certified mail, precisely stating the reasons for disapproval within 45 days of the submission of such general development plan to the Planning Board. The Planning Board approval may be conditioned on required permits and/or approvals of the RIDEM.
- (2) When the general development plan is disapproved by the Planning Board, the applicant may apply to the Zoning Board of Review for a review of the decision of the Planning Board. If the general development plan is disapproved by cause of noncompliance with the preliminary plan, the general development plan may thereafter be submitted to the Planning Board as an amended preliminary plan. The procedure for consideration of an amended preliminary plan shall be the same as that for an original preliminary plan.
- (3) Change of general development plan: If the applicant wants to make an amendment to an approved plan, a written request shall be submitted to the Planning Board. If, in the opinion of the Planning Board, a requested change is sufficiently substantial, the Planning Board shall require the submission of an amended plan.
E. Findings required. The Planning Board, after public hearing (on the general development plan), may recommend to the Town Council the establishment of a PD District with such special conditions as it deems advisable, and the Town Council, after public hearing may by ordinance establish a PD District, provided that the facts submitted with the application and presented at the hearing establish that:
- (1) The proposed PD District with such special conditions it deems advisable, or given unit thereof, can be substantially completed within four years of the establishment of the PD District;
- (2) That each individual unit of development, as well as the total development, can exist as an independent unit capable of creating an environment of sustained desirability and stability or that adequate assurance will be provided that such objective will be attained; that the uses proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which could not be achieved under other zoning districts;
- (3) That the streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in such amounts as to overload the street networks outside the PD Districts;
- (4) That any proposed resort can be justified economically at the locations proposed;
- (5) That any exception from standard ordinance requirements is warranted by the design and amenities incorporated in the general development plan;
- (6) That the area surrounding said development can be planned and zoned in coordination and substantial compatibility with the proposed development;
- (7) That the PD District is in conformance with the Comprehensive Plan of the Town of Westerly; and
- (8) That the existing or proposed utility services are adequate for the population densities proposed.
F. Planning Board and Town Council action.
- (1) If from facts presented, the Planning Board or Town Council is unable to make the necessary findings, the application shall be denied. In taking action, the Planning Board may recommend denial to the Town Council of the general development plan and general development schedule as submitted, or may recommend approval of said plan and schedule subject to specified amendments. In no instance shall a Planning Board decision be binding on an action by the Town Council relative to granting a zone change for a PD District. The Town Council, after receiving the general development plan and recommendations from the Planning Board, shall make final determination of zone change. Should the Planning Board recommend denial, the Town Council shall give the applicant an opportunity to present his side of the conflict to the Town Council.
  - (a) Major changes in a general development plan shall be considered the same as a change in the zoning map and shall be made in accordance with the provisions of this Zoning Ordinance.
  - (b) At the time of adopting any ordinance amendment establishing a PD District the Town Council shall make appropriate arrangements with the applicant, which will insure the accomplishment at the scheduled times of the public improvements and grants of easement shown on the approved general development plan.
  - (c) If no development has occurred to effectuate a PD District development within one year after the district is created, the Planning Board shall review the action and determine whether or not the continuation of a given PD District is in the public interest and so notify the Town Council of their findings.
- (2) Other requirements. Underground facilities, including telephone and electric systems, are required within the limits of all PD Districts. Appurtenances to these systems which can be effectively screened may be excepted from this requirement if the Planning Board finds that such exception will not violate the intent or character of the proposed PD District.
- (3) The Town Council may, in establishing a PD District, also vary the dimensional regulations herein where it determines that such variation is not in conflict with the Comprehensive Plan or the use, enjoyment, or value of neighboring property.