(a)

Every applicant for a variance or a special use permit under this ordinance or for subdivision approval under the town subdivision regulations must submit a site plan for review. The planning division of the department of community development shall coordinate and manage the site plan review process, evaluate the environmental impact of proposed projects, and otherwise assist the planning board and zoning board of review with respect to site plan review. Site plan review and approval of subdivisions is governed by the Narragansett land subdivision regulations.

The purpose of the site plan review process is to ensure that the zoning board of review has before it sufficient information to determine whether a variance or special use permit use will promote the health, safety, and general welfare of the community and will conform to the intent and requirements of this ordinance.

(b)

Every applicant for a variance or a special use permit under this ordinance shall submit contemporaneously with a site plan, evidence, in the form of a Municipal Lien Certificate, that all property taxes are current on the subject parcel.

(Ch. 1099, § 1, 10-17-2022)

(a)

Presubmission conference. Before submitting a site plan, an applicant for site plan review shall meet with a staff member of the planning division to discuss the proposed project and to establish what documents and information the applicant must submit. The required contents of the site plan will depend on the scope and complexity of the proposed project. The staff member will indicate the required contents on a site plan application checklist.

(b)

Site plan. A site plan shall be drawn to scale by a registered architect, landscape architect, engineer or licensed land surveyor, and may require multiple drawings, including maps, plans, elevations, sections, and narrative documents. Site plans shall include as much of the following information as the planning division deems necessary to evaluate the proposed project. The project will not be scheduled for review, unless the planning division is satisfied as to the content of the site plan submission based upon the following submission checklist.

(1)

Legal data.

— Proposed name of the project;

— Names and addresses of the owner of record, applicant, and architect or engineer;

— North arrow, scale, and date;

— Section, block, and lot number of the property;

— Precise boundaries of the property and the total acreage encompassed thereby;

— Zoning boundaries;

— Location, widths, and names of all adjacent streets and curblines;

— Location, widths, and purpose of all existing and proposed rights-of-way, easements, and reservations, within and adjacent to the property;

— Names and addresses of the owners of all adjoining land, as shown on latest tax records;

— Existing deed restrictions or covenants applying to the property;

— All building setbacks required by this ordinance;

(2)

Natural features.

— Existing land contours, at two-foot intervals;

— Natural site drainage patterns, including swales, kettleholes, wetlands, and watercourses;

— Location of rock outcrops, and trees with a diameter of eight inches or more, measured at a point three feet above the base of the trunk;

— Location and surveyed boundaries of any coastal features including beaches, dunes, cliffs, bluffs, embankments, rocky shores, and manmade shorelines;

— The use categories of any tidal waters abutting or within 200 feet of the site, as set by the coastal resources management council;

— Location, descriptions, and surveyed boundaries of all waterbodies, waterways, and freshwater and coastal wetlands, as those lands are defined in this ordinance;

— Location and surveyed boundaries of any high water table limitations overlay district, as that district is defined in this ordinance;

— Soil surveys, test boring data, and studies showing maximum and average seasonal water table levels;

— Location and surveyed boundaries of any steep slope overlay district, as that district is defined in this ordinance;

— Location and surveyed boundaries of any special flood hazard area overlay district, as that district is defined in this ordinance;

— Location, description, and boundaries of any historic district, as that district is defined in this ordinance;

(3)

Existing structures and utilities.

— Location and dimensions of all platted lots;

— Location, description, and dimensions of existing structures and uses on and within 100 feet of the property;

— Location, description, and dimensions of existing public open spaces, including parks, playgrounds, greenbelts, and public shoreline accessways to the Narragansett Bay and Atlantic Ocean;

— Location, dimensions, grades, and flow direction of existing sewers, water mains, culverts, and other underground and aboveground utilities on and within 100 feet of the property;

— Location and dimensions of existing paved areas, sidewalks, vehicular drives, and parking areas on and within 100 feet of the property;

— Description of other existing improvements, including fences, landscaping, screen planting, and lighting;

(4)

Proposed development.

— Location, description, dimensions, and finished floor elevations of proposed principal and accessory buildings and structural improvements;

— Location, arrangement, and dimensions of proposed automobile parking spaces, width of aisles, width of bays, angle of parking, number of spaces designated for use by physically handicapped persons;

— Location and dimensions of proposed vehicular drives, entrances, exits, acceleration and deceleration lanes; pedestrian entrances, exits, walks, and walkways; and loading and stacking areas with access drives;

— Location, description, and dimensions of proposed dedicated or reserved public open spaces, including parks, playgrounds, greenbelts, and public shoreline accessways to the Narragansett Bay and Atlantic Ocean;

— Proposed drainage plan, showing final contours at two-foot intervals, finished grades, drainageways, swales, ditches, retention and detention areas;

— Stormwater runoff computations, as required by this ordinance;

— Proposed erosion control plan;

— Description of the extent to which any watercourse will be altered or relocated as a result of the proposed project;

— Proposed sanitary sewer plan, including maximum sewer load computations;

— Proposed water supply plan;

— Location, height, and materials of walls, fences, screen planting, and lighting;

— Final vegetation plan, showing trees, shrubs, and ground cover, and giving proposed planting schedules;

— Construction/development schedule and phases;

— Traffic study showing the impact of the proposed project on local traffic flows and patterns, using the methodology and traffic service levels in the "Highway Capacity Manual, Special Report 209," published by the transportation research board, Washington, D.C.;

— Proposed measures to mitigate the environmental impacts of the project on significant natural resources;

— Typical street cross sections;

— Total number of dwelling units (if any) and proposed overall density;

— Percentage of project site to be devoted to roads, buildings, and other impervious surfaces;

— For any part of the property which is in a floodplain:

a.

Elevation of area above mean sea level;

b.

Elevation of lowest floor, including the basement, of all proposed structures;

c.

Elevation to which all structures will be floodproofed;

d.

Elevation of all streets, sidewalks, and underground utilities;

— Draft deed restrictions, covenants, and provisions for homeowners' associations and common ownership;

— Certification or other evidence that all easements for utility lines have been provided;

— Evidence that all necessary approvals and permits have been obtained;

— Any other information that the planning division deems relevant and necessary.

(c)

Environmental assessment. All applications must include a short environmental assessment. Applications for projects which are likely to have a significant impact on the environment (as indicated by the short environmental assessment) must include a long environmental assessment. Applicants may obtain short and long environmental assessment forms ("EAFs") and site plan application checklists from the planning division.

(d)

Waiver. If the planning division determines that any of the above information is superfluous, unnecessary, or inappropriate, or that providing the information would cause undue hardship, it may recommend that the planning board vary or waive the required provisions of the unnecessary or burdensome information, except if such waiver would adversely affect the public health, safety or general welfare, or would nullify the intent and purposes of this section or ordinance.

Within six months after the presubmission conference, the applicant shall submit ten copies of the site plan and related information, together with requires fees, to the planning division. The planning board shall adopt rules establishing the schedule of fees to help defray the administrative costs of site plan review. Such fee schedule shall be on file in the offices of the planning division and the town clerk. The planning division may transmit copies of the site plan and EAF for review and comment to the following town departments, officers, and commissions, as applicable: The building inspection and engineering divisions, the director of the department of public works, the police and fire chiefs, the director of the department of parks and recreation, the town solicitor, the Narragansett housing authority, the conservation commission, and the historic district commission. The planning division also may transmit copies of the site plan and EAF to relevant state and federal agencies, including but not limited to: The Rhode Island Department of the Environment, Coastal Resources Management Council, and Department of Transportation, and the United States Army Corps of Engineers, Soil Conservation Service, and Fish and Wildlife Service.

The reviewing departments, officers, commissions, and agencies shall consider whether the proposed project complies with applicable performance and development standards in their particular areas of concern. They shall submit written comments and recommendations, if any, to the planning division within 30 days after receiving the site plan application from the planning division.

The planning division also shall review the site plan and EAF to evaluate the potential environmental impact of the proposed project. If it decides that the environmental impact will be minimal, it shall submit the site plan and EAF, together with the written comments and recommendations of all the reviewing entities, directly to the planning board.

If, however, the planning division decides that the proposed project may have a significant adverse environmental impact, it shall advise the applicant that an environmental impact statement (EIS) is necessary. The site plan review and approval process will be suspended while the applicant prepares the EIS. When the planning division determines that the EIS complies with the requirements set forth below, it then shall submit the site plan application, EIS, and the written comments and recommendations of the reviewing entities to the planning board.

The planning board will not consider any application for site plan review unless it is channeled through the planning division.

Upon receipt of the site plan, EAF or EIS and town agency and staff comments the planning board shall certify whether of [or] not the application is complete for the purposes of issuing comments to the zoning board of review and the vesting of development rights under section 14 of this ordinance.

In the event that the planning or zoning board determines that factors specific to the case make it necessary to engage the services of a qualified specialist in any technical field including, but not limited to, engineering, planning, design, wetlands biology, real estate, or architecture, in order to advise the town of what, if any, impact may result from a specific application, the planning board or zoning board may require funds be escrowed by the applicant and used by the town, without interference by the applicant, for this purpose. The board shall be authorized to require said applicant to pay the reasonable costs of such consultants in an amount not to exceed the actual costs incurred by the town in order to effectuate the evaluation of impact deemed necessary to come to a final decision on the application. A written report of said consultant shall be provided to the town and applicant within an accepted period of time.

Where it is determined that environmental monitoring is necessary, the town shall approve the monitoring firm and such monitoring shall be supervised by the appropriate town department at the expense of the applicant for an accepted period of time.

(Ch. 894, § 7, 11-5-2007; Ch. 990, § 3, 10-21-2013; Ch. 1055, § 2, 9-4-2018)

The purpose of the EIS is to assist the planning board and zoning board of review to determine whether the proposed project conforms with the express intent of this ordinance to provide adequate light and air; to prevent the overcrowding of land; to protect and conserve the value of land and buildings and the economic and social stability of all parts of the town; to preserve exceptional natural features and environmentally sensitive land and waters; to prevent the pollution of ground[waters] and surface waters and wetlands; to avoid hazardous conditions and excessive damage resulting from stormwater runoff and flooding; to promote the preservation of the existing historic character of the town and to encourage uses which will harmonize with that character; to prevent unsightly, obtrusive, and obnoxious land uses; and otherwise to encourage the most appropriate use of the town's land and natural and manmade resources.

The EIS should assemble relevant and material facts, identify the essential issues to be decided, evaluate all mitigation measures and reasonable alternatives, and make findings and conclusions. It should be analytical, not encyclopedic.

The EIS must contain the following:

— A concise description of the proposed project, including its purpose and need.

— A concise description of the environmental setting of the areas to be affected, sufficient to understand the effects of the proposed project and alternatives.

— A statement of the important environmental impacts of the proposed project, including short[term] and longterm effects and typical associated environmental effects.

— An identification and brief discussion of any adverse environmental effects which cannot be avoided if the proposed project is constructed.

— A description and evaluation of reasonable alternatives to the project which would achieve the same or similar objectives. (The description and evaluation should be at a level of detail sufficient to permit a comparative assessment of the alternatives discussed. The no-action alternative must also be discussed and evaluated.)

— An identification of any irreversible and irretrievable commitments of resources which would be associated with the proposed project should it be constructed.

— A description of mitigation measures to minimize the adverse environmental impacts.

— A description of any growth-inducing aspects of the proposed project, where applicable and significant.

— A discussion of the effects of the proposed project on the use and conservation of energy, where applicable and significant; and

— A list of any underlying studies, reports and other information obtained and considered in preparing the EIS.

(a)

Public notice and comment. The planning board shall publish notice of the application for site plan review, and may provide an opportunity for public comment during which the site plan, the EAF or EIS, and the comments of reviewing entities may be made available for public inspection. If an EIS was prepared, the planning board may hold a public hearing on the application and EIS, and may require the applicant to revise the EIS to reflect the public comments received.

(b)

Planning board report. Following the conclusion of the public comment period and hearing, if any, the planning board shall prepare a written report for the zoning board of review. The report shall incorporate the EAF or EIS and public comments thereon, and shall evaluate the proposed project with respect to the following factors, among others:

(1)

Compliance with all applicable development and performance standards;

(2)

Compatibility with surrounding land uses, and protection of adjoining properties from any adverse impacts;

(3)

Suitability of the site for the proposed use;

(4)

Capacity of public facilities, including but not limited to transportation, fire and police protection, schools, and parks, to serve the proposed project;

(5)

Adequacy of proposed methods for water supply and sewage disposal;

(6)

Adequacy of proposed drainage and erosion control systems to prevent offsite or downstream flooding, erosion, or sedimentation;

(7)

Adequacy, convenience, and safety of the vehicular and pedestrian circulation system within the site and in relation to adjacent streets and property;

(8)

Adequacy of off-street loading and unloading facilities;

(9)

Provision for screening and buffering the proposed project from adjacent residential property and streets;

(10)

Provision for design and location of public accessways to the Narragansett Bay and/or Atlantic Ocean shorelines for any new coastal projects;

(11)

Provision for underground installation of utilities and services;

(12)

Impacts of the proposed project on coastal and freshwater wetlands, tidal waters, coastal resources, and other exceptional natural resources;

(13)

Potential for shoreline erosion and flood hazards;

(14)

Potential for degradation of water quality;

(15)

Adequacy of proposed measures to mitigate adverse environmental impacts;

(16)

Availability of alternatives to the proposed project.

The report also shall recommend such modifications and conditions as will bring the proposed project into compliance with applicable development standards or will reduce adverse environmental impacts.

The planning board shall transmit its report to the zoning board of review and to the applicant no more than 30 days after the date on which it received the site plan, EAF or EIS, and comments of reviewing entities from the planning division and certified that the application was complete.

Within a reasonable time after receiving the planning board report, the zoning board of review shall hold a public hearing in accordance with the provisions of section 11 of this ordinance. It shall render its decision on the site plan and application for a variance or special use permit in writing within a reasonable time after the conclusion of the hearing.

The zoning board of review may grant the application only upon written findings that the conditions set forth in section 11 of this ordinance are satisfied, and, in addition, that the proposed project meets the following requirements:

(1)

It will comply with all applicable development and performance standards.

(2)

It will be compatible with surrounding land uses, and will conform to the town comprehensive plan.

(3)

It will not disrupt the neighborhood or the privacy of abutting landowners with excessive noise, light, glare, or air pollutants.

(4)

It will not generate undue traffic congestion or hazards on neighborhood streets.

(5)

It is a suitable and appropriate use of the site, and is designed so as to accommodate any physical limitations of the site.

(6)

It has adequate sewage and waste disposal facilities.

(7)

It will not result in any increase in on-site, off-site, or downstream flooding, erosion, or sedimentation.

(8)

It has adequate safeguards to prevent damage to or degradation of the town's economically valuable natural land and water resources, and to preserve exceptional natural resources.

(9)

The applicant has taken all reasonable steps to minimize adverse environmental impacts.