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Land Development & Subdivision Regulations
Town of North Providence
1995
G. Richard Fossa
Mayor, Town of North Providence
North Providence Planning Board
Edmund A. Restivo, Chairman
Warren Riccitelli, Vice Chairman
John Zuba, Secretary
Vincent Caccia
Steven DiPietro
Mona Monachi
Henry A. Riccitelli
Final
(Adopted 12/11/95)
1
Town of North Providence, Rhode Island
Land Development & Subdivision Regulations
Table of Contents
Section
Title
Page
1
General
A. Enactment, Authority & Purpose
1
B. Definitions
3-9
2
Pre-Application Meetings & Concept Review
10
3
Application for Development & Certification of
Completeness
10
4
Administrative Subdivisions
11
5
Minor Land Development and Minor
Subdivision Review
12
6
Major Land Development and Major
Subdivision Review Stages
13
7
Major Land Development & Major
Subdivision - Master Plan
13
8
Major Land Development and Major
Subdivision - Preliminary Plan
15
9
Major Land Development and Major
Subdivision - Public Hearing & Notice
16
10
Major Land Development and Major
Subdivision - Final Plan
17
11
Design Standards
A. General
18
B. Easements
19
C. Streets
19
D. Blocks
20
E. Lots
21
12
Public Design & Improvement Standards
21
13
Construction and/or Improvement Guarantee
21
14
Requirements for Dedication of Public Land -
Public Improvements and Fees
24
15
Phasing of Projects
25
16
Land Development Projects
26
17
Local Regulations - Authority to Create
26
And Administer
26
18
Public Hearing & Notice Requirements
26
2
19
Publication & Availability
27
20
Administration - The Administrative Officer
27
21
The Board of Appeals
28
22
Administrative Fees
28
23
Violations and Penalties
28
24
Procedures - Required Findings
29
25
Precedence of Approvals Between Planning
Board and other Local Permitting Authorities
29
26
Waiver - Modifications and Reinstatement of Plans 30
27
Procedures - Meetings, Votes, Decisions and Records 31
28
Signing and Recording of Plats and Plans
31
29
Changes to Recorded Plats and Plans
32
30
Process of Appeals
33
31
Board of Appeals - Public Hearing
33
32
Appeals - Standards of Review
34
33
Appeals to the Superior Court
34
34
Appeals to the Superior Court - Enactment of or
Amendment of Regulations
35
35
Appeals to the Superior Court - Priority
in Judicial Proceedings
36
36
Severability
36
Schedule A
Street Construction Specifications
Appendix A
Specifications & Submissions for Plans & Plats
Appendix B
Zoning Standards
Appendix C
Specifications for Construction Required
Improvements to the Land
Appendix D
Fee Schedule
Appendix E
Supplemental Regulations-Environmental Controls
Flood Hazard Provisions
Exhibit 1
Complimentary Regulations
Holding Pond Ordinance
3
Town of North Providence, Rhode Island
Land Development & Subdivision Regulations
Section 1. General
Article A. Enactment, Authority and Purpose:
In order to assure the orderly development of the Town of North Providence, the
following regulations governing the subdivision of land are hereby adopted by the North
Providence Planning Board in accordance with Title 45, Chapter 23 of the general Laws
of the State of Rhode Island, entitled The Land Development and Subdivision Review
Enabling Act of 1992 and in accordance with an ordinance entitled "Subdivision
Ordinance" enacted by the North Providence Town Council and declared effective as of
December 11, 1995. All regulations and amendments or parts of regulations and
amendments which are inconsistent herewith are hereby repealed and withdrawn.
Finding:
The North Providence Planning Board finds that:
(1)
The previous subdivision regulations enacted in accordance with sections 45-23-1
through 45-23-24 of the General Laws of the State of Rhode Island & Providence
Plantations, are antiquated, having been adopted in1967. As a result, they do not provide
for all the elements presently necessary for proper municipal review and approval of land
development and subdivision projects;
(2)
The character of land development and subdivisions has changed substantially
over the years, as have related public and private services;
(3)
The responsibilities of local governments in regulating land development and
subdivisions have changed, increased in complexity, and expanded to include additional
areas of concern, particularly in regards to environmental issues;
(4)
State and Federal laws increasingly require the interaction of local land
development regulatory authorities with those of the federal and state agencies and
adjacent communities;
(5)
In many cases, land development/subdivisions occurred without the knowledge or
consent of the North Providence Planning Board, due to a lack of information,
communication or ambiguities in the existing ordinance, resulting in unwarranted
environmental and financial impacts and inappropriate designs.
4
(6)
Each individual city and town throughout the state establish their own procedures
for review, approval, recording and enforcement of land development and subdivision
projects.
(7)
It is necessary to provide for review and approval of land development projects
within the subdivision review and approval procedures, as specified in the State of Rhode
Island's Zoning Enabling Act of 1991 (45-24-27 et seq.) and finally,
(8)
It is necessary to require that the regulations and standards for all land
development projects and subdivisions be sufficiently definite to provide clear directions
for the development, design and construction, and to satisfy the requirements for due
process for all applicants for development approval.
Therefore, it is the intent of the Town of North Providence, acting by and through the
North Providence Planning Board:
(1)
To provide the community with the ability to adequately address the present and
future needs of land development through RIGL 45-23-30, and
(2)
To ensure the consistency of all development regulations in the town through the
adoption of land development and subdivision regulations in accordance with the North
Providence Comprehensive Community Plan and the North Providence Zoning
Ordinance;
(3)
To provide consistency in the local procedures for review and approval of land
development and subdivisions ;
(4)
To uniformly enforce and integrate the approvals of state regulatory agencies into
the local review and approval process for land development and subdivisions;
(5)
And to ensure that all proposed land developments and subdivisions be reviewed
following a standardized process prior to the recording in the land evidence records of the
Town of North Providence.
General Purpose of Land Development and Subdivision Review Rules and
Regulations.
The following land development and subdivision review regulations have been developed
and will be maintained in accordance with Rhode Island General Laws 45-23 and The
Town of North Providence Comprehensive Community Plan,(which complies with
Rhode Island General Laws Chapter 45.22.2) and the North Providence Zoning
Ordinance (which complies with Rhode Island General Laws 45-24-27 et seq.)
These regulations are intended to address the following concerns:
5
(1)
Provide for the orderly, thorough and expeditious review and approval of land
development and subdivisions;
(2)
Promote high quality and appropriate design and construction of land
development and subdivisions;
(3)
Promote the protection of the existing natural and built environment and the
mitigation of all significant negative impacts of any proposed development on the
existing environment;
(4)
Promote land developments and subdivisions that are designed to be well-
integrated with the surrounding neighborhoods, with particular attention given to natural
and built features;
(5)
Promote the concentration of development in areas which can best support
intensive use by reason of natural characteristics and existing infrastructure;
(6)
Encourage local design and improvement standards to reflect the intent of the
North Providence Comprehensive Community Plan, with particular attention given to the
physical character of the various neighborhoods and districts of the town;
(7)
Promote thorough technical review of all proposed land development and
subdivisions by appropriate local officials;
(8)
Encourage local requirements for dedication of public land, impact mitigation and
payment-in-lieu thereof, to be based on clear documentation of needs and to be fairly and
equitably administered; and
(9)
Encourage the establishment and consistent application of procedures for record-
keeping on all matters of land development and subdivision review, approval and
construction.
Article B:
Definitions
Where words or phrases used in these regulations are previously defined in the definition
section of either the "Rhode Island Comprehensive Planning and Land Use Regulations
Act," (Section 45-22.2-4), or the Zoning Enabling Act of 1991," (Section 45-24-31), they
shall have the meanings stated therein. Additional words and phrases used in the ensuing
regulations shall have the following meanings:
6
(1)Abutter
Owner of land within two hundred feet (200') of the subdivision as
determined from the most recent public records. Land separated from proposed
subdivisions by a street, right-of-way, or easement is considered as abutting land.
(2)Administrative Officer
The municipal official designated by the local regulations
to administer the land development and subdivision regulations and to coordinate with
local boards and commissions, municipal staff and state agencies. The Director of the
Department of Planning and Community Development currently holds such authority.
(3)Administrative Subdivision
Re-subdivision of existing lots which yields no
additional lots for development and involves no creation or extension of streets. The re-
subdivision only involves divisions, mergers, mergers and division, or adjustments of
boundaries of existing lots.
(4)Block
The area between two (2) streets that intersect with another street or right-
of-way. A square block is the area delineated by the intersection of four (4) streets or
rights-of-way
(5)Board of Appeal The local review authority for appeals of actions of the
administrative officer and/or the Planning Board on matters of land development or
subdivision, which shall be the North Providence Zoning Board of Review.
(6)Bond
A security instrument accepted by the town to ensure that all
improvements, facilities, or work required by the land development and subdivision
regulations, or required by the Town as a condition of approval, will be completed in
compliance with the approved plan and specifications of a development. (Also see
Improvement Guarantee)
(7)Bridge
Shall mean a structure having a clear span of ten (10) feet or more
measured along the centerline of roadway, spanning a watercourse or other opening or
obstruction.
(8)Building
Any structure built for the support, enclosure or shelter of persons,
animals, chattel or movable property of any kind .
(9)Buildable Lot
A lot where construction for the use(s) permitted on the site under
the local zoning ordinance is considered practical by the planning board, considering the
physical constraints to development of the site, as well as the requirements of the
pertinent federal, state and local regulations.
(10)Building setback line
A line parallel to a street right-of-way which establishes the
minimum distance buildings must be constructed from the street right-of-way.
(11)Certificate of Completeness
A notice issued by the administrative officer
informing the applicant that the application submitted to the officer by the applicant is
complete and meets the requirements of the town's regulations. Upon issuance, the
7
applicant may proceed with the approval process. This certificate does not indicate
project approval status.
(12)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.
(13)Consistency with the Comprehensive Plan
A requirement of all land use
regulations. All regulations and subsequent actions shall be in accordance with the public
policies arrived at through detailed study and analysis and adopted by the town as the
North Providence Comprehensive Community Plan.
(14)Cul-de-sac
A local street having only one (1) outlet and having a sufficient
radius to allow for the safe and convenient reversal of traffic.
(15)Dedication, fee-in-lieu of
Payments made to the Town of North Providence
versus the actual dedication of land. This will occur only when physical conditions of the
site or other extenuating circumstances do not permit for the actual dedication of land to
the town.
(16)Development regulation
Zoning, subdivision, land development plan,
development plan review, historic district, official map, flood plain regulation, soil
erosion, holding pond ordinance, design review or any other governmental regulation
governing the use and development of land.
(17)Division of Land
A subdivision.
(18)Easement
The authorized use of a designated piece of land by the property
owner for the use by another and for a specific purpose.
(19)Environmental Constraints
Natural features, resources, or land characteristics
that are sensitive to change and may require conservation measures or the application of
special development techniques to prevent degradation of the site, or may require limited
development.
(20)Final Plan
The final stage of land development and subdivision
review.
(21)Final Plat
The final drawing(s) of all or a portion of a subdivision to be
recorded after approval by the planning board and any accompanying materials as
described in Appendix A.
(22)Flood Hazard
Those areas delineated by the National Flood Insurance Program
maps as flood hazard/prone areas.
(23)Floor area, gross
See the Rhode Island State Building Codes, as amended.
8
(24)Governing Body
The body of local government - The North Providence
Town Council - which has the power to adopt ordinances, accept public improvements
and dedications, release public improvement guarantees (bonds) and establish and collect
fees.
(25)Improvement
Any natural or built item which becomes part of, is placed
upon, or is affixed to, real estate.
(26)Improvement Guarantee
A security instrument accepted by the town
to ensure that all improvements, facilities, or work required by the land development and
subdivision regulations, or required by the town as a condition of approval, will be
completed in compliance with the approved plans and specifications of a development.
(27)Local Regulations
The land development and subdivision review regulations
adopted by the North Providence Planning Board pursuant to Rhode Island General
Laws, Section 45-23.
(28)Maintenance Guarantee
Any security instrument which may be
required and accepted by the town to ensure that necessary improvements will function as
required for a specific period of time. (See Improvement Guarantee)
(29)Major Land Development Plan
Any land development plan not classified as
a minor land development plan.
(30)Major Subdivision
Any subdivision not classified as either an administrative
subdivision or a minor subdivision.
(31)Master Plan
An overall plan for a proposed project site outlining general, rather
than detailed development intentions. It describes the basic parameters of a major
development proposal, rather than giving full engineering details. Required in major land
development or major subdivision review.
(32)Minor Land Development Plan
A development plan for a residential project
as defined in local regulations, provided that such development does not require waivers
or modifications as specified in this act. all nonresidential land development projects
shall be considered as major land development plans.
(33)Minor Subdivision
A plan for a residential subdivision of land consisting of
five (5) or fewer units or lots, provided that such subdivision does not require waivers or
modifications as specified in this act. All nonresidential subdivisions shall be considered
as major subdivisions.
(34)Modification of Requirements
See Section 36 of these rules.
9
(35)Parcel
A lot, or contiguous group of lots in single ownership or under single
control, and usually considered a unit for purposes of development. Also referred to as a
tract.
(36)Parking area or lot
All that portion of a development that is used by vehicles,
the total area used for vehicular access, circulation, parking, loading and unloading.
(37)Permitting Authority
The local agency of government specifically empowered by
state enabling law and local ordinance to hear and decide on specific matters pertaining to
local land use - The Planning Board, and appeals the Zoning Board of Review.
(38)Phased development
Development, usually for large scale projects, where
construction of public and/or private improvements proceeds by section(s) subsequent to
approval of a master plan for the entire site.
(39)Physical Constraints to development Characteristics of a site or area, either
natural or man-made, which present significant difficulties to construction of the uses
permitted on that site, or would require extraordinary construction methods.
(40)Planning Board
The official planning agency of the Town of North
Providence, Rhode Island.
(41)Plat
A drawing or drawings of a land development or subdivision plan showing
the location, boundaries, and lot lines of individual properties, as well as other necessary
information as specified in the local regulations.
(42)Pre-application Conference
An initial meeting between the developer and the
municipal representatives which affords developers the opportunity to present their
proposals informally and to receive comments and directions from the municipal officials
and others.
(43)Preliminary Plan
The required stage of land development and
subdivision review which shall require detailed engineered drawings and all required
state and federal permits.
(44)Public Improvement
Any street or other roadway, sidewalk, pedestrian way,
tree, lawn, off-street parking area, drainage feature, or other facility for which the local
government or other governmental entity either is presently responsible, or will
ultimately assume the responsibility for maintenance and operation upon municipal
acceptance.
(45)Public Informational Meeting A meeting of the planning board or governing body
preceded by a notice, open to the public and at which the public shall be heard.
(46)Re-Subdivision
Any change of an approved or recorded subdivision plat or
in a lot recorded in the municipal land evidence records, or that affects the lot lines of any
10
areas reserved for public use, or that affects any map or plan legally recorded prior to the
adoption of the local land development and subdivision regulations. For the purposes of
this act, any such action shall constitute a subdivision.
(47)Storm Water Detention
A provision for storage of storm water runoff and
the controlled release of such runoff during and after a flood or storm.
(48)Storm Water Retention
A provision for storage of storm water runoff
(49)Street
A public or private thoroughfare used, or intended to be used, for passage
or travel by motor vehicles. streets are further classified by the functions they perform.
(See Street Classification)
(50)Street, Access to
An adequate and permanent way of entering a lot. All lots
of record shall have access to a public street for all vehicles normally associated with the
uses permitted for that lot.
(51)Street, Alley
A public or private thoroughfare primarily designed to serve as
secondary access to the side or rear of those properties whose principal frontage is on
some other street.
(52)Street, Cul-de-sac
A local street with only one outlet and having an
appropriate vehicular turnaround, either temporary or permanent, at the closed end.
(53)Street, Limited Access Highway
A freeway or expressway providing for
through traffic. Owners or occupants of abutting property on lands and other persons
have no legal right to access, except at such points and in such manner as may be
determined by the public authority having jurisdiction over the highway.
(54)Street, Private
A thoroughfare established as a separate tract for the benefit of
multiple, adjacent properties and meeting specific, municipal improvement standards.
This definition shall not apply to driveways.
(55)Street, Public
All public property reserved or dedicated for street traffic
(56)Street, Stub
A portion of a street reserved to provide access to future
development, which may provide for utility connections.
(57)Street Classification
A method of roadway organization which identifies a street
hierarchy according to function within a road system, that is, types of vehicles served and
anticipated volumes, for the purposes of promoting safety, efficient land use and the
design character of neighborhoods and districts. Local classifications shall use the
following as major categories:
(a)
Arterial:
A major street that serves as an avenue for the circulation of traffic
into, out of, or around the municipality and carries high volumes of traffic.
11
(b)
Collector:
A street whose principal function is to carry traffic between local
streets and arterial streets but that may also provide direct access to abutting
properties.
(c)
Local:
Streets whose primary function is to provide access to abutting
properties.
(58)Subdivider
Any person who (1) having an interest in land, causes it, directly or
indirectly, to be divided into a subdivision or who (2) directly or indirectly sells, leases,
or develops, or offers to sell, lease, or develop, or advertises to sell, lease, or develop, any
interest, lot, parcel, site, unit, or plat in a subdivision, or who (3) engages directly or
through an agent in the business of selling, leasing, developing, or offering for sale, lease,
or development a subdivision or any interest, lot, parcel, site, unit, or plat in a
subdivision.
(59)Subdivision
The division or re-division, of a lot, tract or parcel of land into two
or more lots, tracts, or parcels. Any adjustment to existing lot lines of a recorded lot by
any means shall be considered a subdivision. All re-subdivision activity shall be
considered a subdivision. The division of property for purposes of financing constitutes a
subdivision.
(60)Technical Review Committee A committee appointed by the planning board for
the purpose of reviewing, commenting, and making recommendations to the planning
board with respect to approval of land development and subdivision applications.
(61)Temporary Improvement
Improvements built and maintained by a developer
during construction of a development project and prior to release of the improvement
guarantee, but not intended to be permanent.
(62)Vested Rights
The right to initiate or continue the development of an approved
project for a specified period of time, under the regulations that were in effect at the time
of approval, even if, after the approval, the regulations change prior to the completion of
the project.
(63)Waiver of Requirements
See Section 34 of these rules.
Section 2. Pre -Application Meetings and Concept Review
(A)
One or more pre-application meetings shall be held for all major land
development or subdivision applications. Pre-application meetings may be held for
administrative and minor applications, upon request of either the planning board or the
applicant. Pre-application meetings shall allow the applicant to meet with appropriate
local officials, boards and/or commissions, planning staff, and, where appropriate, state
agencies, for advice as to the required steps in the approvals process, the pertinent local
12
plans, ordinances, regulations, rules and procedures and standards which may bear upon
the proposed development project.
(B)
At the Pre-application stage the applicant may request the planning board for an
informal concept review for a development. The purpose of the concept plan review is
also to provide planning board input in the formative stages of major subdivisions and
land development concept design.
(C)
Applicants seeking a pre-application meeting or an informal concept review shall
submit all materials outlined in Appendix A in advance of the meeting(s).
(D)
Pre-application meetings shall aim to encourage information sharing and
discussion of project concepts among the participants. pre-application discussions are
intended for the guidance of the applicant and shall not be considered approval of a
project or its various elements.
Section 3.
Application for Development & Certification of Completeness
(A)
Classification: The administrative officer shall advise the applicant as to which
approvals are required and the appropriate board for hearing of an application for land
development or subdivision project. The following types of applications as herein
defined may be filed:
(1) Administrative subdivision
(2) Minor subdivision or minor land development plan
(3) Major subdivision or major land development plan
(B)
Certification of a complete application: An application shall be complete for
purposes of commencing the application time period for action when so certified by the
administrative officer. In the event such certification of the application is not made
within the time specified by law, the application shall be deemed complete for purposes
of commencing the review period, unless the application lacks information required for
such applications as specified in Appendix A and the administrative officer has notified
the applicant in writing of the deficiencies in the application.
(C)
Notwithstanding subsection (A) and (B) above, the planning board may
subsequently require correction of any information found to be in error and submission of
additional information specific in the regulations but not required by the administrative
officer prior to certification, as is necessary to make an informal decision.
(D)
Where the review is postponed with the consent of the applicant, pending further
information or revision of information, the time period for review shall be stayed and
shall resume when the planning board determines that the required application
information is complete.
Section 4.
Administrative Subdivision
13
(A)
Any applicant requesting approval of a proposed administrative subdivision, as
defined in these regulations, shall submit to the administrator the items required in
Appendix A.
(B)
The applicant shall be certified as complete or incomplete by the administrative
officer within a fifteen (15) day period from the date of its submission according to the
provisions of Section 3(B) hereinabove.
(C)
Review Process:
(1) Within fifteen (15) days of certification of completeness, the administrative officer
shall review the application and approve, deny or refer it to the planning board with
recommendations. The officer shall report his/her actions to the planning board at its
next regularly scheduled meeting, to become part of the record.
(2) If no action is taken by the administrative officer within the fifteen (15) days, the
application shall be placed on the agenda of the next regularly scheduled planning board
meeting.
(D)
If referred to the planning board, the board shall consider the application and the
recommendations of the administrative officer and shall either approve, approve with
conditions, or deny the application within sixty-five (65) days of certification
completeness. Failure of the planning board to act within the prescribed period shall
constitute approval of the administrative subdivision plan. The administrative officer
shall certify that the failure of the planning board to act within the required time period,
resulted in an approval. This shall be issued upon the request of the applicant.
(E)
Denial of an application by the administrative officer cannot be appealed, and
shall require the plan to be submitted as a minor subdivision application.
(F)
Approval of an administrative subdivision shall expire ninety (90) days from the
date of approval unless within such period a plat in conformity with such approval is
submitted for signature as specified in Section 24.
Section 5. Minor Land Development and Minor Subdivision Review
(A)Review Stages:
Minor plan review shall consist of two stages, preliminary and
final, provided that if a street creation or extension is involved, a public hearing is
required. The planning board may combine the approval stages, provided that
requirements for both stages have been met by the applicant to the satisfaction of the
planning officials.
(B)Submission requirements: Any applicant requesting approval of a minor subdivision
or minor land development, as defined in these regulations, shall submit to the
administrative officer the items identified hereinafter in Appendix A.
14
(C)Certification:
The applicant shall be certified complete or incomplete by the
administrative officer within twenty-five (25) days, according to the provisions of Section
3(B) hereinabove.
(D)Administrative Review: The administrative officer shall review the application and
shall comment and make recommendations to the planning board. The application shall
be referred to the planning board as a whole.
(E)Re-assignment to major review: The planning board may re-assign a proposed minor
project to major review only when the planning board is unable to make the positive
finding required in Section 24 hereinbelow.
(F)Decision: If no street creation or extension is required, the planning board shall
approve, deny, or approve with conditions, the preliminary plan within sixty-five (65)
days of certification of completeness, or within such further time as is agreed to by the
applicant and the board in accordance with the requirements of Section 27 herein. If a
street extension or creation is required, the planning board shall hold a public hearing
prior to approval according to the requirements of these regulations at Section 8(c) & (d)
of these regulations and shall approve, deny, or approve with conditions, the preliminary
plan within ninety-five (95) days of certification of completeness, or within such further
time as is agreed to by the applicant and the board, according to the requirements of
Section 27.
(G)Failure to act:
Failure of the planning board to act within the prescribed period
shall constitute approval of the preliminary plan. The administrative officer shall certify
that the failure of the planning board to act within the required time period, resulted in an
approval. This shall be issued upon the request of the applicant.
(H)Final Plan: the planning board may delegate final plan review and approval to the
administrative officer. The officer shall report his/her findings to the planning board at
its next regularly scheduled meeting, to be made part of the record.
(I)Vesting:
Approval of a minor land development or subdivision plan shall expire
ninety (90) days from the date of approval unless within such period a plat or plan is
submitted for signature and recording, in conformity with such approval, and as defined
in these regulations in Appendix A. Validity may be extended for a longer period, for
cause shown if requested by the applicant in writing prior to the expiration of the period,
and approved by the planning board.
Section 6. Major Land Development and Major Subdivision Review Stages
(A)
Major plan review shall be required of all applications for land development and
subdivision approval subject to these regulations, unless classified as an administrative
subdivision or as a minor land development or a minor subdivision.
15
(B)
Major plan review shall consist of three stages of review: Master plan,
preliminary plan, and final plan, following the pre-application meeting(s) specified in
Section 2 hereinabove. In addition, a public information meeting and a public hearing are
required.
(C)
The planning board may vote to combine review stages and to modify and/or
waive requirements as specified in these regulations. Review stages may be combined
only after the planning board determines that all necessary requirements have been met
by the applicant.
Section 7. Major Land Development and Major Subdivisions - Master Plan:
(A)
Submission Requirements:
(1)
The applicant shall first submit to the administrative officer the items required in
Section 6 (2) below.
(2)
Requirements for the master plan and supporting materials for this phase of
review shall include, but not be limited to : Information on the natural and built features
of the surrounding neighborhood, existing natural and man-made conditions of the
development site, including topographic features, the freshwater wetland and coastal zone
boundaries, the floodplain, as well as the proposed design concept, proposed public
improvements and dedications, tentative construction phasing, and potential
neighborhood impacts.
(3)
Initial comments shall be solicited from: (1) local agencies including but not
limited to, the planning and community development department, the department of
public works, fire and police departments, the conservation and recreation commissions;
(2) adjacent communities; (3) state agencies, as appropriate, including the Rhode island
Department of Environmental Management and the Rhode Island Department of
Transportation, and the Coastal resources Management Council; and (4) Federal
agencies, as appropriate. The administrative officer shall coordinate review and
comment by local officials, adjacent communities, and the state and federal agencies.
(B)
Certification:
The application shall be certified complete or incomplete by the administrative officer
within ninety (90) days, in accordance with section 3(B) above.
(C)
Informal Meeting:
A public informational meeting shall be held prior to the planning board decision
on the master plan, unless the master plan and preliminary plan approvals are being
combined, in which case the public informational meeting shall be optional, based upon
the planning board's determination.
16
(1) Public notice for the informational meeting is required and shall be given at least
seven (7) days prior to the date of the meeting in a newspaper of general circulation in the
town. Postcard notice shall be mailed to the applicant and to include all property owners
within the notice area which is to all owners of abutting property within two hundred feet
(200') of the property perimeter.
(2) at the public informational meeting the applicant shall present the proposed
development project. The planning board shall allow oral and written comments from the
general public. All public comment shall be made part of the public record of the project
application.
(D)Decision: The planning board shall, within one hundred twenty (120) days of
certification of completeness, or within such further time as many be consented to by the
applicant, approve of the master plan as submitted, approve with changes and/or
conditions, or deny the applicant, according to the requirements of Section 27.
(E)Failure to act:
Failure of the planning board to act within the period prescribed
shall constitute approval of the master plan. The administrative officer shall certify that
the failure of the planning board to act within the required time period, resulted in an
approval. This shall be issued upon the request of the applicant.
(F)Vesting:
(1)
The approved master plan shall be vested for a period of one (1) year, with a one
(1) year extension possible upon the written request of the applicant, who must appear
before the planning board for an annual review. Vesting may be extended for a longer
period, for good cause shown, if requested by the applicant prior to the expiration of the
approval date. Such requests must be made in writing and approved by the Planning
board. Master plan vesting shall include zoning requirements, conceptual layout and all
conditions shown on the approved master plan drawing and supporting materials.
(2)
The initial two (2) year vesting for the approved master plan shall constitute the
vested rights for the development as required in Section 11.
Section 8. Major Land Development and Major Subdivision - Preliminary Plan
(A)
Submission Requirements:
(1)
The applicant shall first submit to the administrative officer the items required in
Appendix A for preliminary plan.
(2)
Requirements for the preliminary plan and supporting materials for this phase of
review shall include, but not be limited to: Engineering plans depicting the proposed
development project, a perimeter survey, all permits required by state and federal
agencies prior to commencement of construction, including permits related to freshwater
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wetlands, the coastal zone, floodplains, disposal systems, public water systems, and
connections to state or town roads.
(3)
Final written comments and/or approvals of the department of public works, the
town engineer, the town solicitor, other local government departments, commissions, or
authorities as appropriate.
(4)
Prior to approval of the preliminary plan, copies of all legal documents describing
the property, proposed easements and rights-of-way must be filed with the proper
authorities.
(B)Certification
The application shall be certified as complete or incomplete by the administrative
officer within sixty (60) days, according to the provisions of section 3(B).
(C)Public Hearing
Prior to the planning board issuing a decision on the preliminary plan, a public
hearing, which adheres to the requirements for notice described in Section 9,
hereinbelow, must be held.
(D)Public Improvement Guarantees
Proposed arrangements for completion of the required public improvements,
including construction schedule and/or financial guarantees shall be reviewed and
approved by the planning board at the preliminary plan approval stage.
(E)Decision
A complete application for a major subdivision or development plan shall be
approved, approved with conditions or denied within one hundred and twenty (120) days
of the date when it is certified complete, or within such further times as may be consented
to by the developer.
(F)Failure to act
Failure of the planning board to act within the period prescribed shall constitute
approval of the preliminary plan. The administrative officer shall certify that the failure
of the planning board to act within the required time period, resulted in an approval. This
shall be issued upon the request of the applicant.
(G)Vesting
The approved preliminary plan shall be vested for a period of one (1) year and
vesting may be extended for a longer period, for good cause shown, if requested in
writing by the applicant prior to the expiration of the deadline. Such requests must be
made in writing and approved by the Planning board. The vesting for the preliminary
plan approval shall include all general and specific conditions as shown on the approved
preliminary plan drawings and supporting materials.
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Section 9 - Major Land Development and Major Subdivision - Public Hearing &
Notice
(A)
A public hearing shall be required for a major land development or a major
subdivision or where a street extension or creation required a public hearing for a minor
subdivision.
(B)Notice Requirements
Public notice of the hearing shall be given at least fourteen (14) days prior to the
hearing in a newspaper of general circulation within the town following the town's
customary practices for such advertising. Notice shall be sent to the applicant and to each
owner of property within two hundred feet (200') of the perimeter of the property, by
certified mail, return receipt requested, of the time and place of the hearing not less than
ten (10) days prior to the date of the hearing. Such notice shall also include the street
address of the subject property, or if no street address is available, the distance from the
nearest intersection in tenths (1/10) of a mile. The board may require a supplemental
notice that an application for a development location in question. Such posting shall be
for informal purposes only and shall not constitute required notice of a public hearing.
(C)Notice Area
(1)
The distance for notice of the public hearing shall be to all owners of property
within two hundred feet (200') of the perimeter of the entire property under
consideration. Intervening streets, highways, roadways, easements or rights-of-way shall
not nullify the intention of this notice area.
(2)Watersheds
Additional notice within watersheds shall also be sent by first class mail to the
city or town planning board of any municipality where there is a public or quasi-public
water source, or private water source that is used or is suitable for use as a public water
source, located within two thousand feet (2,000') of the municipal boundaries.
Notice of a public hearing shall be sent to the governing body of any state or
municipal water department or agency, special water district, or private water company
that has riparian rights to surface water resource and/or surface watershed that is used or
is suitable for use as a public water source located within either the town, or two
thousand feet (2,000') of the municipal boundaries, provided however, that a map survey
has been filed with the building inspector as specified in section 45-24-53(E) of the
General Laws of Rhode Island.
(3)Adjacent Municipalities:
Notice of the public hearing shall be sent by the administrative officer to the
administrative officer of an adjacent municipality if (1)The notice area extends into the
adjacent municipality, or (2) The development site extends into the adjacent municipality,
or (3) There is a potential for significant negative impact on the adjacent municipality.
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(D)Notice Costs:
The cost of all such notices and advertisements shall be borne by the applicant, as
identified in Appendix D - Fee Schedule
Section 10 Major land Development and Major Subdivisions - Final Plan
(A)Submission Requirements:
(1)
The applicant shall submit to the administrative officer the items required for final
plan in Appendix A, as well as all materials required by the planning board when the
application was given preliminary approval.
(2)
Arrangements for completion of the required public improvements, including a
construction schedule and/or financial guarantees.
(3)
Certification by the Tax Collector that all property taxes are current.
(4)
For phased projects, the final plan for phases following the first phase, shall be
accompanied by copies of as-built drawings not previously submitted of all existing
public improvements for prior phases.
(B)Certification
The application for final plan approval shall be certified complete or incomplete
by the administrative officer within forty-five (45) days, according to the provisions of
section 3(B) hereinabove. If the administrative officer certifies the application as
complete and does not require submission to the planning board as per subsection (C)
below, the final plan shall be considered approved.
(C)Referral to the Planning Board
If the administrative officer determines that an application for final approval does
not meet the requirements set by the regulations or by the planning board at the
preliminary approval stage, the administrative officer shall refer the final plans to the
planning board for review. the planning board shall within forty-five (45) days after the
certification of completeness, or within such further time as may be consented to by the
applicant, approve, approve with conditions, or deny the final plan as submitted.
(D)Failure to act
Failure of the planning board to act within the period prescribed shall constitute
approval of the final plan. The administrative officer shall certify that the failure of the
planning board to act within the required time period, resulted in an approval. This shall
be issued upon the request of the applicant.
(E)Recording
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The final approval of a major subdivision or land development project shall expire
one (1) year from the date of approval unless, within that period, the plat or plan shall
have been submitted for signature and recording as specified in these regulations. The
planning board may, for good cause shown, extend the period for recording for an
additional period not to exceed one (1) year.
(F)Acceptance of Public Improvements
Signature and recording as specified in these regulations shall constitute
acceptance by the town of any street or other public improvements or other land intended
for dedication. Final plan approval shall not impose any duty upon the town to maintain
or improve those dedicated areas until the Town Council accepts the completed public
improvements as constructed in compliance with the final plans.
(G)Validity of Recorded Plans
The approved final plan, once recorded, shall remain valid as the approved plan
for the site unless an amendment to the plan is approved under the procedures set forth in
these regulations, or a new plan is approved by the planning board.
Section 11. Design Standards
The planning board will require any project to conform to the following design standards
Article A:
General
1.
Land deemed unsuitable for building purposes, in the judgment of the planning
board, will not be approved for land development or subdivision.
2.
All land development or subdivisions shall conform to and be in harmony with
these regulations, the zoning ordinance and the North providence Comprehensive
Community Plan.
3.
The layout of streets shall be considered in relation to the existing street system
and any official highway plan of the Town of North Providence.
(A) The arrangement of streets shall, where practical, provide for continuation or
appropriate projection of existing principal streets into surrounding areas.
(B) The use of grinding street patterns, or similar designs will not be permitted.
(C) Streets shall conform to the topography of an area that is gridiron.
(D) Care shall be exercised to ensure that all streets in a subdivision or land
development project are functional, i.e. provide service to lots or to enhance the internal
traffic circulation system. Excessive streets are usually an unnecessary expense and their
net result is to increase the cost of services and maintenance by the town.
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(E) The developer shall avoid, where possible, the layout of streets in such
manner as to radically alter the natural drainage patterns.
4.
The design of a land development project or subdivision will complement the site
and be compatible with the natural surroundings.
Article B. Easements
The planning board may require the provision of easements for installation and
maintenance of utilities and for drainage facilities. Such easements shall be a minimum
of twenty (20) feet wide and will be labeled accordingly on all plans.
Article C. Streets
1. Street rights-of-way, both existing and proposed, shall be continued with at least the
same width throughout the subdivision.
2. Street intersection centerlines shall coincide precisely with, or be offset by at least one
hundred fifty (150) feet on centerline.
3. Street centerlines shall intersect at right angles, as nearly as practicable and no
intersections shall contain an angle of less than sixty (60) degrees.
4. Private streets shall not be allowed nor shown on a plat being recorded.
5. Street rights-of-way and street pavement width, centered between property lines, shall
not be less than designated in schedule A.
6. The planning board may require additional width for streets subject to heavy traffic
volumes.
7. Street grades of residential streets shall not be less than that designated in Schedule A.
8. Dead-end streets shall not be more than six hundred (600) feet in length and shall at
their closed end a turnaround with a minimum outside curb radius of forty (40) feet and a
right-of-way radius of fifty (50) feet. Where a dead-end street is to provide access to
adjacent property, the planning board may require provisions for a temporary turnaround
until such time as the adjacent tract is developed and the street is extended.
9. Reservation of strips of land by the developer or subdivider, or any physical barrier,
controlling access to a street shall not be permitted. This requirement shall not be subject
to the provisions of G. - Modification of Standards.
10. Where street rights-of-way grades require two (2) feet or more cut or fill, retaining
walls will be required along abutting property lines or the abutting properties will be
graded to a maximum slope of 3:1 at the street right-of-way line.
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11. An extension of an existing street shall have the same as the existing street. Names
of other proposed streets shall be substantially different from any existing street name in
the Town of North Providence, as certified by the Town Planner.
12. Superelevation: All roadway curves shall be superelevated in accordance with the
design requirements, the State of Rhode Island, and AASTO Policy of Geometric Design
of Rural Highways, except that superelevation shall not exceed .08 feet per foot width of
roadway.
13 Intersection Sight Distances: All roadway intersections shall be designed to have
the corner sight distances as designated in Schedule A. Corner sight distance is measured
from a point on the minor road at least fifteen (15) feet from the edge of the major road
pavement and measured an eye height of 3.75 feet on the minor road to a height of object
of 4.5 feet on the major road.
14. Design of Intersection Roadway Surfaces: Intersection roadway pavements shall
have a paved transition area at all corners to accommodate turning movements.
15. Bridges: All bridges shall be as wide as the required pavement for that class road
plus four (4) feet and shall conform to the State of Rhode Island, Department of Public
Works and Highways standard specifications for road and bridge construction.
Article D. Blocks
1. In residential subdivisions, blocks shall not be greater than one thousand (1,000) feet
in length.
2. Where it is deemed appropriate to the design, the planning board may require
provisions for pedestrian rights-of-way. all such rights-of-way shall be ten (10) feet in
width and shall be conveyed to the Town of North Providence by deed.
3. Blocks in land development projects, group housing, commercial or industrial
developments, shall be designed to allow traffic to move with ease and to provide
inherent safety to pedestrians and inhabitants.
Article E. Lots
1. Lots shall front on an existing or proposed public street. All lots shall have a
minimum frontage as shown in the appropriate zoning category in Appendix B.
2. Lots shall not extend through a block to another existing of proposed residential street.
3. Except on those sides bordering a street, lots shall not have interior angles greater than
two hundred (200) degrees.
4. The proportion of lot depth to lot width shall not exceed the ratio of 2.5 to 1
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5. All side lot lines shall be as near right angles to street right-of-way lines as practicable
or radial in arrangement when the street right-of-way line is a curve.
Section 12. Public Design & Improvement Standards
(A)
Public design and improvement standards for development are specified in
Appendix C - "Specifications For Construction of Required Improvements To The
Land", attached hereto and made part hereof by reference.
Section 13. Construction and/or Improvement Guarantees:
(A)
Any developer of any land development project or subdivision involving the
construction of construction features or land improvements which are anticipated to be
conveyed upon completion to the Town may: (1) Construct any and all public right-of-
way and other improvements. Such improvements may be conveyed to the town after the
expiration of a guarantee period involving a period of no less than six (6) months and
after such improvements are inspected and approved by the Department of Public Works
and other appropriate town agencies. (2) Provide an improvement guarantee, or (3) A
combination of the above.
Where improvements are constructed without a financial guarantee, the work is to
be completed prior to the final approval. All construction shall be inspected and
approved under the direction of the administrative officer with a "worthiness" period of
no less than six (6) months intervening between the time the improvements are declared
acceptable by the town and the improvements are conveyed to the town. During all such
periods of time, no sale, lease or other conveyance of land, including the negotiations to
sell , lease or otherwise convey the property, or any portion thereof, may be engaged in
by the developer or subdivider. Similarly, the subdivider or developer, nor any other
representative thereof cannot apply for any form of a building permit, nor may the
building official issue any such permits for improvements to the land beyond those
required to construct and complete the public improvements thereupon, which were
approved by the Planning Board.
(B)
Where the developer or subdivider wishes to construct the public improvements
simultaneously with the sale, lease or conveyance, and/or negotiations to sell, lease or
otherwise convey portions of the development or subdivision, an improvement guarantee
must be posted with the administrative officer as follows:
(1)
The subdivider or developer must post a bond or bank certified check sufficient to
cover the full cost of the improvements required by the planning board in compliance
with these regulations and any additional required improvements to the land. The amount
of such bond shall be approved by the Planning board, with recommendations given by
the administrative officer and the Department of Public Works, the Building Inspector
and any other appropriate personnel. The bond shall be subject to the following
conditions and requirements:
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(a) Form of Guarantee: The developer or subdivider shall submit to the administrative
officer a performance bond or bank certified check payable to the Town of North
Providence, Rhode Island.
(b) Conditions: The Town Solicitor shall establish the reliability of the person, persons,
or bonding company or other financial institution furnishing surety or sureties. Having
firmly established the foregoing conditions, it shall be unnecessary to re-establish the fact
on subsequent surety or sureties furnished by the same person, persons on bonding
company or other financial institution.
Acceptance of a performance bond or bank certified check by the administrative
officer and the recording of such action in the minutes of the planning board meeting
shall constitute a binding agreement between the principal, the surety and the Town of
North providence, Rhode Island. Said bond or bank certified check shall be retained for
safekeeping by the Finance Director of the Town of North Providence.
(c) Duration and release of guarantee:
(i) The terms of duration of a performance bond or bank certified check shall
begin with the date of acceptance by the Planning Board.
(ii) The performance bond or bank certified check shall be conditioned on the
faithful completion or construction and installation of remaining improvements to the
land within a period of one (1) year as certified by the town. A performance bond does
not have an expiration date and shall only be returned one (1) year after the completion of
the improvements in order to ascertain the durability/acceptability of the improvements.
(iii) One (1) year after completion of all required improvements to the land, the
subdivider or developer may apply to the planning board at a regularly scheduled meeting
for release of the performance bond or bank certified check. this application shall be
accompanied by a certificate from the town that all improvements have been installed,
constructed and completed within the specified time limit and in accordance with the
specifications contained in these regulations. said certificate will also contain a statement
containing the condition of said improvements at that time.
(iv) Upon receipt of the application for the release of the bond or bank certified
check with the accompanying certification by the town engineer, the planning board will
review the project and all relevant data. If the plat is found to be complete, the board will
forward a letter to the Town Council, containing a copy of the application for release of
the performance bond or bank certified check and the certification by the town engineer.
Such certification will contain a request to release the bond or check and accept any
public streets shown on the plat into the town functional highway system.
(d)Extension of Time:
If, due to circumstances beyond the control of the subdivider or developer, the
construction of required improvements to the land cannot be completed in the prescribed
time, the planning board may grant a one-time extension for a period not to exceed ninety
(90) days. During such time, the guarantees shall remain in full force and effect.
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(e)Default:
(i)Conditions of Default:
The Town of North Providence shall hold the subdivider or developer and surety
in default of guarantee should the subdivider or developer:
(a)Fail to meet all specifications for construction of required improvements to the
land;
(b)Fail to properly notify the Town Planner of the beginning and completion of all
phases of construction of required improvements to the land;
(c)Fail to protect existing improvements and/or properly repair such
improvements should damage occur during construction of the subdivision or land
development project;
(d)Fail to clean debris from the site and adjacent areas upon the completion of
construction within the project;
(e)Fail to correct improvement deficiencies, within one (1) year of completion of
said improvements;
(f)Fail to complete required improvements to the land within the time prescribed
in these regulations;
(g)Fail to provide the town planner with "as-built" plans of the improvements.
(ii) Certificate of Default:
(1) Should any of the conditions cited in (I) above occur, the town engineer shall certify
in writing to the administrative officer that the subdivider or developer has not complied
with the requirements of these regulations and the plans as approved by the Planning
Board. The Town Engineer shall further state the extent of non-compliance and the
conditions thereof.
(2) The Planning Board shall submit in writing to the Town Council, its concurrence
with or disapproval of the determination of the town Engineer.
(iii) Execution of Guarantee:
The Town Council may under the provisions of G.L. 45-23-46(I), execute only
that portion of the guarantee which shall be necessary to correct any deficiency for which
the subdivider or developer and surety are held in default.
(iv) Payment by Surety:
Upon notification to the surety, by the Town Council that the developer has been
in default of guarantee, the surety shall promptly pay to the Town of North providence
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that portion of the guarantee which shall be necessary to correct the deficiency for which
the subdivider or developer and surety are held in default. Should the Town Of North
providence hold a bank certified check from the subdivider or developer, the Town
Council may order the bank certified check surrendered for payment of the portion
necessary to cover the amount of the default applied to the correction thereof. The
remainder of the bank certified check thus surrendered shall be retained until a certificate
of completion has finally been issued.
(C)
Where a subdivider or developer has completed the construction and/or
completion of the improvements as shown in Section 13(A) hereinabove and then wishes
to proceed with the sale, lease or conveyance of property and/or the negotiation for sale,
lease or other conveyance of the property during the guarantee period, the subdivider or
developer, may invoke the guarantee of improvements provision of Section 13(B) above.
Only upon such action may building permits be applied for and issued for construction on
such property as has been created or approved.
Section 14. Requirements for Dedication of Public Land - Public Improvements and
Fees
The Planning Board may require, as a condition of approval of a proposed land
development or subdivision project, the dedication of land to the public, public
improvements, payment-in-lieu of construction, or payment to mitigate the impacts of a
proposed project. in so doing, the Planning Board shall consider the following:
(1) All required public improvements must reflect the character defined for that
neighborhood or district as indicated in the North Providence Comprehensive
Community Plan.
(2) The need for all dedication of land to the public and/or for payment in lieu of such
dedication must be clearly documented in the North Providence Comprehensive
Community Plan.
(3) No dedication of land to the public or payment-in-lieu of dedication may be required
until the need for such are identified and documented by the Town. The land proposed
for dedication must also be determined as appropriate for the proposed use and the
formulas for calculating a payment-in-lieu of dedication must be strictly adhered to.
(4) All dedications, improvements, and/or payments-in-lieu thereof, for mitigation of
identified negative impacts of proposed projects must meet the above standards.
Furthermore, the significant negative impacts of the proposed development on the
existing conditions must be clearly documented. The mitigation required as a condition
of approval must be related to the significance of the identified impact, and:
(5) All payments-in-lieu of dedication or construction to mitigate the impacts of the
proposed development shall be kept in restricted accounts and shall only be spent on the
mitigation of the identified impacts for which it is required.
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Section 15. Phasing of Projects
(A) The Planning Board may allow for preliminary and final stages, and for the
construction of major land developments and subdivisions to be divided into reasonable
phases.
(B)When considering a phased development project, the planning board shall consider
the following:
(1) Approval of the entire site design as a master plan. Development plans may
be submitted for preliminary and/or final review and/or approval of phases(s) thereafter.
(2)(a) Standards and guidelines for determining the physical limits of phases,
completion schedules, and guarantees; (b)For allowing two (2) or more phases to proceed
in review or construction simultaneously, (c)For interim public improvements or
construction conditions, (d)For changes to master or preliminary plans which shall be
agreed to prior to any project moving through negotiations between the planning board
and the development and/or subdivider as necessitated by local conditions.
(3)
The master plan documents shall contain information on the physical
limits of the phases, the schedule and sequence of public improvement installation,
improvement guarantees, and the work and completion schedules for approvals and
construction of the phases.
(C) Vesting:
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.
Section 16. Land Development Projects
Land development projects filed under the provisions of these regulations shall be
considered under the authority of Article VIII of the North Providence Zoning Ordinance,
as amended. Submissions shall comply with the provisions of these regulations.
Section 17. Local Regulations - The Authority to Create and Administer
The North Providence Planning Board is empowered pursuant to Article 15 of the North
Providence Legislative Charter, to develop, enact, amend, repeal or modify rules and
regulations for the review and approval of land development projects and subdivision
projects within the Town of North Providence. In addition, the planning board is
designated by the Charter as the local authority charged with the control and approval of
land development projects and subdivision projects pursuant to those regulations and
acts.
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Section 18. Public Hearing and Notice Requirement
(A)
These regulations shall be adopted, repealed, or amended after a public hearing
has been held upon the question before the planning board. The planning board shall first
give notice of the public hearing by publication of notice in a newspaper of general
circulation within the Town of North Providence at least once each week for three (3)
consecutive weeks prior to the date of the hearing, which may include the week in which
the hearing is to be held. At this hearing, all interested parties and persons shall have the
opportunity to be heard upon the matter of the proposed regulations. Written notice,
which may be a copy of the newspaper notice, shall be mailed to the Associate Director
of the Division of Planning of the Rhode Island Department of Administration at least
two (2) weeks prior to the hearing. The newspaper notice shall be published as a display
advertisement, using a type size at least as large as the normal type size used by the
newspaper in the legal notices and shall:
(1) Specify the place of said hearing and the date of its commencement;
(2) Indicate that adoption, amendment or repeal of local regulations is under
consideration;
(3) Contain a statement of the proposed amendments to the regulations that may be
printed once in its entirety, or may summarize or describe the matter under consideration;
(4) Advise those interested where and when a copy of the matter under consideration
may be obtained or examined and copied; and
(5) State that the proposal shown therein may be altered or amended prior to the close of
the public hearing without further advertising, as a result of further study or because of
the views expressed at the public hearing. Any such alterations or amendment must be
presented for comment in the course of said hearing.
(B)
Notice of the public hearing shall be sent by first class mail to the city or town
planning boards of any municipality where there is a public or quasi-public water source,
or private water source that is used or is suitable for use as a public water source, located
within two thousand feet (2,000') of the Town of North providence.
(C)
Notice of a public hearing shall be sent to the governing body of any state or
municipal water department or agency, special water district, or private water company
that has riparian rights to a surface water resource and/or surface watershed that is used
or is suitable for use as a public water source located within either the Town of North
Providence, or two thousand feet (2,000') of the town, provided however, that a map
survey has been filed with the building official as specified in RIGL Section 45-24-53(E).
(D)
No defect in the form of any notice under this section shall render any regulations
invalid, unless such defect is found to be intentional or misleading.
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(E)
The above requirements are top be construed as minimum requirements.
Section 19. Publication and Availability
(A)
Printed copies of these regulations shall be available in the Town Clerk's Office
to the general public and shall be revised to include all amendments. Any appendices
shall also be available. A reasonable charge may be made for copies.
(B)
Upon publication of these regulations and any amendments hereto, the Town shall
send a copy to the Rhode Island Department of Administration's Division of Planning
and the State Law Library.
Section 20. Administration - The Administrative Officer
(A)
Local administration of these regulations shall be under the direction of the
Administrative officer, also known as the Director of Planning and Community
Development, who shall report to the Planning Board.
(B)
The Director of Planning and Community Development for the Town of North
Providence, shall oversee and coordinate the review, approval, recording and
enforcement of the provisions of these regulations.
(C)
the administrative officer shall be responsible for coordinating reviews of
proposed land development projects and subdivisions with adjacent municipalities as is
necessary to be consistent with applicable federal, state, and local laws, and as directed
by the Planning Board.
(D)
Enforcement of the local regulations shall be under the direction of the
administrative officer. The administrative officer shall be responsible for coordinating
the enforcement efforts of the zoning enforcement officer, the building official, planning
department staff, the town engineer, the department of public works, and any other local
officials responsible for the enforcement/implementation of these rules.
Section 21. The Board of Appeals
The Zoning Board of Review of the Town of North Providence shall serve as the board of
appeals to hear appeals of decisions of the Planning Board or the Administrative Officer
on matters of review and approval of land development and subdivision projects.
Section 22. Administrative Fees
A fee schedule is hereby established in Appendix D, attached hereto and made part of this
document. The Planning Board may from time to time, amend or otherwise alter such fee
schedule by amendment to these regulations. The administrative office shall cause such
fee schedule to be published and disseminated as appropriate.
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Section 23. Violations and Penalties
(A)
Any person, firm, corporation, or association who is the owner of land within the
Town of North Providence, whether in a land development project or subdivision, who
shall transfer, sell or negotiate to sell any land by reference to or exhibition of or by any
use of a plat of land in a land development or subdivision project before such plat has
been approved by the administrative officer or the planning board, as appropriate, shall
be subject to a fine of two hundred fifty dollars ($250.00) for each violation. Each
transfer, sale or negotiation to sell land in violation of this ordinance shall be considered a
separate violation. In addition, the division/or sale of land by metes and bounds in the
instrument of transfer shall not be exempt from the above provisions.
The Town of North Providence may petition the Superior Court for the County of
Providence to enjoin any transfer or sale as set forth in the preceding paragraph.
(B)
Avoidance of Unlawful Sale: Recovery of Damages
Any sale of land subdivided in violation of these provisions of these regulations
shall subject the seller to the forfeiture of any and all consideration received, or pledges
thereof together, with any damages sustained by such purchaser, who may maintain an
action of the case, to recover any amount due, under the provisions of this section.
Section 24. Procedures - Required Findings
All administrative, minor and major development applications shall address each of the
general purposes stated in Section 1 hereof. In approving such development projects, the
Planning Board, or the board of appeals if on appeal, shall make positive findings of the
following standards, as part of the proposed project record prior to such approval being
granted:
(1)
The proposed development is consistent with the North Providence
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 North Providence 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 of approval.
(4)
Subdivisions, 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
Building Lot). Lots with such physical constraints to development may be created only if
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identified as permanent open space or permanently reserved for a public purpose on the
approved, recorded plans; and
(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 as complying with this requirement.
Section 25. Precedence of Approvals Between Planning Board and other Local
Permitting Agencies
(A)
Zoning Board
(1) Where an applicant required a variance from the zoning ordinance and planning
board, approval, the applicant shall first obtain an advisory recommendation from the
planning board, as well as conditional planning board approval for the first approval stage
for the proposed project, then obtain conditional zoning board relief, then return to the
planning board for subsequent required approval(s).
(2) Where an applicant required a special use permit under the zoning ordinance and
planning board approval, the applicant shall first obtain an advisory recommendation
from the planning board, as well as conditional planning board approval for the first
approval stage for the proposed project, then obtain a conditional special-use permit from
the zoning board. The applicant may then return to the planning board for subsequent
required approval(s).
(B)
Town Council
Where an applicant required planning board approval as well as town council
approval for a zoning map change or a zoning ordinance amendment, the applicant shall
first obtain an advisory recommendation for the zone change from the planning board, as
well as conditional planning board approval for the first approval stage for the proposed
project. A conditional zoning change may then be granted by the Town Council, thence
returning to the planning board for subsequent required approval(s).
Section 26. Waivers - Modification and reinstatement of Plans
(A) Waiver of Development Plan Approval
(1)
The Planning Board may waive requirements for development plan approval
where there is a change in use or occupancy and no extensive construction of
improvements is sought. The waiver may be granted only by a decision by the planning
board finding that the use will not affect existing drainage, circulation, the relationship of
buildings to each other, landscaping, buffering, lighting, and other considerations of
development plan approval. In addition, a waiver may be granted if the existing facilities
do not require upgrading or additional site improvements, as a result of the development.
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(2)
The application for a waiver of development plan approval review shall include
documentation, as required by the planning board, on the prior use of the site, the
proposed use, and its impact.
(B) Waiver and/or Modification of Requirements
The Planning Board shall have the power to grant waivers and/or modifications
from the requirements for land development and subdivision approval as may be
reasonable and within the general purpose and intent of the provisions of the regulations.
The only grounds for such waivers and/or modifications shall be where the literal
enforcement of one (1) or more of the provisions of the regulations is impracticable and
will exact undue hardship. This hardship can be the result of peculiar conditions
pertaining to the land, or existing structures. Such a waiver/modification must be in the
best interest of good planning practices/and or design as evidenced by being consistent
with the North Providence Comprehensive Community Plan and the North Providence
Zoning Ordinance.
(C) Whenever reinstatement of a development application occurs the original deadline
for each step as outlined in these regulations shall apply to the stage of approval under
reconsideration or modification.
(D) Decision
The Planning Board shall approve, approve with conditions, or deny the request
for either a waiver or modification as described in subsection (A) and (B) above, and in
accordance with Section 27 below.
Section 27 - Procedures: Meetings, Votes, Decisions and Records
(A) All records of the North Planning Board proceedings and decisions shall be written
and kept permanently available for public review. Completed applications for proposed
land development and subdivision projects under review by the planning board, shall be
available for public review.
(B) Participation in a planning board meeting or other proceedings by any party shall not
be a cause for civil action or liability, except for acts not in good faith, intentional
misconduct, knowing violation of law, transactions where there is an improper personal
benefit, or malicious, wanton, or willful misconduct.
(C) All final written comments to the planning board from the administrative officer,
municipal departments, state and federal agencies, and local commissions shall be part of
the permanent record of the development application.
(D) Votes
All votes of the North Providence Planning Board shall be made part of the
permanent record and shall show the members present and their votes. A decision by the
planning board to approve any land development or subdivision application shall require
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a vote approval of a majority of the current planning board membership - (A majority of
the full board's membership, regardless of the number of members present at any
meeting.).
Section 28. Signing and Recording of Plats and Plans
(A) Approved final plans and plats for land development and subdivision projects shall
be signed by the chairperson or the secretary of the board with the date of approval.
Plans and plats for major land development projects and subdivisions shall be signed by
the planning board chairperson or the secretary of the planning board, attesting to the
approval by the planning board. All minor land development or subdivision plans and
plats and administrative plats shall be signed by the planning board chairperson, secretary
of the board, or a person so designated by the board.
(B) Upon signature, all plans and plats shall be submitted to the administrative officer
prior to recording and filing in the Town Clerk's office. the materials to be recorded for
all plats and plans shall include all pertinent plans with notes thereon concerning all the
essential aspects of the approved project design, the implementation schedule, special
conditions placed on the development by the planning board, permits and agreements
with state and federal reviewing agencies, and other information as required by the
planning board.
(C) Other parts of the application record for subdivision and land development projects,
including all meeting records, approved master plan and preliminary plans, site analysis,
impact analysis, all legal agreements, records of the public hearings and the entire final
approval set of drawings shall be kept permanently by the department of planning and
Community Development.
(D) The administrative officer shall notify the statewide Enhanced 911 emergency
authority and the Town Police and Fire Department with the information required by
each of the authorities.
(E) The developer and/or subdivider shall provide the administrative officer with a
minimum of five (5) copies of the approved plat or plans for recording purposes; two (2)
copies shall be black ink on Mylar, three (3) copies shall be on heavy white drawing
paper.
Section 29. Changes to recorded Plats and Plans
(A) For all changes to the approved plans of land development projects or subdivisions
subject to these regulations, an amendment of the final development plans is required
prior to the issuance of any building permits. Any changes approved in the final plan
shall be recorded as amendments of the final plan in accordance with the procedures
established for recording plats in Section 28.
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(B) Minor changes, as defined in the local regulations, to a land development or
subdivision plan may be approved administratively, by the administrative officer,
whereupon a permit may be issued. Such changes may be authorized without additional
public hearings, at the discretion of the administrative officer. All such changes shall be
made part of the permanent records of the project application. This provision shall
prohibit the administrative officer from requesting a recommendation from the planning
board. Denial of the proposed change(s) shall be referred to the planning board for
review as a major change.
(C) Major changes, as defined in the regulations, to a land development or subdivision
plan may be approved, only by the planning board and must follow the same review and
public hearing process required for approval of preliminary plans as described herein.
(D) Recission Procedure:
The Planning Board, only upon application by all landowners of the plat to be
affected, may determine that the application for plat is not consistent with the North
Providence Comprehensive Community Plan, and is not in compliance with the North
Providence Zoning Ordinance and/or these regulations. Such a decision shall be made
after a public hearing which adheres to the requirements for notice described in Section 9
hereinabove. The Planning Board shall approve, approve with conditions or
modifications, or deny the application for recission of the plat according to the
requirements of Section 27. If it is necessary to abandon any street covered under
Chapter 6 of Title 24 of the Rhode Island general Laws, the Planning Board shall submit
to the Town Council the documents necessary for the abandonment process. Once the
required process for recission or for the recission and abandonment has been completed,
the revised plat shall be signed and recorded as specified in Section 28.
Section 30. Process for Appeals
(A) An appeal to the board of appeals from a decision or action of the Planning Board or
Administrative Officer may be taken by an aggrieved party. Such appeal must be taken
within twenty (20) days after the decision has been recorded and posted in the office of
the Town Clerk.
(B) The appeal shall be in writing and shall state clearly and unambiguously the issue of
decision which is being appealed, the reason for the appeal, and the relief sought. The
appeal shall either be sent by certified mail, with a return receipt requested to the
administrative officer, or shall be hand delivered to the board of appeals or the
administrative officer.
(C) Upon receipt of an appeal, the board of review shall require the planning board or
administrative officer to transmit forthwith to the board of appeals, all papers, documents
and plans, or a certified copy thereof, constituting the record of the action which is being
appealed.
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(D) An appeal, when duly received, shall stay all proceedings in furtherance of the action
being appealed.
Section 31. Board of appeals - Public Hearing
(A) The board of appeals shall hold a public hearing on the appeal within forty-five (45)
days of receipt of the appeal, give public notice thereof, as well as due notice to the
parties of interest. At the hearing any party may appear in person, or may be represented
by an agent or attorney. The board shall render a decision within ten (10) days of the
close of the public hearing. The cost of any notice required for the hearing shall be borne
by the appellant.
(B) the board of appeals shall only hear appeals of the actions of the planning board or
administrative officer at a meeting called especially for the purpose of hearing such
appeals and which has been so advertised.
(C) The hearing, which may be held on the same date and at the same place as a meeting
of the Zoning Board of Review, must be held as a separate meeting from any Zoning
Board of Review meeting. Separate minutes and records of votes as required by Section
32 shall be maintained by the board of appeals.
Section 32. Appeals - Standards of Review
(A) As established by Rhode Island General Law 45-23, in instances of a board of
review's review of a planning board or administrative officer's decision on matters
subject to these regulations, the board of review shall not substitute its own judgment for
that of the Planning Board or the administrative officer. Instead, it must consider the
issue based upon the findings and record of the planning board or administrative officer.
The Board of Appeals shall not reverse a decision of the Planning Board or
Administrative Officer except when findings of prejudicial error, procedural error, clear
error, or lack of support by the weight of evidence in the record.
(B) The concurring vote of three (3) of the five (5) members of the board of appeals
sitting at a hearing shall be necessary to reverse any decision of the Planning Board or
administrative Officer.
(C) In the instance where the board of appeals overturns a decision of the planning board
or administrative officer, the proposed project application shall be remanded to the
planning board or administrative officer, for further proceedings, to begin at the stage
from which the appeal was taken. In the case of a final disposition, the ruling of the
planning board/administrative officer shall be consistent with the board of appeals
decision.
(D) The board of appeals shall keep complete records of all proceedings including a
record of all votes taken, and shall put all decisions on appeals in writing. The board of
appeals shall include in the written record, the reasons for each decision.
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Section 33. Appeals to the Superior Court
(A) An aggrieved party may appeal a decision of the Board of Appeals to the superior
Court of Providence County by filing a complaint setting forth the reasons of appeal
within twenty (20) days after the decision has been recorded and posted in the Town
Clerk's office. the board of appeals shall file the original documents acted upon by it and
constituting the record of the case appealed from, or certified copies thereof, together
with such other facts as may be pertinent, with the clerk of the court within thirty (30)
days after being served with a copy of the complaint. When the complaint is filed by
someone other than the original applicant or appellant, such original applicant or
appellant and the members of the planning board shall be made parties to the
proceedings. The appeal shall not stay proceedings upon the decision appealed from, but
the court may in its discretion, grant a stay on appropriate terms and make such other
orders as it deems necessary from an equitable disposition of the appeal.
(B) The review shall be conducted by the superior Court without a jury. The court shall
consider the record of the hearing before the planning board and, if it shall appear to the
court that additional evidence is necessary for the proper disposition of the matter, it may
allow any party to such appeal to present such evidence in open court, which evidence,
along with the report, shall constitute the record upon which the determination of the
court shall be made.
(C) The court shall not substitute its judgment for that of the Planning Board as to the
weight of the evidence on questions of fact. The court may affirm the decision of the
board of appeals or remand the case for further proceedings, or may reverse or modify the
decision if substantial rights of the appellant have been prejudiced because of findings,
inferences, conclusions or decisions which are:
(1) In violation of constitutional, statutory, ordinance or planning board regulations or
provisions;
(2) In excess of the authority granted to the planning Board by statute or ordinance;
(3) Made upon unlawful procedure;
(4) Affected by other error of law;
(5) Clearly erroneous in view of the reliable, probative, and substantial evidence of the
whole record; or
(6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted
exercise of discretion.
Section 34. Appeals to Superior Court, Enactment of/or Amendment of Regulations
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(A) An appeal of an enactment of/or an amendment of these regulations may be taken to
the Superior Court of Providence County by filing a complaint, as set forth herein, within
thirty (30) days after such enactment, or amendment has become effective. The appeal
may be taken by any legal resident or landowner of the Town of North Providence, or by
any association of residents or landowners thereof. The appeal shall not stay the
enforcement of the regulations, as enacted or amended, but the court may, in its
discretion, grant a stay on appropriate terms, which may include the filing of a bond, and
make such other orders as it deems necessary for an equitable disposition of the appeal.
(B) The complaint shall set forth with specificity the area or areas in which the
enactment or amendment is not consistent with the Comprehensive Planning Act, Chapter
45-22.2; the Zoning Enabling Act of 1991, section 45-24-27; the North Providence
Comprehensive Community Plan, or the North Providence Zoning Ordinance.
(C) The review shall be conducted by the court without a jury. The court shall consider
whether the enactment or amendment of the regulations is consistent with the
Comprehensive Planning Act, Chapter 45-22.2; the Zoning Enabling Act of 1991,
Section 45-24-27 et. seq., the North Providence Comprehensive Community Plan, or the
North Providence Zoning Ordinance. If the enactment or amendment is not consistent,
then the court shall invalidate the enactment or the amendment, or those parts of such
enactment or amendment which are not consistent. The court shall not revise the
regulations found to be inconsistent, but may suggest appropriate language as part of the
court decision.
(D) The court may in its discretion, upon motion of the parties or on its own motion,
award a reasonable attorney's fee to any party to an appeal, as set forth herein, including
the Town of North Providence.
Section 35. Appeals to the Superior Court - Priority in Judicial Proceedings
Upon the entry of any case or proceeding brought under the provisions of RIGL Section
45-23-73, including pending appeals and appeals thereafter taken to the court, the court
shall, at the request of either party, advance the case so that the matters shall be afforded
precedence on the calendar and shall thereupon be heard and determined with little delay.
Section 36. Severability
If any portion of these rules, regulations or determinations made hereunder, or the
application thereof to any person, agency or circumstances, is held invalid by a court of
competent jurisdiction, the remainder of the rules, regulations or determinations and the
application of such provisions to other persons, agencies or circumstances shall not be
affected thereby. The invalidity of any section or sections of these regulations shall not
affect the validity of the remainder.
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