A.

The purpose of this article is to permit the review and establishment of land development projects. Land development projects may be permitted through review of the planning commission and/or other local agents in accordance with RIGL 1956, § 45-23-1 et seq., based on the impacts associated with the nature of the use; scale of the project; or other unusual conditions which require additional regulations to meet the objectives of this article, the subdivision and land development regulations adopted by the planning commission and the town comprehensive plan. The review process for land development projects is promulgated to further the following purposes:

(1)

Provide for the orderly, thorough and expeditious review of projects;

(2)

Promote high quality and appropriate design and construction;

(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 project design which will be well integrated with the surrounding neighborhoods with regard to natural and built features and which concentrates development in areas which can best support it by reason of natural characteristics and existing infrastructure;

(5)

Encourage local design and improvement standards to reflect the intent of the town comprehensive plan with regard to the physical character of various neighborhoods and districts of the municipality;

(6)

Promote thorough technical review of all proposed land development projects by appropriate local officials;

(7)

Give developers guidance before incurring the cost of final design and engineering while providing assurances to the town and the general public that the approved project will meet with approved objectives and standards;

(8)

Encourage that local requirements for dedications of public land, impact mitigation and payment-in-lieu thereof are based on clear documentation of needs and fairly applied and administered; and

(9)

Encourage the establishment and consistent application of procedures for local recordkeeping on all matters of land development review, approval and construction.

(Ord. No. 08-18, § 5, 7-7-2008)

A.

A land development project or any component thereof shall be consistent with the following general criteria where applicable. Additional criteria and standards may be listed within individual districts under article II.

(1)

Promote economical and efficient use of the land while providing diverse housing choices and opportunities;

(2)

Promote flexibility in design and diversification in the location of structures;

(3)

Promote greater flexibility and creative and imaginative design for the development of residential and mixed use areas than what is generally possible under conventional zoning regulations;

(4)

Provide suitable safeguards and consideration for land use and site and architectural design that is compatible with adjacent districts and uses;

(5)

Promote development that is commensurate with the availability of public facilities and services and promote the safe circulation of traffic throughout the town;

(6)

Preserve and protect natural resources and features and encourage consideration of environmental impacts and mitigation measures;

(7)

Encourage the provision of open space and public access and give due consideration to the quality and design of landscaping;

(8)

Provide for the proper control of erosion, surface and subsurface drainage and pollution through innovative design and best management practices;

(9)

Facilitate orderly and harmonious site development, including safe and convenient design and provision of egress and ingress, off-street parking, truck loading, internal circulation, emergency access, refuse disposal, outdoor storage, signage and lighting;

(10)

Preserve natural, historical and cultural resources to the maximum extent feasible;

(11)

Protect appropriate vistas and environmental qualities of the town; and

(12)

Assure compliance with the various elements of the comprehensive plan of the town.

(Ord. No. 08-18, § 5, 7-7-2008)

A.

Commercial or industrial developments in which the total floor area is at least 50,000 square feet but less than 100,000 square feet and mixed use developments in which the total floor area is at least 100,000 square feet but less than 200,000 square feet will be considered Minor Land Development Projects and shall be reviewed in accordance with the Subdivisions and Land Development regulations adopted by the Planning Commission. Commercial or industrial developments in which the total floor area is at least 100,000 square feet, mixed use developments in which the total floor area is at least 200,000 square feet, or projects proposing density bonuses through the Transfer of Development Rights or Inclusionary Zoning will be considered Major Land Development Projects and shall be reviewed in accordance with the Subdivision and Land Development regulations. These regulations shall provide for application requirements, review procedures, findings, amendments and appeals.

B.

Commercial or industrial developments containing less than 50,000 square feet of total floor area and mixed use developments containing less than 100,000 square feet of total floor area shall be subject to section 21-284, development plan review.

C.

Where the land development project also constitutes a subdivision, as defined in the land development and subdivision regulations, the two processes shall proceed concurrently in a contemporaneous manner. The procedures for review shall be in accordance with this chapter and the subdivision and land development regulations, including requirements for applications and fees. All information must be submitted, but where there is a duplication of requested information, the application need only provide the information once and make reference to the plans/documents on the other application. At each stage, the subdivision review and action shall take place prior to the decision on the land development project.

D.

Where the land development project requires a special use permit or variance, the two processes shall proceed in a contemporaneous manner to the extent possible. The procedures for review shall be in accordance with this chapter and the subdivision and land development regulations, including requirements for applications and fees. All information must be submitted, but where there is a duplication of requested information, the applicant need only provide the information once and make reference to the plans/documents on the other application.

E.

All multifamily developments not considered mixed use projects will be reviewed by the planning commission as a land development project. Multifamily development projects with less than 50,000 square feet of gross floor area will be reviewed as minor land development projects. All multifamily development projects with 50,000 square feet or more of gross floor area will be reviewed as major land development projects.

(Ord. No. 08-18, § 5, 7-7-2008)