Cranston City Zoning Code
Chapter
17.84 DEVELOPMENT PLAN REVIEW [1]
§ 17.84.010 Purpose.
Proposed developments (development) shall be subject to a development
plan review (DPR) to assure that said developments occurs in a safe,
orderly and harmonious manner. The purpose of this chapter is to:
A.
Ensure
that a development, including use and design, is compatible with the
surrounding area;
B.
Ensure
that there are adequate public facilities to service a development;
C.
Promote
safe traffic pedestrian and bicycle circulation;
D.
Preserve
and protect natural, historical and cultural resources; scenic or
unique vistas and environmental qualities;
E.
Provide
open space and public access through landscape design;
F.
Require
the treatment of erosion, stormwater runoff and pollution;
G.
Provide
safe and efficient access and site circulation and adequate off-street
parking and loading, emergency access, trash disposal, outdoor storage,
signage and lighting;
H.
Require
consistency with the city's comprehensive plan and compliance with
the zoning ordinance (zoning) and other applicable ordinances of the
municipal code (city code); and
I.
Identify
issues to be addressed before a development proceeds to final design
and engineering.
A DPR shall not be used to deny any use allowed by right as
established by zoning.
(Ord. 2012-23, § 1, 9/24/2012)
§ 17.84.020 Applicability.
The following activities shall be subject to the provisions
of this chapter:
A.
A nonresidential
development on a parcel not located in or within two hundred (200)
feet of a residential zoning district (all A-zones and B-zones) which
proposes:
1.
A
new structure(s) having eight thousand (8,000) square feet or more
or that requires twenty-five (25) or more off-street parking spaces;
2.
To
increase a structure(s) by the lesser of twenty-five (25) percent
or four thousand square feet provided that said structure(s) will
have eight thousand (8,000) square feet or more after the increase
or that requires the addition of seven or more off-street parking
spaces;
B.
A nonresidential
development on a parcel located in or within two hundred (200) feet
of a residential zoning district which proposes:
1.
A
new structure(s) having an area of five thousand (5,000) square feet
or more or that requires fifteen (15) or more off-street parking spaces;
2.
To
increase structure(s) by the lesser of five percent or one thousand
five hundred (1,500) square feet provided that said structure(s) will
have five thousand (5,000) square feet or more after the increase
or that requires the addition of four or more off-street parking spaces.
C.
A multi-family
development which proposes four or more dwelling units or any accessory
structure of one thousand (1,000) square feet or more. Any increase
in an existing development resulting in four or more dwelling units.
D.
A change
in use provided that said change would in any three-year period:
1.
Involve
lesser of twenty (20) percent or fifteen thousand (15,000) square
feet;
2.
Require
the addition of six or more off-street parking spaces;
3.
Employ
different materials and/or processes than those associated with the
existing use;
4.
Result
in significant changes to traffic flow or volumes, landscaping or
buffering, hours of operation, noise, effluent discharge, drainage
or lighting.
E.
Any
Development which proposes to include a drive-thru use.
(Ord. 2012-23, § 1, 9/24/2012)
§ 17.84.030 Exemptions.
The following activities shall be exempt from the provisions
of this chapter:
A.
Construction
or alteration of single/three-family dwellings including accessory
structures;
B.
Modifications
to existing nonresidential structures where there is no change in
use or area;
C.
Subdivisions
for single-family dwellings and residential planned districts.
(Ord. 2012-23, § 1, 9/24/2012)
§ 17.84.040 Development plan review committee.
A DPR committee (DPRC) shall consist of the directors of planning
and public works, fire chief, inspector of buildings and public safety
manager or their designees. The planning director shall serve as the
DPRC chair and the planning department (department) shall coordinate
the DPR process.
(Ord. 2012-23, § 1, 9/24/2012)
§ 17.84.050 Procedure.
A.
Concept
Meeting. Upon written request, the DPRC may meet with an applicant
to review concept plans for a development. The DPRC shall not be bound
by any comments made during said meeting.
B.
Pre-Application
Meeting. Prior to filing for a DPR (application), an applicant shall
meet with the department to determine what materials shall be submitted
with an application. Within fourteen (14) days after the meeting,
the department shall provide to an applicant a list of the plans and
documents to be submitted.
C.
Application. An application shall be filed with the department in accordance with Section 17.84.110. At a minimum, it shall include all the items identified at the pre-application meeting. During its review, the DPRC may request any additional materials it deems necessary to render a decision.
D.
Certification.
The department shall certify an application as complete or incomplete
within ten (10) days after submission.
1.
For
a complete application, the certification shall include date on which
a DPR will be conducted.
2.
For
an incomplete application, the certification shall identify the application's
deficiencies. The application form and the site plan, as determined
by staff, shall also be filed electronically and posted on the City's
web site.
E.
Referrals.
For a complete application, a copy of said application shall be forwarded
to appropriate city departments, committees, commissions and boards
for review and comment.
F.
Plan
Review. For a complete application, the DPRC shall conduct a DPR at
a public meeting. The mayor, city council and all owners of land (abutters)
within two hundred (200) feet of the parcel being reviewed shall be
informed of said meeting with abutters being informed by first class
mail posted a minimum of seven days prior to the meeting. During a
DPR, an applicant may submit corrections and additions. A DPR may
be continued by vote of the DPRC.
G.
Decision.
Within fourteen (14) days after the close of a public meeting, the
PRC shall issue a written decision on an application unless the DPRC
extends said timeframe an additional twenty (20) days by written notice
to the applicant.
1.
A
decision shall be by a majority vote of the DPRC.
2.
If
an application is approved (approval), the DPRC may impose conditions
or require modifications to a development in order to mitigate impacts
and insure compliance with zoning and other city codes and regulations.
3.
If
an application is denied, the DPRC shall make findings detailing the
basis for denial.
(Ord. 2012-23, § 1, 9/24/2012)
§ 17.84.060 General standards for approval.
An approval shall be granted if the DPRC finds a development
meets the following standards:
A.
A Development
complies with zoning and other city codes and regulations and is consistent
with the comprehensive plan.
B.
Erosion is controlled in accordance with Chapter 15.28 "soil erosion and sedimentation control" of the city code so that erosion shall not impact abutting properties or public streets.
C.
Storm
water runoff is treated using best management practices so that there
shall be no increased runoff from a development. (All developments
shall meet the standards set in the Rhode Island Stormwater Design
and Installation Standards Manual as most recently amended.)
D.
Vehicular
and pedestrian movement within and access to and egress from a development
are safe and efficient and provisions are made for snow removal.
E.
Site
improvements, utilities, infrastructure, streets, sidewalks, and parking
areas will be constructed in compliance with the applicable city regulations
and standards.
F.
The
location, arrangement, appearance and quantity of off-street parking
and loading are adequate to serve the development and comply with
zoning.
Nothing herein shall prevent an applicant from seeking a variance
or special permit from the ZBR.
(Ord. 2012-23, § 1, 9/24/2012)
§ 17.84.070 Final plan.
Any revision required by an approval shall be incorporated onto
a final plan (plan) and a mylar and two paper copies of said plan
shall be submitted for endorsement by the DPRC within thirty (30)
days of an approval. Prior to endorsement, an applicant shall comply
with all applicable conditions set by an approval. The endorsed plan
shall be incorporated into the approval by reference and made part
thereof. The department shall file a record of the approval with the
city clerk on behalf of the DPRC.
(Ord. 2012-23, § 1, 9/24/2012)
§ 17.84.080 Amendment to final development plan review approval.
Activities authorized by a DPR shall be completed in conformity
with the approval. Minor changes to the approval may be allowed by
the inspector of buildings in consultation with the planning director.
Changes deemed to be major shall be submitted to the DPRC for review
and approval.
A change to the approval shall be major if:
• | The requested change could have affected vote to grant approval. |
• | The requested change creates or intensifies project impacts
which require additional conditions to address said impacts. |
(Ord. 2012-23, § 1, 9/24/2012)
§ 17.84.090 Time limit on approval.
An approval shall lapse after one year if construction has not
begun. The one year period shall start on the date an approval is
filed with the city clerk and shall not include such time required
to pursue or await an appeal. Upon written request, the DPRC may extend
an approval for a period not to exceed one year.
(Ord. 2012-23, § 1, 9/24/2012)
§ 17.84.100 Coordination.
When a DPR is required, an approval shall be secured prior to:
A.
The
issuance of a building permit;
B.
Consideration
of an application for a preliminary plan approval by the city plan
commission; or
C.
Consideration
of an application for a variance or special permit by the zoning board
of review (ZBR).
The decision and findings of the committee shall be considered
by the ZBR and the plan commission in their deliberations on the matter
before it.
(Ord. 2012-23, § 1, 9/24/2012)
§ 17.84.110 Submission requirements.
A.
Submission
Requirements Pre-Application Meeting.
B.
Submission
Requirements for DPR.
1.
A
complete application for DPR shall include:
a.
Six copies of the application including plans, plus one electronic
copy;
b.
A filing fee of five hundred dollars ($500.00) plus twenty dollars
($20.00) per acre for each full acre in the development;
c.
Supporting documentation as determined in the pre-application meeting
or required below;
d.
Identification of all permits required from state or federal agencies
prior to start of construction;
e.
A municipal lien certificate showing that all taxes are current;
f.
A list of the owners of all land within two hundred (200) feet of
the perimeter of the parcel that is being reviewed and a set of stamped
envelopes addressed to the abutters in the order which they appear
on said list.
Plans shall be prepared by a professional engineer (RPE) or
surveyor (PLS), landscape architect or architect licensed in Rhode
Island. Topographical and boundary surveys plans shall be stamped
by a PLS. Engineering designs shall be stamped by a RPE. Plans shall
be drawn to a scale that is appropriate to the size of the development.
2.
At
a minimum, an application shall include a project narrative, plans
and a drainage plan and report.
The plans may include the following as appropriate:
a.
A locus map referencing the development to the surrounding area,
streets and zoning district boundaries within five hundred (500) feet.
b.
Name of the development, north arrow, scale, assessor's plat and
lot number, bench mark and datum, the dates of plans and revisions
and signature blocks on all plans to be endorsed.
c.
Name and address of the owner of record, applicant and professionals
preparing the plan.
d.
Assessor's plat and lot number and names of all owners of land abutting
the development.
e.
Zoning district boundaries and all the data necessary to show compliance
with zoning.
f.
Parcel area and boundaries; existing/proposed streets, lot lines,
easements and public areas.
g.
Distances to the nearest street intersections and fire hydrants measured
along the ROW lines.
h.
Existing/proposed grading at two-foot contours where slopes are less
than fifteen (15) percent and at five-foot counters where slopes are
fifteen (15) percent or more. Elevations shall be referenced to the
city's datum.
i.
Environmental features including soils, rock outcroppings, wooded
areas, trees eight-inch caliper and above, watercourses, water bodies,
wetlands, floodplains (showing base flood elevation).
j.
Location, dimensions, GFA, floor plans and heights of existing/proposed
buildings, equipment and other structures such as walls, fences, culverts
and bridges. Buildings and structures to be removed shall be indicated
by dashed lines.
k.
Location of existing/proposed utilities including sewers, water,
gas and electricity with pipe sizes, elevations, slopes and directions
of flow.
l.
Location, type and density of land uses that will be in the development.
m.
Renderings as needed to illustrate the visual impact on abutting
properties.
n.
Signage including location, size, design and illumination.
o.
Exterior lighting including type, location, intensity, shielding
and times of operation.
p.
Landscape plan including landscape materials, paving, lighting and
street furniture. Said plan shall indicate the location, type and
size of plantings at the time of planting and at maturity.
q.
Site circulation showing access to and egress from the development;
size and location of driveways and curb cuts; parking, loading and
outdoor storage areas; dumpsters and any off-site traffic improvements
necessary to ensure public safety.
r.
Profile and cross-section of proposed streets and sidewalks showing
utilities.
s.
Such other information as may be required to show compliance with
zoning.
3.
A
drainage plan/report demonstrating that the development's stormwater
management system will meet the standards set by the Rhode Island
Stormwater Design and Installation Standards Manual as most recently
amended. At a minimum said plan/report shall show the following:
a.
Changes in land use and the routes that storm water will flow through
the development.
b.
Existing/proposed drainage structures, basins and channels. (Drainage
structures shall comply with city specification and shall be approved
by the city engineer.)
c.
Drainage calculations demonstrating that the peak rates of storm
water runoff leaving the post-development parcel will not exceed the
pre-development conditions for the two-year, 10-year, 25-year and
100-year storm events. Said calculations shall be based on the rational
method, SCS TR55 or other method approved by the city engineer.
d.
A drainage plan showing tributary and downstream areas affected by
run-off, soil types and surficial cover characteristics for both pre-
and post-development conditions.
e.
Design calculations to determine the size of all pipes, culverts
and basins, sizing of the piping system shall be based on the rational
method.
f.
Results of percolation tests performed for any proposed retention/detention
basin in order to determine the suitability of the subsurface conditions
to accommodate said basin.
g.
A maintenance plan which shall:
i.
Identify all of the control measures that will be inspected and maintained;
ii.
Provide an inspection schedule for each control measure;
iii.
List typical maintenance procedures for each control measure;
iv.
Describe steps to take if additional repair is required;
v.
Provide forms and instructions for record keeping and notification
to the city;
vi.
List the names and personnel assigned to each task and the training
needed to be able to do the job.
An applicant carrying out maintenance activities under an approval,
and all subsequent owners of lots on which said measures have been
installed, shall adequately maintain said measures in accordance with
the maintenance plan.
C.
Supporting
Documentation.
1.
Impact
Assessment (IA).
a.
An IA shall be required for any development that proposes to construct:
i.
Retail and/or office building(s) of one hundred thousand (100,000)
square feet or more or that involves eight or more acres of land;
ii.
Industrial building(s) one hundred fifty thousand (150,000) square
feet or more or that involves fifteen (15) or more acres of land;
iii.
Multi-family building(s) of one hundred (100) units or more.
If a parcel of land which has been partially developed since January
1, 1966, the units resulting from said development shall be included
in calculating the total number of units being developed.
b.
The DPRC may determine that an IA as required above is not warranted.
In making its determination, the DPRC shall identify the potential
impacts that may be generated by a development and shall make findings
as to why no further review is required.
c.
For any development not meeting the criteria above, the DPRC may
require an IA if it determines there is a reasonable expectation that
a development will have a significant negative impact on a site or
nearby properties or on the built or natural environment.
d.
If an IA is required, the DPRC shall inform the applicant in writing
of the need to submit said assessment and of the scope of work to
be addressed.
i.
The scope of work may include but not be limited to an assessment
of the following impacts: fiscal, traffic, environmental, scenic,
historic, use-compatibility, noise and similar such items.
ii.
An IA shall be prepared by licensed or other appropriate professionals
the names, education, disciplines and experience of whom shall be
included in the report.
iii.
An IA shall evaluate direct and indirect impacts created by
a development, all measures required to mitigate any negative impacts
that have been identified and the party responsible for implementing
said mitigation.
iv.
Where appropriate, an IA shall include a plan to monitor the impacts
from a development and the success of any mitigation that may be required.
2.
Traffic
Impact Study. If deemed necessary by the DPRC, a study of traffic
conditions (both on- and off-site) shall be provided. Said traffic
impact study may include, but not be limited to:
a.
Analyses of the roadways and intersections that may be impacted by
a development.
b.
Existing volumes (both ADT and peak hour counts).
c.
Safety issues (accident data, sight distance, roadway conditions,
etc.).
d.
Development generated and future traffic volumes (both ADT and peak
hour projections).
e.
Capacity analysis utilizing Transportation Research Board Special
Report 209 or other document as specified by the city's traffic engineer.
f.
Traffic improvements, if any, needed to mitigate impacts from a development.
g.
*Consideration of bicycle and pedestrian routes.
3.
Open
Space. If a development will include common or open spaces, the plans
shall show the location and size of said spaces and identify the entity
that will own and maintain said spaces.
4.
Easements,
Deed Restrictions, Covenants. An application shall include a copy
of covenants, deed restrictions or easements that currently exist
or are proposed for the development.
5.
Maintenance.
A maintenance plan shall be provided specifying that all private roads
and other applicable facilities shall be maintained by the applicant
or successors and assigns. At a minimum, said plan shall identify
all of maintenance activities to be undertaken, the parties responsible
for said activities, a schedule for each activity, and identify the
records of maintenance to be kept.
6.
Monitoring.
In order to insure compliance with any standard that may be set in
an approval, periodic monitoring may be required during and after
construction. If monitoring is required, the applicant shall provide
the DPRC for review and approval a draft of a monitoring program and
the identity of the entity that will undertake the monitoring. Monitoring
shall be at the expense of the applicant. Copies of all monitoring
reports shall be provided to the DPRC.
(Ord. 2012-23, § 1, 9/24/2012)
§ 17.84.140 Development and landscaping design standards.
A.
Purpose.
The purpose of this section is to promote effective site planning,
design and landscaping so as to promote a high quality of development
in the city:
1.
Improve
the environment by providing open space, street trees and landscaping;
2.
Preserve
the character and scale of neighborhoods by requiring a development
to be compatible with the existing character of the area;
3.
Mitigate
environmental, visual and other impacts by requiring adequate buffering;
4.
Promote
safe and efficient pedestrian, bicycle and traffic circulation;
5.
Minimize
noise, dust, pollution and glare that may be generated by a development;
6.
Provide
for cooling of air and land through shading in order to offset radiational
heating;
7.
Mitigate
impacts from storm water runoff and surface water contamination and
protect water quality;
8.
Maintain
ground water, provide for erosion and flood control and for absorption
of pollutants.
B.
Infill
Development. A non-residential development on a parcel having less
than two hundred (200) feet of frontage shall be considered an infill
development. The design of said development shall take into consideration
the front yard setbacks and heights of buildings on abutting properties.
C.
Landscape
Standards.
1.
General
Requirements.
a.
Landscaping shall be provided as part of a development in order to
preserve and enhance the identity of a development.
b.
A minimum of fifteen (15) percent of a development's parcel shall
be landscaped.
c.
*Once a project complies with the minimum parking standards, then
priority shall be given to meeting the landscaping standards above
additional parking.
2.
Site
Activities.
a.
Topsoil Preservation:
i.
To the extent practicable, the areas of a parcel to be disturbed
shall be minimized.
ii.
Disturbed areas shall be stabilized in a timely manner by seeding
or planting landscaping materials.
iii.
Topsoil moved during site work shall be stockpiled on site in
designated areas that are stabilized to prevent erosion and reused
in accordance with a landscape plan.
b.
Removal of Debris. Organic material (including roots, stumps, brush,
cleared or grubbed materials), rubbish and debris shall be disposed
of off site in a timely manner. The reuse of organic materials may
be allowed if said materials will not adversely affect plantings,
natural areas or buildings.
c.
Protection of Existing Plantings. Maximum effort shall be made to
preserve existing vegetation on site (especially specimen trees).
i.
If specimen trees are removed, they shall be replaced in kind in
accordance with a landscape plan.
ii.
No materials or temporary soil deposits shall be placed within the
drip line of trees being retained.
iii.
A physical barrier shall be installed around each plant or group
of plants that are to remain. Said barrier shall be a minimum of four
feet high, maintained until construction is completed and shall not
be supported by the plants they are protecting.
d.
Slopes. All cuts and fills, terraces and ROW embankments with slopes
greater than 1:3 shall be landscaped so as to prevent erosion.
e.
Additional Landscaping. All areas of the site not occupied by buildings
or improvements shall be landscaped in accordance with an approved
landscape plan.
3.
General
Planting Requirements.
a.
Only nursery-grown or suitable existing vegetation shall be used.
b.
Vegetation shall be planted according to established horticultural
standards.
c.
Vegetation shall be hardy for climatic zones 6/7 and appropriate
in terms of function and size.
d.
Plant species which are native and require minimal watering and fertilization
are recommended.
4.
Trees.
a.
Species of trees may vary depending on overall effect desired as
shown on a landscape plan.
b.
One street tree shall be planted for every thirty-five (35) feet
of frontage. Generally, street trees shall be of the same species
except to achieve special effects. Trees may be spaced along the street
at every thirty-five (35) feet at the rear of sidewalk or may be grouped
in accordance with a landscape plan.
c.
With the exception of ornamental trees, deciduous trees shall have
at least a two and one-half-inch caliper at planting and a caliper
of at least twelve (12) inches when fully mature.
d.
Size of evergreens and shrubs may vary depending on setting and type
of plant material.
5.
Maintenance.
a.
The applicant shall be responsible for maintaining landscaped areas
in a neat and attractive manner. Said areas shall be kept free of
all debris, rubbish, weeds and tall grass.
b.
The applicant shall be responsible for watering plantings on a regular
basis. (The use of underground sprinkler or drip irrigation systems
for landscaped areas is encouraged.)
c.
The applicant shall remove and replace all dead or diseased plantings
annually.
6.
Buffer
Strips.
a.
All developments shall provide an approved year-round buffer a minimum
of eight feet in height, consisting of fencing, vegetation, berms,
rocks, boulders, mounds or combinations thereof, to:
b.
Buffer Area Dimensions.
i.
A minimum ten (10) feet wide landscaped strip shall be provided along
property lines parallel to a street where parking or circulation areas
abuts said street.
ii.
A minimum five feet landscape strip shall be provided along side
and rear property lines where parking and circulation areas are adjacent
to abutting properties.
iii.
Where a more intensive use abuts a less intensive use, a 25-foot
wide buffer strip may be required. The width of said strip to be determined
by the design and density of the buffer proposed.
c.
Plantings shall provide maximum protection to abutting properties
and avoid damage to existing plant materials. Earthen berms may be
used in the buffer design, provided side slopes are adequately stabilized.
Said berms may be used to calculate effective buffer height.
d.
Plant materials shall be sized and planted so as to achieve a year-round
effective buffer height of at least eight feet within three growing
seasons.
e.
Buildings, structures, parking or the storage of materials shall
not be allowed within a buffer area.
7.
Parking
Area Landscaping Requirements.
a.
In addition to any required buffer strip, a minimum of ten (10) square
feet of landscaped area shall be provided within a parking area for
each parking space in said area.
b.
A minimum of twenty (20) percent of a parking area shall be shaded
by deciduous trees that shall have a crown (canopy) of thirty (30)
feet at maturity. Said trees shall be surrounded by at least one hundred
(100) square feet of unpaved area to provide for growth and protection
from vehicles.
c.
Each row of parking spaces shall be terminated by a landscaped island
not less than six feet wide and twelve (12) feet long.
d.
A continuous landscaped island not less than eight feet wide shall
be provided between every four rows of parking spaces.
e.
Landscaped areas shall be provided at appropriate locations in order
to prevent long, uninterrupted rows of parking.
f.
Landscaped islands shall be protected from encroachment by motor
vehicles by a continuous raised curb. (Vehicles shall be presumed
to have an overhang of three and one-half feet.) Pedestrian paths
may be incorporated within the landscaped islands provided a minimum
dimension of four feet, exclusive of paved areas, is maintained.
(Ord. 2012-23, § 1, 9/24/2012)
§ 17.84.150 Parking area design standards.
A.
Parking
Layout.
1.
Generally
parking areas shall have the minimum required widths for drive aisles
as described in the table below. The design of parking areas shall
generally conform to ITE's "Guide for Parking Facility Location and
Design, 1990" as amended. The city's traffic engineer may require
the dimensions of parking spaces and drive aisles to be adjusted if
traffic and safety considerations so warrant.
Required Widths of Drive Aisles | |||||
|---|---|---|---|---|---|
Aisle Width | Parking Angle (in degrees) 0 | Parking Angle (in degrees) 30 | Parking Angle (in degrees) 45 | Parking Angle (in degrees) 60 | Parking Angle (in degrees) 90 |
One-way traffic | 13' | 11' | 15' | 18' | 24' |
Two-way traffic | 20' | 20' | 21' | 23' | 24' |
2.
Pedestrian
and vehicular areas shall be designed to provide safe and efficient
site circulation. Conflicts between pedestrian and vehicular traffic
shall be minimized by providing physical and visual separation between
pedestrian ways and drive aisles. Parking areas shall be ADA compliant.
3.
Parking
aisles shall be a maximum of twenty (20) parking spaces in length
which shall be separated with cross drive aisles.
4.
The
placement of all directional and street level signage shall be reviewed
and approved by the city's traffic engineer to ensure safe and efficient
site circulation and adequate sight distances both in the public ROW
and the development's parking area.
5.
No
landscape materials shall be planted at curb cuts that will impair
the line of sight at said cuts.
6.
A
storage area shall be provided on site to accommodate snow removal
from a six-inch snow storm.
7.
A
six-inch curb or Cape Cod berm, designed to be compliant with the
Rhode Island Stormwater Design and Installation Standards Manual,
shall be installed around the perimeter of all parking to serve as
wheel stops and protection. Where curbs are not installed adjacent
to sidewalks, wheel stops shall be installed to prevent vehicles from
encroaching into or onto said sidewalks.
B.
Reduction
in Construction of Off-Street Parking.
1.
A reduction in the construction of the number of off-street parking spaces required by Chapter 17.64 may be granted as a condition of approval provided that the following criteria have been met:
2.
Should a reduction in the amount of required off-street parking to be constructed be allowed, the DPRC shall require that a portion of the site be reserved to construct said parking should it be needed. This reserved area shall not contribute towards the minimum landscape requirements as set in Section 17.84.140(C).
C.
The
design and choice of paving materials used for parking areas shall
consider function, climate, characteristics of users, availability,
maintenance costs, glare, drainage, noise, appearance and compatibility
with surroundings. Acceptable materials may include, but are not limited
to concrete, brick, asphalt, asphalt pavers, cement pavers and stone.
D.
Walls
and fences may be erected to provide privacy, screening, separation,
security, erosion control or as required by the site conditions. The
design and materials used shall be compatible with a development's
design. No fence or wall shall be erected so as to create a hazard
to traffic or safety.
E.
Street
furniture, such as trash receptacles, benches and phone booths, shall
be located and sized in accordance with proposed use and shall be
similar in style, material and finish. Design and materials shall
be compatible with a development's design.
(Ord. 2012-23, § 1, 9/24/2012)
§ 17.84.160 Drainage/erosion standards.
A development's drainage system shall comply with Chapter 15.28 soil erosion and sedimentation control of the city code and the Rhode Island Storm Water Design and Installation Standards Manual as amended.
(Ord. 2012-23, § 1, 9/24/2012)
§ 17.84.170 Special provisions for phased developments.
If a development will be completed in phases, a phasing plan
shall be submitted indicating the start and end dates for each phase.
Said development shall be designed and constructed to allow each phase
to be completed in a manner which would not adversely affect the city
if it is terminated at that point. Detailed plans shall be submitted
each time a new phase of the development is submitted for approval.
(Ord. 2012-23, § 1, 9/24/2012)
§ 17.84.180 Peer review.
A.
If
the DPRC determines that the services of a consultant is needed to
assist in its review of an application, the applicant shall be notified
of said need and shall be required to pay any reasonable costs incurred.
B.
The
DPRC shall make a good faith effort to follow the design and landscape
standards required by this chapter. The DPRC may engage engineers,
planners or other appropriate professionals. A consultant shall be
selected on the basis of experience and qualifications, ability to
complete the scope of work and cost. A written report of the consultant's
review shall be provided to the DPRC and the applicant.
C.
Funds
received pursuant to this section shall be deposited with the city
treasurer who shall establish a special account for this purpose.
Expenditures from said account may be made at the direction of the
DPRC without further appropriation. Funds may only be spent for services
rendered in connection with the application for which they were collected.
At the completion of the DPR, any excess funds shall be refunded to
the applicant and a final report on the status of the account shall
be made.
(Ord. 2012-23, § 1, 9/24/2012)
§ 17.84.190 Appeal.
A rejection of an application shall be considered an appealable decision in accordance with Chapter 17.116 appeals of zoning.
(Ord. 2012-23, § 1, 9/24/2012)
§ 17.84.200 Interpretation, conflict, omission, violation and severability.
A.
The
performance standards of this chapter shall be held to be the minimum
and more stringent standards may be required to promote the public
health, safety and welfare. If any requirements of this chapter conflict
with other requirements of zoning, the city code or any applicable
state or federal law or regulation the more restrictive requirements
shall apply.
B.
The
DPRC may modify or waive the design and landscape standards required
by this chapter provided it finds in writing the modification or waiver
is in the public interest, enhances site design and not inconsistent
with the intent and purpose of this chapter.
C.
An
approval shall not relieve an applicant of the requirement to comply
with zoning or any other city code or with any applicable state or
federal law or regulation.
(Ord. 2012-23, § 1, 9/24/2012)