Pawtucket City Zoning Code
ARTICLE IIIA
Development Plan Review
§ 410-15.1 Development plan review process.
A.
Purpose. It is the purpose of this article to establish procedures pursuant to the permitting process which will enable the City to perform a comprehensive review of certain proposed developments. The development plan review (DPR) procedure shall not be used to deny an applicant a permitted use of the property as established by the Zoning Ordinance. The particular uses requiring development plan review are outlined. The development plan review requirements of this article are designed to assure safe, orderly and harmonious development of property in a manner that shall:
(1)
Provide suitable safeguard and consideration for land use and site architectural design that is compatible with adjacent districts and uses;
(2)
Permit development to an extent commensurate with the availability and capacity of public facilities and services and promote the safe circulation of traffic throughout the City;
(3)
Preserve and protect natural resources and features and encourage consideration of environmental impacts and mitigative measures;
(4)
Encourage the provision of open space and public access and give due consideration to the quality and design of landscaping;
(5)
Encourage adequate consideration for the proper control of erosion, surface and subsurface drainage and pollution;
(6)
Facilitate orderly harmonious site development including safe and convenient provision and design of egress and ingress, off-street parking, truck loading, internal circulation, emergency access, refuse disposal outdoor storage, signage and lighting;
(7)
Preserve natural, historical, and cultural resources to the maximum extent feasible;
(8)
Protect appropriate vistas and environmental qualities of the City;
(9)
Assure consideration of the various elements of the comprehensive plan of the City.
B.
Applicability. No permit to build, alter or expand any of the uses requiring development plan review as outlined below shall be issued by the Building Official until a written statement of final approval in accordance with this article has been received. The applicant is responsible for obtaining a building permit through the Zoning and Code Enforcement Office as required by City ordinances. The applicant must submit all plans and documents normally required for a building permit. The approved final plan shall be part of this submission. The development plan review process will not preclude the need to meet other City requirements as they may apply to a particular development. No alteration to any City ordinance requirements, or any necessity to gain approval by another legal jurisdiction shall be deemed to be authorized or granted by virtue of the development plan review under this article.
C.
Coordination with other reviews.
(1)
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 Director of Zoning and Code Enforcement in accordance with § 410-97.1. If such modification is granted the application shall then proceed to be reviewed by the designated permitting authority as determined in this article. If the modification is denied or an objection is received as set forth in § 410-97.1C, such application shall proceed under unified development review and be reviewed by the City Planning Commission or Joint Planning Commission as appropriate.
(2)
Applications under this article which require a special use permit or a variance. The development plan review process must be conducted by the City Planning Commission or Joint Planning Commission under unified development review as appropriate, and a request for the review shall accompany the preliminary Development Plan Review application.
D.
Development plan review process. Development plan review consists of two review processes, administrative and formal. A development subject to formal DPR shall not be subject to administrative DPR.
(1)
Administrative development plan review consists of one stage of review and the authorized permitting authority is the Administrative Officer.
(2)
Formal development plan review consists of the preliminary stage and final stage of review.
(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.
E.
Development plan review thresholds. Applications for development shall be reviewed in accordance with the following thresholds. Any application for a major subdivision that meets the minimum for a land development project as defined by the City of Pawtucket shall be subject to the review procedures provided for those activities and shall not require development plan review. A development subject to development plan review shall not otherwise be classified as a land development project. Specific zoning districts may have alternative requirements for development plan review. The requirements of those districts shall govern.
(1)
Formal development plan review required by the City Planning Commission or Joint Planning Commission as appropriate unless assigned to a technical review committee elsewhere in this chapter:
(a)
Any development exceeding the thresholds for administrative development plan review.
(b)
Any application that is referred to the City Planning Commission or Joint Planning Commission as appropriate by the Administrative Officer or the Zoning Board of Review.
(c)
Unified development review applications.
(2)
Administrative development plan review required by the Administrative Officer:
(a)
Construction of any new residential structure or conversion of any existing structure to residential consisting of nine units or less.
(b)
Construction of any new commercial or industrial primary structure less than or equal to 10,000 square feet of gross floor area.
(c)
Accessory structures exceeding 150 square feet of gross floor area.
(d)
An expansion of up to 50% of existing floor area or up to 10,000 square feet for commercial, manufacturing or industrial structures.
(e)
Mixed-use development consisting of up to six dwelling units and 2,500 gross square feet of commercial space or less.
(f)
An adaptive reuse project of up to 25,000 square feet of gross floor area located in a nonresidential zone where no extensive exterior construction of improvements is sought.
(g)
An adaptive reuse project located in a residential zone which results in less than nine residential units.
(h)
Electric, gas, water, and irrigation stations and structures that are part of a public utility system.
(i)
Any permitted use that is specifically referred in writing to the Administrative Officer by the Building Official or the Director of Zoning and Code Enforcement.
F.
Certification.
(1)
The application shall be certified, in writing, 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.
(2)
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.
(3)
If the Administrative Officer certifies the application as incomplete, the Administrative Officer shall set forth in writing with specificity the missing or incomplete items.
G.
Application review and decision.
(1)
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.
(2)
Formal development plan review.
(a)
Preliminary plan. Unless the application is reviewed under unified development review, the permitting authority 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.
(b)
Final plan. For formal development plan review, the permitting authority shall delegate final plan review and approval to the Administrative Officer. The Administrative Officer will report its actions in writing to the permitting authority at its next regular meeting, to be made part of the record. 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.
(3)
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 application.
(4)
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 chapter, 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.
(5)
Changes to plans.
(a)
Minor changes to the plans approved at any stage may be approved administratively, by the Administrative Officer, whereupon final plan approval may be issued. The changes may be authorized without an additional permitting authority meeting, at the discretion of the Administrative Officer. All changes shall be made part of the permanent record of the project application. This provision does not prohibit the Administrative Officer from requesting recommendation from the permitting authority. Minor changes are described in the Land Development and Subdivision Regulations.
(b)
Denial of the proposed change(s) shall be referred to the permitting authority for review as a major change.
(c)
Major changes to the plans approved at any stage may be approved only by the permitting authority and must follow the same review and hearing process required for approval of preliminary plans, which shall include a public hearing. Major changes are described in the Land Development and Subdivision Regulations.
(d)
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.
H.
Waivers.
(1)
Requirements for development plan approval 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 only by a decision by the permitting authority identified in this article, 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 approval, and that the existing facilities do not require upgraded or additional site improvements.
(2)
The application for a waiver of development plan approval review shall include documentation on prior use of the site, the proposed use, and its impact.
I.
Criteria for approval. The City Planning Commission or the permitting authority shall review the application and supporting documentation and shall issue development plan approval (including appropriate revisions and conditions), provided that the applicant has proved to the Commission/permitting authority that the following criteria will be met:
(1)
The design of the proposed development will be consistent with the goals of the City Comprehensive Plan and will implement the purposes of development plan review;
(2)
The proposal complies with all applicable provisions within the Zoning Ordinance;
(3)
The plans for such project provide sufficient designs to all dimensional standards, including, but not limited to, parking and circulation, to ensure the health and safety of Pawtucket residents and visitors;
(6)
Any conditions or restrictions that are necessary to ensure that these criteria have been met have been incorporated into the written approval.
J.
Appeals.
(1)
Appeals to Providence County Superior Court may be taken by a person aggrieved by any final action of the permitting authority pursuant to the provisions of this section. Such appeal shall be taken within 20 days of recording and posting of the decision with the City Clerk. Copies of the development plan and the findings shall be made available by the Department of Planning and Redevelopment for review by any party.
K.
Interpretation, conflict, and severability.
(1)
In their interpretation and application, the provisions of this article shall be held to be the minimum requirements. More stringent requirements may be required if it is demonstrated that different standards are necessary to promote the public health, safety and welfare.
(2)
Where the Administrative Officer or the Commission recognizes the design standards of this article cannot be fully met, the Administrative Officer or the Commission has the authority to approve development plans incorporating a balance of the design standards in a manner which maximizes the achievement of the stated objectives of this article. Compensating amenities and features exceeding standards and objectives must be identified within such a development plan. The Administrative Officer or the Commission shall address these offsetting features in writing as part of its statement of final decision.
(3)
Where the conditions imposed by any provisions of this article are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this article or of any other applicable law, ordinance resolution, rule or regulation of any kind, the regulations which are more restrictive and impose higher standards or requirements shall govern.
(4)
The provisions of this article are severable. If a section, sentence, clause, or phrase of this article is adjudged by a court of competent jurisdiction to be invalid, the decision shall not affect the remaining portions of this article.