Cumberland City Zoning Code
ARTICLE 12
Review of Development Applications
§ 12-1 Authority and purpose.
[Ord. No. 08-31, 10-7-2009]
(a)
Authority. This article is adopted pursuant to G.L. § 45-24-47 and G.L. § 45-24-49, as amended. The Cumberland Planning Board shall have the administrative authority and duty, in accordance with the requirements of the zoning ordinance and the land development and subdivision regulations (the "regulations") to review and approve all plans subject to development review. Development review shall be required for certain types of development as described in § 12-3 below, but will not preclude the need to meet other requirements as contained in this appendix, nor be used to deny a permitted use as provided in Article 4.
(b)
Purpose. The purpose of development review is to ensure that industrial, commercial, mixed-use and planned developments are consistent with the goals and policies of the Cumberland Comprehensive Plan, and that such development has a high quality site and architectural design compatible with adjoining areas and the historic development pattern of the Town; safe and convenient traffic circulation; and appropriate signage, landscaping and lighting.
§ 12-2 General provisions.
[Ord. No. 08-31, 10-7-2009; amended 12-6-2023 by Ord. No. 23-26]
The review processes for development subject to review under this article are hereby established as follows:
(a)
Development Plan Review.
(1)
A zoning ordinance shall permit development plan review of applications pursuant to R.I.G.L. AA 45-23-50 for uses that are permitted by right.
(2)
Permitting authority. The permitting authority for administrative projects shall be the Administrative Officer; the permitting authority for formal projects shall be the Planning Board.
(3)
Specific and objective guidelines. Design of all projects shall be consistent with the provisions of these regulations.
(4)
Zoning relief. The permitting authority may grant relief from the zoning ordinance as modifications or under unified development review, as may be appropriate.
(5)
Zoning incentives are permitted under the following circumstances:
a.
Reserved. (No zoning incentives are permitted at this time.)
(6)
Appeal. A rejection of the decision shall be an appealable decision pursuant to R.I.G.L. AA 45-23-71.
(b)
Land Development Project Review.
(1)
Land development projects shall be reviewed in accordance with the procedures established by these regulations, including those for appeal and judicial review, whether or not the land development project constitutes a "subdivision," as defined in these regulations.
(2)
No land development project shall be initiated until a plan of the project has been submitted to the authorized permitting authority. The requirements, procedures, and standards for review and approval of land development projects are provided in these regulations.
(3)
Permitting authority. The review is conducted by the Administrative Officer, in the case of minor land development projects, and by the Planning Board, in the case of major land development projects in accordance with the provisions of R.I.G.L. AA 45-24-47 and AA 45-23-38 et seq.
(4)
Zoning incentives are permitted under the following circumstances:
a.
Reserved. (No zoning incentives are permitted at this time.)
(5)
The permitting authority may impose special conditions and stipulations to the approval that may, in the opinion of the permitting authority, be required to maintain harmony with neighboring uses and promote the objectives and purposes of the comprehensive plan and this appendix.
(c)
Unified Development Review.
(1)
Unified development plan review established. There shall be unified development review for subdivisions and land development projects that require variance(s) and/or special use permit(s).
(2)
Permitting authority. The permitting authority shall be the Planning Board.
(3)
In granting requests for dimensional and use variance, the Planning Board shall be bound to the requirements of R.I.G.L. AA 45-24-41 relative to entering evidence into the record in satisfaction of the applicable standards.
(4)
In granting for special use permits, the Planning Board shall be bound to the conditions and procedures under which a special use permit may be issued and the criteria for the issuance of such permits and shall be required to provide for the recording of findings of fact and written decisions.
(5)
An appeal from any decision made pursuant to this section may be taken pursuant to R.I.G.L. AA 45-23-71.
(d)
Technical Review Committee.
(1)
There is hereby established a Technical Review Committee (TRC) in accordance with R.I.G.L. AA 45-23-56, the members of which shall be:
a.
The Director of Planning and Development (Administrative Officer), who shall serve as chairperson;
b.
The Director of Public Works or his/her designee;
c.
The Building/Zoning Official or his/her designee;
d.
The Chief of the Fire Department or his/her designee;
e.
A member of the public who has expertise in the design and development of construction, including, but not limited to, surveyors, engineers, architects, landscape architects, and contractors. The member of the public may be appointed by the Planning Board and shall serve a two-year term and thereafter until such time as a successor is appointed.
The chairperson may request additional individual(s) to participate as members in appropriate circumstances to provide expert technical review. |
(2)
The Planning Board shall adopt written procedures establishing the Committee's responsibilities.
(3)
The TRC has the authority to issue approvals, make finding and provide recommendations as provided in these regulations.
(4)
Reports of the Technical Review Committee to the Planning Board shall be in writing and kept as part of the permanent documentation on the development application. In no case shall the recommendation of the Technical Review Committee be binding on the Planning Board in its activities or decision. All reports of the Technical Review Committee shall be made available to the applicant prior to the meeting of the Planning Board at which the reports are first considered.
§ 12-3 (Reserved) [1]
[1]
Editor's Note: Former § 12-3, Applicability, adopted by Ord. No. 08-31, 10-7-2009, was repealed 12-6-2023 by Ord. No. 23-26.
§ 12-4 (Reserved) [1]
[1]
Editor's Note: Former § 12-4, Exemptions, adopted by Ord. No. 08-31, 10-7-2009, was repealed 12-6-2023 by Ord. No. 23-26.
§ 12-5 (Reserved) [1]
[1]
Editor's Note: Former § 12-5, Application and review process, adopted by Ord. No. 08-31, 10-7-2009, was repealed 12-6-2023 by Ord. No. 23-26.
§ 12-6 (Reserved) [1]
[1]
Editor's Note: Former § 12-6, Contents of applications, adopted by Ord. No. 08-31, 10-7-2009, was repealed 12-6-2023 by Ord. No. 23-26.
§ 12-7 (Reserved) [1]
[1]
Editor's Note: Former § 12-7, Site and design standards, adopted by Ord. No. 08-31, 10-7-2009, was repealed 12-6-2023 by Ord. No. 23-26.
§ 12-8 (Reserved) [1]
[1]
Editor's Note: Former § 12-8, Required findings and improvements, adopted by Ord. No. 08-31, 10-7-2009, was repealed 12-6-2023 by Ord. No. 23-26.
§ 12-9 Fees.
[Ord. No. 08-31, 10-7-2009]
The applicant shall pay all application fees as specified in Appendix A of the regulations, as well as any costs incurred by the Planning Board associated with the use of outside professional assistance in the review of the proposed development. Such assistance may include, but not be limited to, the review of overall building and site design, site engineering including drainage and traffic impacts, environmental assessment, evaluation of landscaping and site amenities, and architectural review. The need for such review shall be at the discretion of the Planning Board. Fees obtained from the applicant shall not exceed actual costs.
§ 12-10 Enforcement.
[Ord. No. 08-31, 10-7-2009]
The provisions of this article shall be enforced by the zoning enforcement officer. This appendix shall become effective immediately upon its passage by the Cumberland Town Council and any ordinances inconsistent herewith are hereby repealed.