North Smithfield City Zoning Code
PART 6
Development Plan Review
§ 340-6.1 Authority and purpose.
A.
Development plan review shall be required for certain types of development as described in § 340-6.2 below but will not preclude the need to meet other requirements as contained in this chapter, nor be used to deny a permitted use as provided in § 340 Attachment 2.
B.
This article is adopted pursuant to R.I.G.L. § 45-24-49, as amended.
§ 340-6.2 Applicability.
A.
A development plan review shall be required for certain types of construction projects relating to business, professional services, manufacturing, and multifamily uses. Activities and uses requiring development plan review include the following:
(1)
Any construction of a new nonresidential or mixed-use development.
(2)
Any expansion, or alteration of an existing nonresidential or mixed-use structure where the expansion exceeds 5,000 square feet.
(3)
Any change of use, construction, expansion, or alteration that creates a need for over 20 total parking spaces.
(4)
Any proposed development that involves a gasoline service station or contains a drive-up window (including an automated teller machine).
(5)
Any proposed nonresidential or mixed use for which a special use permit or use variance is requested.
(6)
A change in use of a property where no extensive construction or improvements are sought.
(7)
An adaptive reuse project located in a commercial zone where no extensive exterior construction of improvements is sought.
(8)
An adaptive reuse project located in a residential zone which results in less than nine residential units.
(9)
Development in a designated urban or growth center.
(10)
Institutional development for educational or hospital facilities.
§ 340-6.3 Review and permitting authority.
A.
Development plan review consists of two review processes, administrative and formal as follows:
(1)
Administrative development plan review consists of one stage of review, and the authorized permitting authority is the administrative officer. The following activities are subject to administrative development plan review:
(a)
Any construction of a new nonresidential or mixed-use building less than 5,000 square feet.
(b)
A change in use of a property where no extensive construction of improvements is sought.
(c)
An adaptive reuse project located in a commercial zone where no extensive exterior construction of improvements is sought.
(d)
An adaptive reuse project located in a residential zone which results in less than nine residential units.
(2)
Formal development plan review consists of the preliminary stage and final stage of review. The authorized permitting authority is the Planning Board. The following activities are subject to formal development plan review:
(a)
Any construction of a new nonresidential or mixed-use building 5,000 square feet or greater.
(b)
Any expansion or alteration of an existing nonresidential or mixed-use structure where the expansion exceeds 5,000 square feet.
(c)
Any change of use, construction, expansion or alteration that creates a need for over 20 total parking spaces.
(d)
Any proposed development that involves a gasoline service station or contains a drive-up window (including an automated teller machine).
(e)
Any proposed nonresidential or mixed use for which a special use permit or use variance is requested.
(f)
Development in a designated urban or growth center.
(g)
Institutional development for educational or hospital facilities.
(3)
The administrative officer may combine the stages of review for formal development plan review, providing that the submission requirements of both stages of review are met by the applicant to the satisfaction of the administrative officer.
§ 340-6.4 Waivers.
A.
Requirements for development plan review may be waived where there is a change in use or occupancy, and no extensive construction of improvements is sought. The waiver may be granted by a decision by the administrative officer or by the Planning Board following a referral from the administrative officer after a finding that the use will not affect existing drainage, circulation, relationship of buildings to each other, landscaping, buffering, lighting and other considerations of development plan review, and that the proposed change in use or occupancy will not require upgraded or additional site improvements.
B.
The application for a waiver of development plan review shall include documentation on prior use of the site, the proposed use and its impact, and any other pertinent information necessary to support the requested waiver.
C.
The Planning Board may grant waivers to the application of design standards contained in Article V of the Land Development and Subdivision Regulations.
§ 340-6.5 Application requesting relief from the zoning ordinance.
A.
Applications under this article which require relief which qualifies only as a modification shall proceed by filing an application and a request for a modification to the Zoning Enforcement Officer. If such modification is granted the application shall then proceed to be reviewed by the Planning Board and/or administrative officer as determined in this article. If the modification is denied or an objection is received within 14 days of the public notice, such application shall proceed under unified development review to be reviewed by the Planning Board.
B.
Applications under this section which require relief from the literal provisions of the zoning ordinance in the form of a variance or special use permit shall be reviewed by the Planning Board under unified development review, and a request for such review shall accompany the preliminary plan application.
C.
A filing fee in an amount as specified in Appendix A, Schedule of Zoning Fees, Charges and Expenses.
§ 340-6.6 Submission requirements.
A.
Every site plan submitted in accordance with this article shall submit to the administrative officer the items contained in the appropriate checklist for Minor Land Development Projects as contained in the Land Development and Subdivision Regulations.
B.
The Planning Board may, at its discretion, retain independent experts, tests and analyses regarding any aspect of, or issue related to an application or related to its review of the proposed development and all such fees, costs, and expenses shall be borne by the applicant.
§ 340-6.7 Environmental impact assessment.
A.
The following impact analysis of the proposed development may be required with respect to on-site and off-site environmental quality:
(1)
Potential impacts on the quality of air, surface water, and groundwater adjacent to and/or directly affected by the proposed development (e.g., amount and nature of all industrial and chemical wastes generated).
(2)
On-site and/or off-site flooding and erosion best management practices.
(3)
Off-site hazards from radiological emissions or other hazardous materials.
(4)
Off-site noises and vibrations.
(5)
Lighting impacts.
(6)
Evaluation of adequacy of existing or proposed systems and services for water supply and disposal of liquid and solid wastes.
(7)
Impacts on historical (properties, districts, areas), natural, cultural and archaeological resources.
(8)
Consistency and compatibility of the proposal with local and regional developmental goals and plans.
§ 340-6.8 Fiscal impact assessment.
A fiscal impact analysis of the proposed development may be required with respect to the economic impact of land development projects on the Town which shall address the following:
A.
Costs arising from increased demands for public services and infrastructure.
B.
Benefits from increased tax revenues, employment, and value of public infrastructure to be provided.
C.
Impact of proposed development on the values of adjoining properties.
D.
Five-year projection.
§ 340-6.9 Traffic impact assessment.
A.
A traffic impact analysis of the proposed development may be required to evaluate the points of pedestrian and vehicular traffic conflict for all land development projects, which shall address the following:
(1)
Level of service, existing and projected, according to criteria set forth by the Transportation Research Board of the National Research Council in impacted intersections and streets.
(2)
Impact on daily and peak hour traffic.
(3)
Capability of existing and proposed roads to handle gross weight of vehicles.
(4)
Safety analysis, including but not limited to accident data and analysis, and line of site and stopping distance analysis.
§ 340-6.10 Certification.
A.
The application shall be certified in writing, whether complete or incomplete, by the administrative officer within 25 days. If no street creation or extension is required, and/or unified development review is not required, the application shall be certified complete or incomplete by the administrative officer within 15 days.
B.
The running of the time period set forth in this section will be deemed stopped upon the issuance of a written certificate of incompleteness of the application by the administrative officer and will recommence upon the resubmission of a corrected application by the applicant. However, in no event will the administrative officer be required to certify a corrected submission as complete or incomplete less than 10 days after its resubmission.
C.
If the administrative officer certifies the application as incomplete, the officer shall set forth in writing with specificity the missing or incomplete items.
§ 340-6.11 Application review and decision.
A.
Administrative development plan review. An application shall be approved, denied, or approved with conditions within 25 days of the certificate of completeness or within any further time that is agreed to in writing by the applicant and administrative officer.
B.
Formal development plan review.
(1)
Preliminary plan. Unless the application is reviewed under unified development review, the Planning Board will approve, deny, or approve with conditions, the preliminary plan within 65 days of certification of completeness, or within any further time that is agreed to by the applicant and the permitting authority.
(2)
Final plan. For formal development plan approval, the Planning Board shall delegate final plan review and approval to the administrative officer. The officer shall report their actions in writing to the Planning Board at its next regular meeting to be made part of the record. The final plan shall be approved or denied within 45 days after the certification of completeness, or within a further amount of time that may be consented to by the applicant, in writing.
C.
Failure to act. Failure of the permitting authority to act within the period prescribed constitutes approval of the preliminary plan and a certificate of the administrative officer as to the failure to act within the required time and the resulting approval shall be issued on request of the applicant.
D.
Vested rights. Approval of development plan review shall expire two years from the date of approval unless, within that period, a plat or plan in conformity with approval, and as defined in this act, is submitted for signature and recording. Validity may be extended for an additional period upon application to the administrative officer or permitting authority, whichever entity approved the application, upon a showing of good cause.
E.
Modifications and changes to plans.
(1)
Minor changes to the plans may be approved administratively by the administrative officer, whereupon final plan approval may be issued. The changes may be authorized without an additional Planning Board meeting, at the discretion of the administrative officer. All changes shall be made as part of the permanent record of the project application. This provision does not prohibit the administrative officer from requesting recommendations from either the technical review committee or the Planning Board. For the purpose of these regulations, the term "minor changes" shall mean any change which, in the opinion of the Administrative Officer, is consistent with the intent of the original approval. Such minor changes shall include, but are not necessarily limited to the following:
(a)
Amendments to utility plans which are acceptable to the Director of Public Works or to the appropriate utility company.
(b)
Lot line revisions which can be reviewed and approved as an Administrative Subdivision according to the provisions of Article III, General Requirements.[1]
[1]
Editor's Note: Refers to the North Smithfield Land Development and Subdivision Review regulations.
(c)
Amendments to grading plans or drainage plans which are acceptable to the Director of Public Works, and which do not require approval of any state or federal reviewing authorities.
(d)
Amendments to construction plans which are required because of unforeseen physical conditions on the parcel being subdivided.
(e)
Modifications which are required by outside permitting agencies such as but not limited to the Department of Environmental Management and the Department of Transportation.
(2)
Denial of the proposed change(s) shall be referred to the Planning Board for review as a major change.
(3)
Major changes to the plans may be approved only by the Planning Board and shall follow the same review and hearing process required for approval of preliminary plans, which shall include a public hearing. For the purpose of these regulations the term "major changes" shall mean changes which, in the opinion of the administrative officer, are clearly contrary to the intent of the original approval. Such major changes shall include, but are not necessarily limited to the following:
(a)
Changes which would have the effect of creating additional lots or dwelling units for development.
(b)
Changes which would be contrary to any applicable provision of the zoning ordinance, or which require a variance or special use permit from the Zoning Board of Review.
(c)
Changes which may have significant negative impacts on abutting property or property in the vicinity of the proposed subdivision or land development project.
(4)
The administrative officer shall notify the applicant in writing within 14 days of submission of the final plan application if the administrative officer determines that there has been a major change to the approved plans.
§ 340-6.12 Appeals.
Any and all appeals from any decisions under this chapter as it relates to development plan review shall be to the Superior Court for the county in which the municipality is situated by filing a complaint stating the reasons for the appeal within 20 days after the decision has been recorded and posted in the office of the Town Clerk.
§ 340-6.13 Site and design standards.
A.
Stormwater management.
(1)
Minimum requirements for stormwater management.
(a)
Total impervious cover shall be reduced to the maximum extent practicable using low-impact development (LID) methods as specified in the RI Stormwater Design and Installation Standards Manual and supporting guidance documents (as amended) and shall not exceed the maximum allowed within a given district. Elevated structures with roofs allowing for groundwater infiltration that are less than 120 square feet in size are exempt when calculating this percentage. Impervious cover shall be calculated based on the area of the parcel suitable for development, excluding wetlands, hydric soils, high flood zone, and other lands identified as unsuitable for development. The use of permeable pavements is encouraged where the risk of groundwater contamination is low.
(b)
Stormwater control measures shall be designed to ensure that no net increase between predevelopment and post-development site conditions in volume or rate of stormwater runoff for a 25-year frequency rainfall occurs onto adjacent properties or roadways from the proposed individual residential lot.
(c)
Stormwater management plan. A detailed stormwater management plan shall be submitted to the Town that includes a drainage plan and drainage calculations prepared by a Rhode Island registered professional engineer. Proposed grading shall maintain existing natural drainage patterns to the degree feasible. Use of small-scale low-impact development stormwater controls designed to disperse, store, filter, and infiltrate stormwater runoff at points close to where runoff is generated with minimal site alteration and filing shall be required.
§ 340-6.14 Enforcement.
The provisions of this chapter shall be enforced by the Building/Zoning Official or his designee.