Town of East Greenwich, RI
Kent County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Planning Board of the Town of East Greenwich 8-16-1999; as amended by the Planning Board through February 2011. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Planning Board — See Ch. 34, Art. IV.
Building construction — See Ch. 38.
Development impact fees — See Ch. 93, Art. II.
Land Trust — See Ch. 143.
Sewers — See Ch. 197.
Soil erosion and sedimentation control — See Ch. 207.
Zoning — See Ch. 260.
STATE LAW REFERENCES
Abandonment of streets — See R.I.G.L. § 24-6-1 et seq.
Land Development and Subdivision Review Enabling Act of 1992 — See R.I.G.L. § 45-23-25 et seq.
Comprehensive Planning and Land Use Regulation Act — See R.I.G.L. § 45-22.2-1 et seq.
Development Impact Fee Act — See R.I.G.L. § 45-22.4-1 et seq.
Zoning Enabling Act of 1991 — See R.I.G.L. § 45-24-27 et seq.
Attachment 1 - Appendix A, Specifications and Standards for Tree Preservation and Planting in New Subdivisions Attachment 2 - Appendix B, Lot Design Standards Attachment 3 - Appendix C, Road Design Attachment 4 - Appendix D, East Greenwich Fire District Water Supply for Fire Protection Policy Attachment 5 - Preapplication Checklist Attachment 6 - Checklist I, Administrative Subdivisions Attachment 7 - Checklist II, Preliminary Plat: Minor Land Development and Minor Subdivisions Attachment 8 - Checklist III, Final Plat: Minor Land Development and Minor Subdivisions Attachment 9 - Checklist IV, Master Plan Checklist: Major Land Development and Major Subdivisions Attachment 10 - Checklist V, Preliminary Plat: Major Land Development and Major Subdivisions Attachment 11 - Checklist VI, Final Plat: Major Land Development and Major Subdivisions
These regulations shall be known as the "Town of East Greenwich Development and Subdivision Review Regulations."
In accordance with the authority vested in the East Greenwich Planning Board by Title 45, Chapter 23 of the General Laws of Rhode Island (the Act), as amended, and by the Code of Ordinances of the Town of East Greenwich, Chapter 34, Article IV, Planning Board, the Planning Board hereby declares its intention to exercise the power granted to it and hereby adopts the following regulations. They are declared effective as of August 16,1999, and supersede all previous land development and subdivision regulations of the Town of East Greenwich.
A. 
Generally. These regulations shall be applicable in all of the following instances:
(1) 
In all cases of subdivision of land, including resubdivision, as defined in Section 45-23-32 of the Act, all provisions of Sections 45-23-25 through 45-23-74 of the Act shall apply.
(2) 
In all cases of land development projects, as provided for in Section 45-24-47 of the Zoning Enabling Act of 1991, where East Greenwich may allow for such land development projects in the Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 260, Zoning.
(3) 
In all cases of development plan review, as provided for in Section 45-24-49 of the Zoning Enabling Act of 1991, where East Greenwich has established, within its Zoning Ordinance, procedures for review and approval of such applications.
B. 
Plats required.
(1) 
All activity defined as a subdivision shall require a new plat, drawn to the specifications of these regulations, and shall be reviewed and approved by the Planning Board or its agents as provided; and
(2) 
Prior to recording, the approved plat shall be submitted for signature as specified in Section 45-23-64 of the Development Review Act.
Nothing herein contained and no Town ordinance, rule or regulation adopted herein shall impair the validity of any plat legally recorded prior to the effective date of such ordinance, rule or regulation.
The purpose of these regulations is to establish procedural and substantive provisions for the subdivision and development of land that will, consistent with the provisions of the Comprehensive Community Plan and the Zoning Ordinance, accomplish the following purposes:
A. 
Provide for the orderly, thorough and expeditious review and approval of land developments and subdivisions;
B. 
Promote high quality and appropriate design and construction of land developments and subdivisions;
C. 
Protect the existing natural and built environment and mitigate all significant negative impacts of any proposed development on the existing environment;
D. 
Promote design of land developments and subdivisions that are well-integrated with the surrounding neighborhoods with regard to natural and built features, and that concentrate development in areas that can best support intensive use by reason of natural characteristics and existing infrastructure;
E. 
Provide thorough technical review of all proposed land developments and subdivisions;
F. 
Provide local design and improvements standards to reflect the intent of the Comprehensive Community Plan with regards to the physical character of the various neighborhoods and districts of the Town of East Greenwich;
G. 
Encourage, fairly apply, and administer dedications of public land, impact mitigation and payment-in-lieu thereof, based on clear documentation of needs;
H. 
Establish consistent application of procedures for local recordkeeping on all matters of land development and subdivision review, approval and construction;
I. 
Protect the public health, safety and welfare; and
J. 
Assure the orderly growth and development of the Town of East Greenwich.
In the instance of uncertainty in the interpretation, construction or application of any section of these regulations, it shall be construed in a manner that will further the implementation of, and not be contrary to, the goals and policies and applicable elements of the East Greenwich Comprehensive Community Plan and the Zoning Ordinance. Furthermore, this chapter shall be interpreted in a fashion that is consistent with the legislative findings, intents and purposes of Sections 45-23-25 through 45-23-74 of the Act.[1]
[1]
Editor's Note: See the Rhode Island Land Development and Subdivision Review Enabling Act of 1992.
Where words or phrases used in this chapter are defined in the definitions section of either the Rhode Island Comprehensive Planning and Land Use Regulation Act, § 45-22.2-4, or the Zoning Enabling Act of 1991, § 45-24-31, they shall have the meanings stated therein. In addition other below-listed words, phrases and terms shall have the following meanings:
ADMINISTRATIVE OFFICER
The Town official(s) designated by these regulations to administer the land development and subdivision regulations and to coordinate with local boards and commissions, municipal staff and state agencies.
ADMINISTRATIVE SUBDIVISION
Resubdivision of existing lots which yields no additional lots for development and involves no creation or extension of streets. Such resubdivision shall only involve divisions, mergers, mergers and division, or adjustments of boundaries of existing lots.
BICYCLE PATH
A pathway, usually separated from the roadway, designed specifically to satisfy the requirements of bicycling.
BOARD OF APPEAL
The review authority for appeals of actions of the Administrative Officer and the Permitting Authority on matters of land development or subdivision, which shall be the Zoning Board of Review constituted as the Board of Appeal. See § A263-43.
BOND
See "improvement guarantee."
BUILDABLE LOT
A lot where construction for the use(s) permitted on the site under the Zoning Ordinance is considered practicable by the Permitting Authority, considering the physical constraints to development of the site as well as the requirements of the pertinent federal, state and local regulations. See also Appendix B, Lot Design Standards.[1]
CAPPED SYSTEM
A completed water supply and/or sanitary sewer system constructed prior to availability of a public water or sewer connection, which is sealed or capped to prevent usage until such a connection is made.
CERTIFICATE OF COMPLETENESS
A notice issued by the Administrative Officer informing an applicant that the application is complete and meets the requirements of this chapter and that the applicant may proceed with the approval process. See § A263-10B.
CLUSTER DEVELOPMENT
A site planning technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space and/or preservation of environmentally, historically or other sensitive features and/or structures. The techniques used to concentrate buildings shall be specified in the ordinance and may include, but are not limited to, reduced lot areas, setback requirements and/or bulk requirements with the resultant open land being devoted by deed restrictions for one or more uses. Under cluster development there is no increase in the number of lots that would be permitted under conventional development except where ordinance provisions include incentive bonuses for certain types or conditions of development. (See Chapter 260, Zoning, Article IX, Cluster Subdivisions, for further definitions related to clusters.)
CONCEPT PLAN
A drawing with accompanying information showing the basic elements of a proposed land development plan or subdivision as used for preapplication meetings and initial process discussions and classification of the project within the approval process.
CONSISTENCY WITH THE COMPREHENSIVE PLAN
A requirement of all East Greenwich regulations, which means that all such regulations and subsequent actions shall be in accordance with the public policies arrived at through detailed study and analysis and adopted by the Town of East Greenwich as the Comprehensive Community Plan as specified (in § 45-22.2-3 of the Rhode Island General Laws).
DEDICATION, FEE IN LIEU OF
Payments of cash which are authorized in the local regulations when requirements for mandatory dedication of land are not met because of physical conditions of the site or other reasons. The conditions under which the payments will be allowed and all formulas for calculating the amount shall be specified in advance in the local regulations. See R.I.G.L. § 45-23-47.
[Amended 12-9-2015]
DEVELOPMENT REGULATION
Zoning, subdivision, land development plan, development plan review, historic district, Official Map, floodplain regulation, soil erosion control or any other governmental regulation of the use and development of land.
DIVISION OF LAND
A subdivision.
ENVIRONMENTAL CONSTRAINTS
Natural features, resources or land characteristics that are sensitive to change and may require conservation measures or the application of special development techniques to prevent degradation of the site, or may require limited development or, in certain instances, may preclude development. See also "physical constraints to development."
FINAL PLAN
The final stage of the land development and subdivision review process. See § A263-21.
FINAL PLAT
The final drawing(s) of all or a portion of a subdivision to be recorded after approval by the Permitting Authority and any accompanying material as described in this chapter and/or required by the Planning Board.
FLOOR AREA, GROSS
See Rhode Island State Building Code.[2]
GOVERNING BODY
The East Greenwich Town Council.
IMPROVEMENT
Any natural or built item which becomes part of, is placed upon, or is affixed to real estate.
IMPROVEMENT GUARANTEE
A security instrument in a form acceptable to the Town to ensure that all improvements, facilities or work required by the land development and subdivision regulations, or required as a condition of approval, will be completed in compliance with the approved plans and specifications of a development. See § A263-25.
LOCAL REGULATIONS
The development and subdivision review regulations adopted under the provisions of the Act. Where reference is made to local regulations, it shall be understood as the development and subdivision review regulations and all related ordinances and rules properly adopted pursuant to the Act.
LOT
Either: 1) the basic development unit for determination of lot area, depth and other dimensional regulations; or 2) a parcel of land whose boundaries have been established by some legal instrument such as a recorded deed or recorded map and which is recognized as a separate legal entity for purposes of transfer of title.
LOT FRONTAGE
That portion of a lot extending along a street right-of-way.
MAINTENANCE GUARANTEE
A security instrument which may be required and accepted by the Town to ensure that necessary improvements will function as required for a specific period of time. See "improvement guarantee."
MAJOR LAND DEVELOPMENT PLAN
Any land development plan not classified as a minor land development plan.
MAJOR SUBDIVISION
Any subdivision not classified as either an administrative subdivision or a minor subdivision.
MASTER PLAN
An overall plan for a proposed project site outlining general, rather than detailed, development intentions. It describes the basic parameters of a major development proposal rather than giving full engineering details. Required in major land development or major subdivision review.
MINIMUM BUILDABLE AREA (M.B.A.)
The amount of land required by zone to constitute the building envelope for each lot. The minimum buildable area is defined by taking the minimum lot size for a zone and subtracting the required setbacks. The M.B.A. shall be free of all wetlands, drainage structures or other features which would impair its use for purposes allowed under the Zoning Ordinance. See Appendix B.[3]
MINOR LAND DEVELOPMENT PLAN
A development plan for a residential project, as defined in local regulations, provided that such development does not require waivers or modifications as specified in this chapter. All nonresidential land development projects shall be considered as major land development plans.
MINOR SUBDIVISION
A plan for a subdivision of land consisting of five or fewer units or lots, provided that such subdivision does not require waivers or modifications as specified in this act.
MODIFICATION OR WAIVER OF REQUIREMENTS
See § A263-38.
PARCEL
A lot or contiguous group of lots in single ownership or under single control and usually considered a unit for purposes of development.
PARKING AREA OR LOT
All that portion of a development that is used by vehicles, the total area used for vehicular access, circulation, parking, loading and unloading.
PERMITTING AUTHORITY
The Planning Board.
PHASED DEVELOPMENT
Development, generally of a large scale, where construction of public and/or private improvements proceeds in sections or phases according to an approved master plan for the entire site.
PHYSICAL CONSTRAINTS TO DEVELOPMENT
Characteristics of a site or area, either natural or man-made, which preclude or present significant difficulties to construction of the uses permitted on that site or would require extraordinary construction methods. See also "environmental constraints."
PLANNING BOARD
The official planning agency of the Town of East Greenwich.
PLAT
A drawing or drawings of a land development or subdivision plan showing the location, boundaries and lot lines of individual properties, as well as other necessary information as specified in these Regulations.
PREAPPLICATION CONFERENCE
An initial meeting between developers and municipal representatives which affords developers the opportunity to present their proposals informally and to receive comments and directions from the municipal officials and others. See § A263-9.
PRELIMINARY PLAN
The required stage of land development and subdivision review, which shall require detailed engineered drawings and all required state and federal permits. See §§ A263-13 and A263-19.
PUBLIC IMPROVEMENT
Any street or other roadway, sidewalk, pedestrian way, tree, lawn, off-street parking area, drainage feature, or other facility for which the local government or other governmental entity either is presently responsible or will ultimately assume the responsibility for maintenance and operation upon municipal acceptance.
PUBLIC INFORMATIONAL MEETING
A meeting of the Permitting Authority or governing body preceded by a notice, open to the public and at which the public shall be heard. See § A263-16D(1) and (2).
RESUBDIVISION
Any change of an approved or recorded subdivision plat or in a lot recorded in the Town land evidence records, or that affects the lot lines of any areas reserved for public use, or that affects any map or plan legally recorded prior to the adoption of these regulations.
STORMWATER DETENTION
A method for storage of stormwater runoff and the controlled release of such runoff during and after a flood or storm event.
STORMWATER RETENTION
A provision for storage/holding of stormwater runoff.
STREET
A public or private thoroughfare used, or intended to be used, for passage or travel by motor vehicles. See street classification.
STREET, ACCESS TO
An adequate and permanent way of entering a lot. All lots of record shall have access to a public street for all vehicles normally associated with the uses permitted for that lot.
STREET ALLEY
A public or private thoroughfare primarily designed to serve as secondary access to the side or rear of those properties, whose principal frontage is on some other street.
STREET CLASSIFICATION
A method of roadway organization which identifies a street hierarchy according to function within a road system, that is, types of vehicles served and anticipated volumes, for the purposes of promoting safety, efficient land use and the design character of neighborhoods and districts. Local classifications shall use the following as major categories:
A. 
A major street that serves as an avenue for the circulation of traffic into, out of, or around the Town and carries high volumes of traffic.
B. 
A street whose principal function is to carry traffic between local streets and arterial streets but that may also provide direct access to abutting properties.
C. 
Streets whose primary function is to provide access to abutting properties.
STREET, CUL-DE-SAC
A local street with only one outlet and having an appropriate vehicular turnaround, either temporary or permanent, at the closed (bulb) end. Culs-de-sac shall not exceed 1,000 feet in length. Minimum length for culs-de-sac shall consist of the base frontage for the zone in which it lies plus the dimensions of the full bulb. The "bulb" of the cul-de-sac shall provide frontage for a maximum of three lots.
STREET, LIMITED ACCESS HIGHWAY
A freeway or expressway providing for through traffic. Owners or occupants of abutting property on lands and other persons have no legal right to access, except at such points and in such manner as may be determined by the public authority having jurisdiction over the highway. Frontage on a limited access highway shall not constitute legal frontage for zoning or subdivision purposes.
STREET, PRIVATE
Private streets shall be prohibited in all single-family residential developments.
STREET, PUBLIC
All public property reserved or dedicated for street traffic.
STREET STUB
A portion of a street reserved to provide access to future development, which may provide for utility connections.
SUBDIVIDER
Any person who (1) having an interest in land, causes it, directly or indirectly, to be divided into a subdivision; or who (2) directly or indirectly sells, leases or develops, or offers to sell, lease or develop, or advertises to sell, lease or develop, any interest, lot, parcel, site, unit or plat in a subdivision; or who (3) engages directly or through an agent in the business of selling, leasing, developing or offering for sale, lease or development a subdivision or any interest, lot, parcel, site, unit or plat in a subdivision.
SUBDIVISION
The division or redivision of a lot, tract or parcel of land into two or more lots, tracts or parcels. Any adjustment to existing lot lines of a lot of record by any means shall be considered a subdivision. All resubdivision activity shall be considered a subdivision. The division of property for purposes of financing constitutes a subdivision.
TECHNICAL REVIEW COMMITTEE
A committee comprised of the Town Manager, Director of Public Works, Chief of Police, Fire Chief, Director of Parks and Recreation, Building Official/Zoning Enforcement Officer, and the Director of Planning, or their assigns, for the purpose of reviewing, commenting and making recommendations to the Planning Board with respect to approval of land development and subdivision applications. The Director of the Kent County Water Authority is an advisor to the Technical Review Committee.
TEMPORARY IMPROVEMENT
Improvements built and maintained by a developer during construction of a development project and prior to release of the improvement guarantee that are not intended to be permanent.
VEGETATED BUFFER
A naturally vegetated, landscaped or revegetated area retained as such and wherein construction and land disturbance, such as clearing trees, cutting brush or grading, is prohibited, and new buildings or structures, including but not limited to roads, septic systems, sheds and utilities are not allowed. See also § A263-23.
[Added 11-6-2013]
VESTED RIGHTS
The right to initiate or continue the development of an approved project for a specified period of time, under the regulations that were in effect at the time of approval, even if, after the approval, the regulations change prior to the completion of the project.
WAIVER OF REQUIREMENTS
See § A263-38.
[1]
Editor's Note: Appendix B, Lot Design Standards, is attached to this chapter.
[2]
Editor's Note: See R.I.G.L. § 23-27.3-100.1 et seq.
[3]
Editor's Note: Appendix B, Lot Design Standards, is attached to this chapter.
A. 
Required findings. In approving all administrative, minor and major development applications the Permitting Authority or the Administrative Officer shall address each of the general purposes of these regulations and shall make positive findings relative to the below-listed provisions. If an adverse or negative finding for any of these standards is made, the Permitting Authority or Administrative Officer shall have grounds for denial of the project design. All findings shall be in writing and shall be part of the project's record of review.
(1) 
All subdivisions shall be consistent with the requirements of the East Greenwich Comprehensive Community Plan and/or shall satisfactorily address the issues where there may be inconsistencies;
(2) 
All proposed lots in a subdivision shall conform to the minimum standards and applicable provisions of the East Greenwich Zoning Ordinance. Note: Lots donated to the Town to comply with requirements relating to recreational facilities may, at the discretion of the Permitting Authority, not meet all dimensional and other requirements of the zone in which the lot is situated. In such cases the following shall apply:
(a) 
The recorded plat shall contain a statement that the lot being created is not a buildable lot; and
(b) 
The lot is granted to the Town of East Greenwich or East Greenwich Municipal Land Trust as a passive or active recreational site for use in the furtherance of the policies of the East Greenwich Open Space and Recreation Plan (EGORP).
(3) 
All lots proposed for development shall meet the minimum buildable area standards of these regulations. (See Appendix B, Table 1.[1])
[1]
Editor's Note: Appendix B, Lot Design Standards, is attached to this chapter.
(4) 
There will be no significant adverse environmental impacts from the proposed development as shown on the final plan, with all required conditions for approval.
(5) 
The subdivision, as proposed, will not result in the creation of lots that due to environmental or physical limitations to development that construction or use would be impracticable. (See Appendix B, Lot Design Standards, and Definition Section; Minimum Buildable Area). Lots characterized as such may be allowable only as permanent open space or for passive natural or recreational purposes with notation of same made on the record plat [see § A263-8A(2)(b)].
(6) 
All proposed land developments and subdivision lots shall have adequate and permanent physical access to a public street. Lot frontage on a public street without the ability to physically access same shall not be allowed.
(7) 
Each subdivision shall make provisions for: safe circulation of pedestrians; bicycles and vehicular traffic; the adequate detention of surface water runoff and storm flow; building sites meeting the minimum buildable area requirements of these regulations; and preservation of natural, visual, historic or cultural features of the site and surrounding community.
(8) 
The design, location and construction of streets, building lots, utilities, drainage improvements and any other improvements in each subdivision shall not increase flooding or cause excessive soil erosion or sedimentation to occur.
B. 
Except for administrative subdivisions, findings of fact must be supported by legally competent evidence on the record which discloses the source and character of the observations upon which the fact-finders acted.
A. 
A minimum of one or more preapplication meetings shall be held for all major land development or subdivision applications. One preapplication meeting may be held for administrative subdivisions, upon request of the Town officials or the applicant. A minimum of one preapplication meeting shall be required for all minor subdivisions prior to submission of any application for minor subdivision review. Preapplication meetings shall allow the applicant to meet with appropriate Town officers, boards, commissions, planning staff for advice and guidance relative to the required steps in the approval process, review of local plans, ordinances, regulations, rules and procedures, and standards which may impact the proposed development project.
B. 
At the preapplication stage, the applicant may request an informal concept plan review for a development. The purpose of the concept plan review is also to provide Town professional staff and the Permitting Authority the opportunity for input during the formative stages of major subdivision and development concept design.
C. 
Applicants seeking a preapplication meeting or an informal concept review shall submit general, conceptual materials, an application, all required fees and information required by the Preapplication Checklist[1] 20 days in advance of the meeting(s).
[1]
Editor's Note: The Preapplication Checklist is attached to this chapter.
D. 
The purpose of preapplication meetings is to promote the sharing and discussion of project concepts among all participants. Preapplication discussions are intended to provide guidance to project applicants and do not constitute approval of the project or its constituent parts.
E. 
Provided that at least one preapplication meeting has been held for major land development or subdivision application or 60 days have elapsed from the filing of the preapplication submission and no preapplication meeting has been scheduled to occur within said 60 days, nothing shall be deemed to preclude an applicant from thereafter filing and proceeding with an application for a land development or subdivision project in accordance with § A263-10 of these regulations.
F. 
Preapplication Checklist. (Editor's Note: The Preapplication Checklist is attached to this chapter.)
A. 
Classification. The Administrative Officer shall advise the applicant as to which process steps and approvals are required and the appropriate body or board(s) for hearing an application for a land development or subdivision project. Applications fall into three classifications:
(1) 
Administrative subdivision;
(2) 
Minor subdivision or minor land development plan; and
(3) 
Major subdivision or major land development plan.
B. 
Certification of a complete application. An application shall be complete for purposes of commencing the applicable time frame for formal consideration upon certification by the Administrative Officer. Every certification of completeness required by this chapter shall be in writing. If such certification of the application is not made within the time specified in these regulations, the application shall be deemed complete for purposes of commencing the review period. This shall be the case unless the application lacks information required as specified in these regulations and the Administrative Officer has notified the applicant, in writing, of such deficiencies.
[Amended 12-9-2015]
C. 
Notwithstanding the above subsections, the Permitting Authority may require correction of any information found to be in error and/or submission of additional information specified in the regulations but not required by the Administrative Officer prior to certification.
D. 
Where review is postponed with the consent of the applicant, pending further information or revision of information, the time period for review shall be stayed and shall resume when the Administrative Officer or the Planning Board determines that the required application information is complete.
A. 
Any applicant requesting approval of an administrative subdivision shall submit a completed application form and required application fee to the Administrative Officer and all items in complete form as required by these regulations for such proposals. See Checklist I, Administrative Subdivisions.[1]
[1]
Editor's Note: Checklist I, Administrative Subdivisions, is attached to this chapter.
B. 
The application shall be certified, in writing, as complete or incomplete by the Administrative Officer within a fifteen-day period from the date of its submission.
[Amended 12-9-2015]
C. 
Review process.
(1) 
Within 15 days of certification of completeness, the Administrative Officer shall review the application and approve, deny or refer it to the Permitting Authority with analysis and recommendations. The Officer shall report his/her actions to the Permitting Authority at its next regular meeting, to be made part of the record.
(2) 
If no action is taken by the Administrative Officer within the 15 days, the application shall be placed on the agenda of the next regular Permitting Authority meeting.
D. 
If referred to the Permitting Authority, the Board shall consider the application and the recommendations of the Administrative Officer and shall either approve, approve with conditions, or deny the application within 65 days of certification of completeness. Failure of the Permitting Authority to act within the period prescribed shall constitute approval of the administrative subdivision plan. A certificate from the Administrative Officer as to the failure of the Permitting Authority to act within the required time and the resultant approval shall be issued on request of the applicant.
E. 
Denial of an application by the Administrative Officer shall not be appealable and will require the plan to be submitted as a minor subdivision application to the Permitting Authority.
F. 
Any approval of an administrative subdivision shall be evidenced by a written decision which shall be filed and posted in the office of the city or town clerk.
G. 
Approval of an administrative subdivision shall expire 90 days from the date of approval unless within such period a plat in conformity with such approval is submitted for signature and recording in accord with the standards of these regulations.
A. 
Review stages. Minor plan review shall consist of two principal stages, preliminary and final. If a street creation or extension is involved, a public hearing is required. The Permitting Authority, at its discretion, may combine the approval stages, providing all requirements for both stages have been met by the applicant to the satisfaction of the Administrative Officer.
B. 
Submission requirements. Any applicant requesting approval of a proposed minor subdivision or minor land development, as defined, shall submit to the Administrative Officer all items required for certification. (See Checklist II, Preliminary Plat: Minor Land Development and Minor Subdivisions, and Checklist III, Final Plat: Minor Land Development and Minor Subdivisions. A minimum of three sets of application shall be required.)
C. 
Certification. The application shall be certified, in writing, as complete or incomplete by the Administrative Officer within 25 days, or within 15 days if no street creation or extension is required according to the provisions of § A263-10. The running of the time period set forth herein shall be deemed stopped upon the issuance of a certificate of incompleteness of the application by the Administrative Officer and shall recommence upon the resubmission of a corrected application by the applicant; however, in no event shall the Administrative Officer be required to certify a corrected submission as complete or incomplete less than 14 days after its resubmission.
[Amended 12-9-2015]
D. 
The Administrative Officer and Town professional staff and/or Town boards shall review the complete application and forward analysis, comment and recommendations to the Permitting Authority. The plans shall also be forwarded to the Technical Review Committee for advisory review.
E. 
Technical Review Committee. The Technical Review Committee shall review all minor land development projects and subdivisions and forward its analysis and recommendations to the Permitting Authority.
F. 
Reassignment to major review. The Permitting Authority may reassign a proposed minor proposal to major review if its review does not result in positive findings required outlined in § A263-8A(1) through (8).
G. 
Decision. If no street creation or extension is required, the Permitting Authority shall approve, deny or approve with conditions the preliminary plan within 65 days of certification of completeness, or within such further time as is agreed to by the applicant and the reviewing body. If a street extension or creation is proposed, a public hearing shall be held prior to approval according to the requirements in § A263-20. The Permitting Authority shall approve, deny or approve with conditions the preliminary plan within 95 days of certification of completeness, or within such further time as is agreed to by the applicant and the Board.
H. 
Failure to act. Failure of the Permitting Authority to act within the period prescribed shall constitute approval of the preliminary plan, and a certificate of the Administrative Officer as to the failure of the Permitting Authority to act within the required time and the resulting approval shall be issued on request of the applicant.
I. 
Final plan. The Permitting Authority may delegate final plan review and approval to the Administrative Officer. The Officer shall report his actions, in writing, to the Permitting Authority at its next regular meeting, to be made part of the record.
[Amended 12-9-2015]
J. 
Vesting. Approval of a minor land development or subdivision plan shall expire 90 days from the date of approval unless, within such period, a plat or plan in conformity with such approval and as defined in this act is submitted for signature and recording into Town land evidence records. Approval may be extended for a longer period, if requested by the applicant in writing and approved by the Permitting Authority.
(Editor's Note: Checklist II, Preliminary Plat: Minor Land Development and Minor Subdivisions, is attached to this chapter.)
(Editor's Note: Checklist III, Final Plat: Minor Land Development and Minor Subdivisions, is attached to this chapter.)
A. 
Major plan review shall be required of all applications for land development and subdivision approval subject to these regulations, unless the proposal is classified as an administrative subdivision or as a minor land development or a minor subdivision.
B. 
Major plan review shall consist of three stages of review; these are: master plan, preliminary plan and final plan. These steps may commence only after the preapplication meetings referenced in § A263-9 have taken place. For this type of proposal a public informational meeting and a public hearing are required.
C. 
The Permitting Authority, at its discretion, may vote to combine review stages and to modify and/or waive requirements as specified in § A263-39. Review stages may be combined only after the Permitting Authority determines that all necessary requirements have been met by the applicant.
D. 
Review by the Technical Review Committee shall be required for all major land developments and major subdivisions. This review shall occur concurrently with the initial review referenced below in § A263-16A(3).
A. 
Requirements for submission.
(1) 
The applicant(s) shall first submit to the Administrative Officer the items required for master plans. (A minimum of seven sets shall be submitted for initial review by staff.)
(2) 
Requirements for the master plan and supporting material for this phase of review shall include, but not be limited to the information materials and supporting documents required on the Master Plan Checklist.[1]
[1]
Editor's Note: Checklist IV, Master Plan Checklist: Major Land Development and Major Subdivisions, is attached to this chapter.
(3) 
Initial review and comments shall be solicited by the Administrative Officer from the following: a) local agencies, including, but not limited to, the Planning Department, the Department of Public Works, Division of Wastewater Treatment, Fire Department and Police Department, Town Department of Public Works, Building Official, Tax Assessor, Tax Collector, Kent County Water Authority; b) adjacent communities; if applicable; c) state agencies, as appropriate, including the Departments of Environmental Management and Transportation. The Administrative Officer shall coordinate this review and comments by local officials, adjacent communities and other agencies.
[Amended 12-9-2015]
B. 
Certification. The application shall be certified, in writing, complete or incomplete by the Administrative Officer within 60 days of receipt. The running of the time period set forth herein will be deemed stopped upon the issuance of a 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 14 days after its resubmission.
[Amended 12-9-2015]
C. 
The Administrative Officer shall provide a coordinated review document and summary of staff recommendations to the Permitting Authority. The Administrative Officer shall also refer the proposal to the Technical Review Committee, which shall forward its review and recommendations to the Permitting Authority not less than 14 days prior to the hearing at which the proposal shall be considered.
D. 
Informational meeting. A public informational meeting shall be held prior to the Permitting Authority decision on the master plan, unless the master plan and preliminary plan approvals are being combined, in which case the public informational meeting shall be optional, based upon Permitting Authority's determination.
(1) 
Public notice for the informational meeting is required and shall appear in a newspaper of general circulation within the Town at least seven days prior to the meeting. The Administrative Officer shall instruct the Town Clerk to advertise same. Postcard notice shall be mailed by the applicant to all property owners within the notice area. A list of property owners within the notice area, certified by the Tax Assessor, shall be provided by the applicant to the Administrative Officer.
(2) 
At the public informational meeting, the applicant shall present the proposed development project. The Permitting Authority shall allow oral and written comments from the general public. All public comments shall be made part of the public record of the project application.
E. 
Decision. The Permitting Authority shall, within 120 days of certification of completeness, or within such further time as may be consented to by the applicant, approve of the master plan as submitted, approve with changes and/or conditions, or deny the application.
F. 
Failure to act. Failure of the Permitting Authority to act within the period prescribed shall constitute approval of the master plan. A certificate issued by the Administrative Officer regarding the failure of the Permitting Authority to act within the required time frame and the resulting approval shall be issued upon request of the applicant.
G. 
Vesting.
[Amended 12-9-2015]
(1) 
The approved master plan shall be vested for a period of two years, with a right to extend for two one-year extensions upon written request by the applicant, who must appear before the Permitting Authority for the annual review. Vesting may be extended for a longer period, for good cause, if requested by the applicant, in writing, and approved by the Permitting Authority. Master plan vesting shall include the zoning requirements, conceptual layout and all conditions shown on the approved master plan drawings and supporting materials.
(2) 
The initial four-year vesting for the approved master plan shall constitute the vested rights for the development.
(Editor's Note: Checklist IV, Master Plan Checklist: Major Land Development and Major Subdivisions, is attached to this chapter.)
A. 
Submission requirements.
(1) 
The applicant shall, as a first step, submit a completed application form and the required application fee to the Administrative Officer with the items required for preliminary plans.
(2) 
Requirements for the preliminary plan and supporting materials for this phase of the review shall include, but not be limited to, the information and materials required on the Preliminary Plan Checklist:[1] engineering plans depicting the existing site conditions; engineering plans depicting the proposed development project; a perimeter survey; all permits which may be required by state or federal agencies prior to commencement of construction, including permits related to freshwater wetlands, floodplains, preliminary suitability for individual septic disposal systems, public water systems, and connections to state roads.
[1]
Editor's Note: Checklist V, Preliminary Plat: Major Land Development and Major Subdivisions, is attached to this chapter.
(3) 
Final written comments on the preliminary plan. At the preliminary plan review phase, the Administrative Officer shall solicit final written comments and/or approvals of the Department of Public Works, the city or town engineer, the city or town solicitor, other local government departments, commissions or authorities, as appropriate.
(4) 
Prior to approval of the preliminary plan, copies of all legal documents describing the property, proposed easements and rights-of-way.
B. 
Certification. The application shall be certified as complete or incomplete by the Administrative Officer within 60 days, according to the provisions of the enabling act. The running time period set forth herein shall be deemed stopped upon the issuance of a certificate of incompleteness of the application by the Administrative Officer and shall recommence upon the resubmission of a corrected application by the applicant; however, in no event shall the Administrative Officer be required to certify a corrected submission as complete or incomplete less than 14 days after resubmission.
C. 
Technical Review Committee. The Technical Review Committee shall review the application and shall comment and make recommendations to the Permitting Authority prior to the date scheduled for the Permitting Authority meeting at which the application is to be considered.
D. 
Public hearing. Prior to the Permitting Authority's decision on the preliminary plan, a public hearing with notice must be held. A representative from the Town Solicitor's office shall be present at the public hearing.
E. 
Public improvement guarantees. Proposed arrangements for completion of the required public improvements, including construction schedule and type of proposed financial guarantees, shall be reviewed and approved by the Permitting Authority at preliminary plan approval hearing.
F. 
Decision. A complete application for a major subdivision or development plan shall be approved, approved with conditions, or denied within 120 days of the date when it is certified complete, or within such further time as may be consented to by the applicant.
G. 
Failure to act. If the Permitting Authority fails to act on the application within the period prescribed, such failure shall constitute approval of the preliminary plan. A certificate of the Administrative Officer as to the failure of the Permitting Authority to act within the required time and the resulting approval shall be issued on request of the applicant.
H. 
Vesting. The approved preliminary plan shall be vested for a period of one year and vesting may be extended for a longer period, for good cause shown, if requested in writing by the applicant and approved by the Permitting Authority. The vesting for the preliminary plan approval shall include all general and specific conditions as shown on the approved preliminary plan drawings and supporting material.
(Editor's Note: Checklist V, Preliminary Plat: Major Land Development and Major Subdivisions, is attached to this chapter.)
A. 
A public hearing shall be required for a major land development project or a major subdivision or where a street extension or creation requires a public hearing for a minor land development project or minor subdivision.
B. 
Notice requirements. Public notice of the hearing shall be given a minimum of 14 days prior to the date of the hearing in a newspaper of general circulation within the Town. In addition, notice shall be sent to the applicant and to each property owner of record within a two-hundred-foot radius of the subject property, by certified mail, return receipt requested, of the time and place of the hearing not less than 10 days prior to the date of the hearing. Notice shall also be sent to any individual or entity holding a recorded conservation or preservation restriction on the property that is the subject of the application. Mail notice shall include the street address of the subject property or, if no street address is available, the distance from the nearest existing intersection in tenths of a mile. The applicant shall advertise for the public hearing upon instruction from the Administrative Officer in writing.
[Amended 12-9-2015]
C. 
Notification area.
(1) 
Watersheds. Additional notice within watersheds shall also be sent as required in Rhode Island General Laws § 45-23-53(b) and (c).
(2) 
Adjacent municipalities. Notice of the public hearing shall be sent by the Administrative Officer to the administrative officer of an adjacent municipality if: a) the notice area extends into the adjacent municipality; or b) the development site extends into the adjacent municipality; or c) the Permitting Authority determines there may be a potential for significant negative impact on the adjacent municipality.
D. 
Notification cost. The cost(s) of such notice shall be borne in full by the applicant.
A. 
Submission requirements.
(1) 
The applicant shall submit to the Administrative Officer a final application package that contains all items required for final plans, as well as all material required by the Permitting Authority when the application was given preliminary approval.
(2) 
Arrangements for completion of the required public improvements, including construction schedule and/or financial guarantees.
(3) 
A certification statement from the East Greenwich Tax Collector that all property taxes are current.
(4) 
For projects proposed for phased construction, the final plan shall indicate the phase components.
B. 
Certification. The application for final plan approval shall be certified complete or incomplete by the Administrative Officer, in writing, within 25 days of submittal. This time period may be extended to 45 days by written notice from the Administrative Officer to the applicant where the final plans contain changes to or elements not included in the preliminary plan approval. The running of the time period set forth herein shall be deemed stopped upon the issuance of a certificate of incompleteness of the application by the Administrative Officer and shall recommence upon the resubmission of a corrected application by the applicant; however, in no event shall the Administrative Officer be required to certify a corrected submission as complete or incomplete less than 14 days after its resubmission. If the Administrative Officer certifies the application as complete and submission to the Permitting Authority is not required per the preliminary decision, the final plan shall be considered approved. In all cases, the final plan shall be signed by the Chair of the Planning Board, or by the Administrative Officer when final plan approval is delegated by the Planning Board to the Administrative Officer, prior to recording with the Town Clerk.
[Amended 12-9-2015]
C. 
Referral to the Permitting Authority. If the Administrative Officer determines that an application for final approval does not meet the requirements set by local regulations or by the Permitting Authority at preliminary approval, the Administrative Officer shall refer the final plans to the Permitting Authority for review and consideration. Within 45 days after the certification of completeness, or within such further time as may be consented to by the applicant, the authority shall approve or deny the final plan as submitted.
D. 
Failure to act. If the Permitting Authority fails to act within the period prescribed, such inaction shall constitute approval of the final plan. A certificate of the Administrative Officer as to the failure of the Permitting Authority to act within the required time and the resulting approval shall be issued on request of the applicant.
E. 
Recording. Approval of a major subdivision or land development project shall expire one year from the date of approval with the right to extend for one year upon written request by the applicant, who must appear before the Planning Board for the annual review, unless, within that period, the plat or plan shall have been submitted for signature and recording as specified in these regulations. Thereafter, the Permitting Authority may, for good cause shown, extend the period for recording for an additional period at its discretion.
[Amended 12-9-2015]
F. 
Acceptance of public improvements. Signature and recording as specified in § A263-41 shall constitute the acceptance by the Town of East Greenwich of any street, other public improvement or land intended for dedication. Final plan approval shall not impose any duty upon the municipality to maintain or improve those dedicated areas until the Town Council accepts the completed public improvements as constructed in compliance with the final plans as approved.
G. 
Validity of recorded plans. The final plan, once recorded, shall remain valid as the approved plan for the parcel unless and until an amendment to the plan is approved in accord with these regulations or a new plan is approved by the Permitting Authority.
(Editor's Note: Checklist VI, Final Plat: Major Land Development and Major Subdivisions, is attached to this chapter).
A. 
General requirements. In addition to the general purposes and provisions of these regulations, the Permitting Authority (or Administrative Officer in the case of an administrative subdivision) shall make positive findings on each of the standards listed below. These findings shall become part of the proposed project's record. Any negative finding relative to any of these standards shall constitute grounds for denial of the project design by the Permitting Authority or Administrative Officer.
B. 
Site design standards.
(1) 
Purpose. The purpose of good subdivision and site design is to create an efficient, functional and aesthetically pleasing development, to minimize adverse impacts, and to ensure that a project will be an asset to the Town. In this regard, land development projects and subdivisions shall conform to the following standards, which are designed to result in a well-planned community without adding unnecessarily to development costs.
(2) 
Site analysis. An analysis of the subdivision site and nearby areas shall be required for all major subdivisions. The scope and content of the required site analysis shall be discussed during the preapplication meeting and shall be presented by the subdivider during the master plan stage of review. A site analysis may also be required for minor subdivisions if the Permitting Authority finds that the proposed development may have a negative impact on the existing natural and built environment or would be inappropriate for the quality of life of the surrounding neighborhood. The site analysis shall address in graphic and written form the following characteristics of the subject parcel and immediate vicinity: site context/locus, geology and soil; agricultural lands, woodlands; surface water and wetland features; topography; habitat; ecology; existing vegetation; structures and road networks; visual features and past and present use of the site. Historic sites, archaeological features and cemeteries shall also be identified. Tree groves and significant specimens shall be identified on the plan of existing conditions.
(3) 
Subdivision design standards.
(a) 
The development design shall be compatible with the East Greenwich Comprehensive Community Plan and state guide plan and comprehensive plans for adjacent communities.
(b) 
Development of the site shall be based on the characteristics of the site and upon the site capacity analysis. Development shall be located to preserve and enhance outstanding natural features of the site, to avoid and buffer sensitive environmental areas, and to minimize negative impacts and/or alteration of natural, historic and cultural resources. Subdivision design should also preserve, to the maximum extent feasible, scenic values, viewsheds and scenic roadways.
(c) 
To the greatest extent practical, plans should be consistent with the reasonable utilization of land. The below-listed land forms and environmental features shall remain in an undeveloped or open space status:
[1] 
Land under water;
[2] 
Unique and/or fragile areas, including freshwater wetlands and coastal wetlands as defined in Title 2, Chapter 1, of the General Laws of Rhode Island;
[3] 
Lands in the floodplain or flood hazard areas as defined by the Federal Emergency Management Agency (FEMA) and Rhode Island Department of Environmental Management (RIDEM);
[4] 
Steep slopes in excess of 15% as measured over a ten-foot interval;
[5] 
Habitats of endangered wildlife, as defined by Rhode Island Department of Environmental Management or Federal Agencies;
[6] 
Historically significant structures and sites, as listed on federal or state or East Greenwich inventory of historic places;
[7] 
Significant archaeological sites as identified by the State Archeologist; and
[8] 
Significant trees or stands of trees or rare vegetative species.
(d) 
The development shall be designed in a manner to avoid adverse water impacts, especially in terms of protecting the Hunt River Aquifer drainage basin, wellhead and aquifer recharge area; to minimize cut and fill; to avoid unnecessary impervious cover, to prevent flooding, to provide adequate access to lots and sites; and to mitigate adverse effects of shadow, traffic, drainage and utilities on neighboring properties.
(4) 
Residential subdivision design standards.
(a) 
The Permitting Authority, at its discretion, may change street locations, lot configurations and dimensions, yards and setbacks. Such design alterations shall be made to achieve sound design principles, economy in the use of impervious surfaces and for environmental purposes.
(b) 
Residential lots shall front on local streets wherever possible. Lots fronting on state highways should be avoided.
(c) 
Every lot shall have sufficient access to it for emergency vehicles. Curb cuts shall be sited to avoid traffic conflicts.
(d) 
Building envelopes of dwelling units in residential developments shall take into consideration topography, building height, orientation, drainage and scenic values.
(e) 
Lots shall be designed to ensure to the maximum extent possible that the proposed buildings have adequate privacy from adjacent streets and uses.
(f) 
Vegetated buffer areas shall be required, as necessary, to protect adjacent uses from adverse impacts and to retain the functional habitat for wildlife by providing food, cover and nesting areas. The Permitting Authority shall determine the extent, location and size of such buffers and may designate such areas as "no-cut" buffers. Augmentation of natural vegetation to improve buffers may be required as needed and any supplemental planting shall be with native species.
[Amended 11-6-2013]
[1] 
Mowing existing Town-approved lawn within such buffers is permitted as is pruning of existing trees and shrubs.
[a] 
Pruning shall not involve removal of greater than 20% of existing limbs in any given year.
[b] 
Mowing shrub scrub vegetation, marsh vegetation, or forest understory vegetation is not permitted, and new areas of lawn cannot be created in the buffer.
[c] 
Even where locally permitted, alterations to regulated freshwater or coastal wetlands are not permitted without prior approval by RIDEM or CRMC, as required.
[d] 
Within buffer areas, no tree with a two-inch or greater caliper may be removed unless it is diseased, dying, invasive or considered a hazardous or dangerous tree. Evidence of such disease or hazard may be required from a licensed arborist or like professional. A replacement plan shall first be approved by the Zoning Enforcement Officer (ZEO) prior to removal and planting, except in case of emergency as addressed below in Subsection B(4)(f)[2].
[2] 
When vegetation, including invasive species, is removed in the buffer, it must be replaced with native species — at least three feet high for large shrub species and 18 inches high for small shrubs, and at least a two-inch caliper for trees.
[a] 
No more than 25% of trees planted as replacement shall be of any one species, and replacement trees must be staked, fertilized, mulched and watered as necessary to ensure survival.
[b] 
Dead trees do not require replacement, but any stump removal area should be stabilized with native ground cover or other native vegetation.
[c] 
Removal action made necessary by an emergency, such as windstorm, flood, freeze, utility damage, or other like disasters, in order to prevent imminent injury or damage to persons or property, must be reported to the ZEO within seven business days of the action and a replacement plan proposed.
(g) 
Lots shall conform to the minimum buildable standards outlined in Appendix B.[1]
[1]
Editor's Note: Appendix B, Lot Design Standards, is attached to this chapter.
(5) 
Industrial or commercial subdivision design standards. All industrial and commercial subdivisions shall be designed according to the same principles governing the design of residential developments; these being, that buildings shall be located in a manner that considers topography, avoids environmentally sensitive areas, with proper drainage facilities and surrounding land uses considered in siting buildings; sufficient access shall be provided and adverse impacts mitigated.
(6) 
Vehicular and pedestrian circulation system design.
(a) 
The road system shall be designed to allow the safe, efficient and orderly movement of traffic in an economical and logical manner that is respective of natural features and topography and to present an attractive streetscape and viewshed.
(b) 
For residential subdivisions, the road system shall be designed to serve neighborhood needs to accommodate service and public safety vehicles and to discourage use by through traffic.
(c) 
Pedestrian circulation systems shall be segregated from conflict with vehicular traffic. Sidewalks and paths shall be placed per the typical street cross sections, with exceptions permitted to preserve or enhance natural features. Walks and paths may be established away from the road system with permission of the Permitting Authority.
(7) 
Landscape design principles.
(a) 
Landscaped entranceways may be provided at subdivision accesses. The type and amount of landscaping, signage and other improvements shall be subject to review and approval of the Permitting Authority. Plans for same shall be submitted at the preliminary project stage.
(b) 
All plants or other landscaping material shall be compatible with the local climate and meet accepted nursery standards.
(c) 
Water conservation principles shall be utilized in subdivision and site development landscaping. Topsoil shall have a minimum of six inches of depth and shall have a composition and pH appropriate for the type of plant materials selected for the site. Irrigation requirements shall be minimized.
(8) 
Site lighting.
(a) 
Site lighting shall adhere to the "dark skies" principle and shall confine all exterior building, driveway and parking lot lighting to the site, not allowing light to adversely impact abutting properties or public ways. Light poles, bases, stanchions and luminaries shall not exceed 16 feet in height.
(b) 
Lighting design shall be of a style appropriate to the site and the building architecture while providing for adequate lighting for pedestrian and vehicular safety. Cobra-head-style lights are not allowed.
(9) 
Building architecture.
(a) 
The guiding principle of architectural design shall be the appropriateness of the massing, scale, materials and details of the building for the proposed use, the site, within the context of the neighboring properties and the general location, within the height limitations established by the Zoning Ordinance, and within the standards of review for buildings within the Historic District.
(b) 
The building shall utilize appropriate energy conservation measures in its design and construction, providing for solar gain, and allowing for solar access for adjacent properties.
(c) 
Rooftop building systems mechanical equipment, including but not limited to HVAC equipment and elevator equipment enclosures, shall be screened from view.
C. 
Land unsuitable for development.
(1) 
When designing the proposed use of any parcel, land included in all of the following categories shall be considered unsuitable for development and shall not be considered to contribute to the minimum building acreage of the parcel:
(a) 
Wetlands, water bodies (as defined by Rhode Island state law) and drainage facilities.
(b) 
All streets or rights-of-way.
(c) 
Easement areas for access, utility use or drainage.
(2) 
Land described in Subsection C(1)(a), (b) and (c) above may be included as part of any lot in any subdivision or land development project; however, such land may not be used to meet the minimum buildable area (MBA) standards of these regulations (see Appendix B).[2]
[2]
Editor's Note: Appendix B, Lot Design Standards, is attached to this chapter.
A. 
General. The subdivider, at his own expense, shall construct all improvements as required by the Permitting Authority in its decision granting approval for any subdivision or project subject to these regulations.
B. 
Street design standards. The following design standards shall be followed where applicable in the design and construction of any subdivision.
(1) 
Frontage on improved streets. All areas to be subdivided shall have frontage that meets the minimum requirements of the relevant zone on an existing improved Town street. If such street frontage is substandard to the specifications of these regulations or to the minimum engineering standards, the Permitting Authority may require the subdivider to improve the part of the street abutting or leading to the property being subdivided as necessary to ensure for proper drainage, promote public safety, or avoid adverse development impacts to the surrounding community.
(2) 
Street classification. Street design within a proposed subdivision shall conform to the street classification system discussed below. Rights-of-way and pavement width, curbing, parking, drainage, location of utilities, sidewalks, bicycle or walking paths and general road design standards shall be consistent with street function. All street classifications shall be established by the Permitting Authority. Streets shall fall within one of the following major categories:
(a) 
Arterial. A major public street that serves as an avenue for the circulation of traffic into, out of or around the Town and carries high volumes of traffic. All industrial and major commercial subdivision streets shall be classified as arterial and conform to such standards.
(b) 
Collector. A public street whose principal function is to carry traffic between local streets and arterial streets but that may also provide direct access to abutting properties. These streets provide a balance between land access and mobility.
(c) 
Local. Public streets whose primary function is to provide access to abutting properties.
(3) 
Street rights-of-way specifications. All street rights-of-way and road construction shall conform to the standards shown and specifications by type of street as noted and illustrated in Appendix C of these regulations. Figures I, II and III depict typical cross sections by street type proposed for acceptance and maintenance by the Town. Paving specifications for streets shall be in accord with Town Standards as noted in Appendix C.[1]
[1]
Editor's Note: Appendix C, Road Design, is attached to this chapter.
(4) 
Engineering standards. See Appendix C, Table 1.
(5) 
Street layout and arrangement. The arrangement of streets shall be considered in relation to existing Town streets and in relation to topographic and natural systems. The road system shall be designed: to allow for safe, efficient and orderly movement of traffic; to have a simple and logical circulation pattern; to respect natural features and topography; to improve the visual quality of the subdivision; to increase privacy and reduce unnecessary noise and traffic. Within residential subdivisions, the road system shall be designed to serve the needs of the neighborhood and not encourage use by through traffic. However, in major subdivisions, access shall be designed to avoid street systems which have only one principal means of egress. In order to provide for alternative access, at least two vehicular access streets may be required in major subdivisions when determined by the Permitting Authority to be feasible and appropriate. Proposed streets in major subdivisions shall provide for their continuation or projection to intersect with principal streets on the perimeter of the subdivision or with adjacent vacant property in order that the streets may be extended in the future.
(6) 
Private streets. Private streets shall be prohibited in all single-family residential developments.
(7) 
Culs-de-sac. All cul-de-sac streets shall end in a permanent turnaround constructed to the standards listed in Appendix C. Culs-de-sac shall not exceed 1,000 feet in length. Culs-de-sac shall have a minimum length consisting of the frontage required for the base zone in which the property lies plus the bulb itself. The "bulb" shall not provide frontage for more than three lots. This standard may be waived by the Permitting Authority to promote access to landlocked parcels, to allow for future connection to the existing road network in the Town or for other cause.
(8) 
Street names. An extension of an existing street shall have the same name as the existing street. Names of new streets shall be determined by the Town Council. Streets shown for proposed subdivisions that are not extensions of existing streets shall be referred to as Street "A," Street "B," etc.
(9) 
Access to adjoining properties. When it is considered desirable by the Permitting Authority to provide access to adjoining property, proposed streets shall be continued and improved to the property line. Access to adjacent parcels for pedestrian and/or bicycle circulation or promotion of the Town of East Greenwich Linear Park System shall be required wherever the Permitting Authority determines that such connection is in the interest of the community.
(10) 
Street signs. Street name and traffic control signs, constructed to Town of East Greenwich specifications, shall be installed by the developer at his/her expense.
(11) 
Streetlighting. In all subdivisions, utilities including provision for streetlighting shall be installed underground.
(12) 
Landscaping standards.
(a) 
Landscaping shall be provided as part of project plan and design. It shall be conceived in a total pattern throughout the site, integrating the various elements of a site design, preserving and enhancing the particular identity of the site and creating a pleasing site character. Landscaping and natural vegetative buffers shall be utilized to separate residential areas from major roadways, commercial and manufacturing areas.
(b) 
Landscaping may include plant materials such as trees, shrubs, ground covers, grass and flowers; other materials to be used may include rocks, planted berms, stone walls, paving materials, planters and signage. Areas which may be required to provide landscaping or screening shall include, but not be limited to, the following:
[1] 
Drainage facilities, such as retention/detention basins or drainage swales;
[2] 
Subdivision entranceways;
[3] 
Open space/natural areas;
[4] 
Recreational facilities;
[5] 
Buffers; and
[6] 
Areas subject to regrading or stabilization for soil erosion and sediment control purposes.
(c) 
Landscape plan. A landscape plan prepared by a registered landscape architect shall be submitted to the Permitting Authority when it is determined that: a) existing landscaping is insufficient; b) the site of the proposed subdivision requires restoration; or c) adding landscaping would enhance the visual aspect of the area or would preserve existing outstanding landscape features. If submittal of a landscape plan is required, the applicant shall be advised of this requirement at the preliminary review stage of an administrative or minor subdivision and at the master plan stage of a major subdivision. The plan shall identify existing and proposed trees, stone walls and rock outcroppings; signs; proposed grading at two-foot intervals; lighting and other proposed landscaping elements. The plan shall indicate the location of all proposed landscaping and shall include construction details. A planting schedule shall be included to indicate proposed planting by species, size at time of planting, and maintenance requirements. Where existing plantings are to be retained, the plan shall indicate methods for protecting during construction.
(13) 
Monuments/bounds. Monuments or bounds (granite or concrete boundary markers) shall be of the type approved by the Town and paid for by the developer and placed by a registered land surveyor as approved by the Permitting Authority. Monuments shall be set with the finished grade at the right of-way and may be required to be raised at other locations.
(14) 
Sidewalks. Sidewalks may be required to be installed on one or both sides of all proposed new public streets in subdivisions and in all multifamily developments. This requirement may be waived for cul-de-sac streets serving five or fewer lots or dwellings or if the Permitting Authority determines such waivers appropriate. Sidewalk construction shall be in conformity with the standards outlined in Appendix C. The Permitting Authority may require that sidewalks be connected to existing sidewalks on collector or arterial roads abutting the subdivision.
(15) 
Bicycle paths. Bicycle paths shall be incorporated into the proposed subdivision where necessary to extend an existing bicycle path, to intersect with proposed state or Town bicycle facilities, or to connect adjacent subdivisions, schools or recreation areas.
(16) 
Curbing. Concrete curbing, meeting RIDOT Standard 7.11, or granite curbing, meeting RIDOT Standard 7.51, shall be installed on all proposed streets.
(17) 
Curbing at intersection fillet curves. Precast concrete wheelchair ramp curbs meeting RIDOT Standard 7.19 shall be installed in conformity with requirements of the Rhode Island Americans with Disabilities Act.
C. 
Easements.
(1) 
In general. All easements shall be appropriately marked with monuments.
(2) 
For watercourses. Where a subdivision is traversed by a watercourse, drainageway, channel or stream, a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse shall be provided, together with access strips; such right-of-way or public utility easement shall be shown on the drainage plan and on the final plan with proper bearings and distances indicated.
(3) 
For sanitary sewers. Easements shall be provided for sanitary sewers where they are anticipated. The Permitting Authority shall determine the locations and widths of such easements.
(4) 
For storm drains and drainage channels. Easements through lots for drainage channels and storm drains shall be provided. Whenever possible, they shall be located along lot lines and shall be at least 20 feet in width. Access easements shall be provided where such facilities are remote from streets or where conditions exist that require ramps for maintenance vehicles.
(5) 
For street widenings. Where a subdivision abuts an existing substandard Town street, the Permitting Authority may require the subdivider to convey land to the Town to enable such street to be widened.
(6) 
Frenchtown Brook. Whenever Frenchtown Brook passes through any subdivision, between Saw Mill Pond on Frenchtown Road and the East Greenwich/West Greenwich town line, the developer shall transfer and convey to the Town of East Greenwich a fifty-foot-wide easement along each side of and abutting the mean high-water bank of Frenchtown Brook, and such easement shall provide for public access and use of the land area along said brook and be described in the easement for passive recreation.
(7) 
Sight distance easements. Where deemed necessary by the Permitting Authority to establish adequate sight distances for vehicular traffic, the dedication of an easement to the Town may be required which would prohibit the erection or maintenance of any visual obstruction such as structure, tree, shrub, wall, earthen embankment or other obstruction.
(8) 
Bicycle or pedestrian access easements. Bicycle and pedestrian access shall be provided where required on a separate strip of land dedicated to the Town or on an easement having a minimum width of 10 feet to 20 feet, depending upon location.
(9) 
Other easements. All other required easements shall be of sufficient width and area to serve their intended purpose.
D. 
Lot configuration. The Permitting Authority and/or Administrative Officer shall have the right to reject or require modification to lots which are shaped or configured in such a manner as to conflict with the use of the land for the intended purposes. The Permitting Authority or Administrative Officer may require changes or modification to the proposed layout as deemed necessary to achieve the purposes of these regulations (see Appendix B).[2]
[2]
Editor's Note: Appendix B, Lot Design Standards, is attached to this chapter.
E. 
Stormwater drainage systems and plans.
(1) 
Stormwater drainage systems.
(a) 
All proposed subdivisions shall make adequate provision to properly contain and handle storm flow generated by the project. All drainage systems shall be designed in accord with Rhode Island Department of Environmental Management regulations and to the standards of the Town of East Greenwich. The drainage system may be comprised of natural and man-made elements. These may include grass swales, retention and detention basins, curbs. Applicants are encouraged to incorporate natural elements into the drainage design wherever possible and feasible. All drainage structures shall be in conformance with the accepted state RIDOT standards or Town-approved equals.
(b) 
Drainage plans and drainage calculations shall be prepared by a registered professional engineer. The stormwater drainage calculations, runoff rates and system design shall be based on the application of the appropriate method, as follows:
[1] 
The Rational Method. This method is the preferred method for small systems of three acres or less, where no wetlands, ponds or other storage depressions are present, and where drainage is toward the point of analysis.
[2] 
TR-55. This is the preferred method for calculating runoff volumes, peak discharge rate, and flood storage requirements for site development over three acres.
(2) 
All drainage plans and drainage calculations shall provide the following information:
(a) 
An estimate of the quantity of stormwater surface runoff currently flowing from the land proposed to be subdivided compared to storm flow which would be generated by the proposed subdivision. (To be calculated on the basis of a twenty-five-year frequency rainfall.)
(b) 
An estimate of the quantity of stormwater surface runoff entering the subdivision naturally from upstream areas within the watershed under present conditions calculated on the basis of a twenty-five-year frequency rainfall.
(c) 
An analysis of the capability of existing watercourses, catch basins, culverts and other drainage facilities within the land proposed to be subdivided to handle the runoff as calculated above and proposals to handle such surface runoff. Design criteria for drainage improvements shall conform to the State of Rhode Island specifications cited above as may be modified by the Town of East Greenwich Department of Public Works. Culvert and storm sewers shall be designed for a twenty-five-year frequency rainfall (one-hundred-year frequency in a special flood hazard zone), with a minimum pipe size of 12 inches so that the minimum velocity shall not be less than three feet per second calculated for the ten-year design storm.
(d) 
Proposals for disposal of surface runoff downstream from the subdivision in a manner that will not damage off-site property, natural features or existing drainage structures and facilities.
(e) 
The drainage plan shall further indicate how the following specific requirements will be met:
[1] 
That each lot will be adequately drained;
[2] 
That natural drainage patterns will be maintained whenever possible;
[3] 
That all existing watercourses will be left open, unless approval to enclose is granted by Rhode Island Department of Environmental Management and the Town of East Greenwich;
[4] 
That all new open watercourses will be properly stabilized using vegetation or stone, depending on soil conditions and grades;
[5] 
That a continuous drainage system will be installed and connected to a natural or man-made watercourse or to an existing piped storm drainage system. The ultimate destination of such continuous drainage shall be a permanent natural body of water or wetland. Where the Permitting Authority determines that such ultimate destination is impractical, the Board shall require the construction of a retention area capable of accommodating proposed stormwater volumes based on a one-hundred-year frequency rainfall;
[6] 
When any part of the drainage system is sited outside the public street right-of-way, provisions for future access to and maintenance of same shall be approved by the Town Council;
[7] 
That any necessary easements to off-street watercourses will be obtained by the subdivider and approved by the Town Solicitor; and
[8] 
Where volume velocity of the surface runoff is high, the flow thereof shall be controlled by riprap, sedimentation basins, flow spreaders or other applicable devices and/or techniques as recommended in the Rhode Island Soil Erosion and Sediment Control Handbook.
(f) 
The proposed drainage system shall be designed to accommodate stormwater such that post-construction conditions do not result in peak runoff increases in rate from preconstruction conditions.
F. 
Utilities.
(1) 
Sanitary sewers. Sanitary sewers shall be required in all subdivisions and land development projects where such sewer service is available to or may be extended to the site in a cost-effective manner.
(2) 
Water service. Water service, where available, shall be provided for each lot in accordance with the requirements of the Kent County Water Authority. The Permitting Authority may require the extension of service to a proposed subdivision when such extensions are possible and could be extended. Dry capped lines may be required for developments that may have future access to service due to capital improvements made by the Kent County Water Authority.
(3) 
Gaslines. Natural-gas lines may be installed in any subdivision or land development project at the discretion of the subdivider. If proposed, gaslines shall be located on the opposite side of the street from the waterline or as required by the utility.
(4) 
Other utilities (electric, telephone and cable TV). All electric, communication (telephone, fire alarm and cable TV) and streetlighting lines shall be installed underground. Such utilities shall be installed to the specifications of the appropriate utility.
(5) 
Fire hydrants. Fire hydrants shall be installed in all subdivisions where public water supply systems are installed. Hydrant type, location and spacing shall meet the minimum requirements of the East Greenwich Fire Department.
Amended 12-9-2015]
G. 
Erosion and sediment control plan permit(s). A soil erosion and sedimentation control plan and permit application shall be submitted for all applications meeting the threshold requirements as listed in Chapter 207 of the Town of East Greenwich Code. Such plan shall meet the standards of the Code.
H. 
Requirements for off-site improvements.
(1) 
Purpose. This section is intended to ensure that subdividers provide off-site infrastructure improvements in order to mitigate the impacts which are directly attributable to the new development. Such improvements may be required by the Permitting Authority if the Board finds that there is a reasonable relationship between the requested improvement and the proposed new development. Off-site improvements may include but not be limited to the following categories:
(a) 
Sanitary sewer systems extension.
(b) 
Water supply systems extension.
(c) 
Roads.
(d) 
Sidewalks.
(e) 
Bicycle paths and pedestrian improvements.
(f) 
Drainage systems.
(g) 
Public safety improvements.
(2) 
Definition, criteria and principles. As a condition of final approval, the Permitting Authority may require a subdivider to construct such improvements that are reasonable and necessary to mitigate impacts relating to the land being subdivided. Necessary improvements are those that directly and substantially relate to the subdivision or land development being proposed. The Permitting Authority shall provide in its resolution of final approval a finding that forms the basis for such off-site improvements. The finding shall be that a significant adverse impact on existing conditions will result if the off-site improvements are not constructed. The mitigation required as a condition of approval must relate to the significance of the identified impact. Required off-site improvements must be consistent with the character defined for the affected neighborhood in the Comprehensive Community Plan or address a particular situation or problem that is raised and discussed during the consideration of the project.
A. 
Definition and purpose.
(1) 
The purpose of this section is to provide a guarantee to the Town that the required improvements will be constructed.
(2) 
An improvement guarantee is a security instrument in a form that is acceptable to the Town to ensure that all improvements, facilities or work required as a condition of approval of a subdivision plan will be completed in conformity with the approved plans and specifications.
(3) 
Improvement guarantees shall be provided to ensure the proper installation and maintenance of required street, utility and other physical improvements and to ensure compliance with other conditions of final plat approval.
B. 
General procedures. Before any land development or subdivision plan is endorsed by the Permitting Authority, and before the recording of any subdivision plat, the Permitting Authority shall review and approve agreements for the completion of all required improvements. Such agreements shall, at the option of the subdivider, take the form of: 1) completion of actual construction of all improvements; 2) improvement guarantees; or 3) a combination thereof. At the preliminary plat review stage, the subdivider shall submit either of the following: 1) a letter to the Permitting Authority indicating his/her intent to complete the required improvements prior to the Permitting Authority's endorsement of the final plat; or 2) a letter requesting that security sufficient to cover the cost of required improvements be established by the Board,
(1) 
If improvements are to be constructed without a financial guarantee, all work shall be completed prior to endorsement and recording. Inspections shall be made by the Public Works Department at all required stages of construction as specified in § A263-24 above. Written inspection reports shall be prepared by the inspector(s) and maintained by the Department of Public Works. All inspection reports shall be submitted to the Administrative Officer. An inspection fee equal to 2% of the estimated cost of construction for all public improvements as determined by Public Works Director shall be paid to the Finance Director prior to construction. All construction shall be inspected and approved by the Public Works Director under the direction of the Administrative Officer and according to the procedures in § A263-24. Upon completion of all required improvements, the Public Works Director shall notify, in writing to the Administrative Officer, of such completion, and a copy shall be provided to the subdivider upon request. The final plat shall be endorsed by the appropriate Permitting Authority member or Administrative Officer, and the plat shall be recorded as provided in § A263-40, at which time the lots within the subdivision may be transferred or sold. The applicant shall be required to post a bond in the amount of 10% of the construction estimate prior to acceptance of all required improvements by the Town. Such bond shall be held by the Town Finance Director for a period of one year to be released upon written request of the applicant following final inspection by Public Works and acceptance of the required improvements by the Town Council with the approval of the Planning Board.
(2) 
If improvements are to be guaranteed, the below-listed procedures shall apply.
C. 
Procedures for financial guarantees.
(1) 
Amount. All improvement guarantees shall be of sufficient amount to insure the actual construction and complete installation of all of the required improvements and the satisfactory completion of all conditions of final approval within the time periods required for completion provided in said approval. The amount shall be based upon actual cost estimates which would be required for the Town to complete all improvements. These estimates shall be prepared by the Department of Public Works and forwarded to the Administrative Officer. In the event the subdivider disagrees with the estimated amount, he/she shall have the opportunity to submit a revised estimate along with supporting justification for the revisions. The Permitting Authority may set the guarantee in a reasonable amount in excess of the estimated costs in order to anticipate for increases in economic or construction costs. However, the amount of such increase shall not exceed more than 20% over the total estimated cost of improvements. At the expiration of the final plan approval period, if all required improvements are not complete the Permitting Authority Board shall review the status of improvements and may: a) require the subdivider to extend the duration of the entire improvement guarantee; b) reduce the amount of the improvement guarantee to reflect the estimated costs of completed improvements; or c) authorize the Administrative Officer to take the steps necessary to ensure completion of the remaining work by using improvement guarantee funds. If during the guarantee period the procedures, implementation measures, methods, materials, and/or schedules of construction are determined by the Permitting Authority not to be in compliance with the approved plans, the Town may, after notification to the developer, authorize the use of improvement guarantee funds to insure proper compliance.
(2) 
Required form. The security shall be in the form of a financial instrument acceptable to the Finance Director and Town Solicitor and shall enable the Town to gain timely access to the secured funds when necessary. Performance and maintenance guarantees may consist of, but not be limited to, the following forms:
(a) 
Security bond. The subdivider may obtain a security bond from a surety bonding company authorized to do business in the State of Rhode Island.
(b) 
Letter of credit. The subdivider may submit to the Town an irrevocable letter of credit from a bank or other recognized institution that names the Town of East Greenwich as loss payee.
(c) 
Escrow account. The subdivider may deposit cash, or other instruments readily convertible into cash at face value, either with the Town or in escrow with a bank with the Town controlling access to same.
(3) 
Releases/reductions. At the expiration of the final plan approval period, if all required improvements are complete, any improvement guarantee shall be returned to the subdivider. Partial releases or reductions in the guarantee amount may also be authorized at any time prior to the expiration of final approval. A written request for release or reduction of any improvement guarantees shall be made to the Administrative Officer. After inspection of all required improvements, the Administrative Officer shall recommend that the Town Council: a) authorize the Finance Director to return all improvement guarantees; b) reduce the guarantee to reflect the estimated cost of completed improvements; or c) make no release or reductions.
(4) 
"As-built" plans.
(a) 
Within 30 days after the completion of all public improvements, the developer shall submit final "as-built" plans (two sets), and an electronic copy thereof in the most current release of AutoCAD®, which shall contain:
[1] 
All of the information required on the final plan and decisions on the proposal;
[2] 
Exact locations, as installed, of all:
[a] 
Sidewalks and streets.
[b] 
Monuments, bounds and other survey marks.
[c] 
Water, sewer, gas and drainage pipes and easements.
[d] 
Other underground utilities, if any, and the location of all aboveground fixtures.
[e] 
Any other public improvements.
[f] 
Open space areas, recreation sites or reserved areas.
(b) 
The cost of preparing the as-built plans required by this section shall be included in the bond amounts.
(5) 
Phased subdivisions. For subdivisions which are approved and constructed in phases, the Permitting Authority shall specify improvement guarantees related to each particular phase. If any off-site improvements or other improvements or conditions which are not directly related to a particular phase are required as a condition of approval, the Authority shall, in setting the guarantee amount for each phase, clearly specify when and where guarantees are to be provided.
(6) 
Maintenance guarantees. The Permitting Authority may also require that a maintenance guarantee be provided by the subdivider for all improvements which are being dedicated to the Town. The amount of the maintenance guarantee shall be 5% of the original performance bond or other original guarantee amount. Absent such a guarantee, 5% of the total estimated cost of all required improvements shall be required. The initial period for such maintenance guarantee shall be one year. At the end of the one-year maintenance period, the Director of Public Works shall inspect all improvements subject to the guarantee and shall certify in writing to the Administrative Officer as to their condition. If found to be unacceptable, the Administrative Officer shall recommend an extension of the guarantee period to the Finance Director, and the original funds shall not be returned to the subdivider. If public improvements are in good condition and have not been damaged due to the fault of the subdivider, or through faulty workmanship or design, the maintenance guarantee shall be returned to the subdivider. In cases where it is determined there are extenuating circumstances, the maintenance period may be established for a period longer than one year. The rationale for establishing a longer maintenance period and the nature of the circumstances requiring same shall be made a part of the record.
(7) 
Acceptance of improvements.
(a) 
Upon completion of all required improvements, the subdivider shall convey all public improvements to the Town for ownership and maintenance. Before conveyance, the applicant shall first request the Department of Public Works to conduct a final inspection of all improvements. The Director of Public Works shall certify to the Administrative Officer, in writing, that all required improvements have been satisfactorily completed.
(b) 
The applicant shall also request, in writing to the Administrative Officer, that public improvements, streets, land easements or other facilities be accepted by the Town.
(c) 
This request shall contain a description of all facilities to be accepted and shall be accompanied by an accurate description of all streets, easements, land or other facilities by metes and bounds and by reference to the final plat drawing(s) and by a warranty deed transferring ownership to the Town and describing any special conditions or other requirements.
(d) 
Upon certification of completion of all required improvements, and upon receipt of all required information from the applicant, the Administrative Officer shall place the request for acceptance upon the next available agenda of the Town Council. In such recommendation for acceptance by the Town Council, the Administrative Officer shall also recommend an amount for a maintenance bond in accordance with these regulations and shall recommend to the Town Council that no public improvements or facilities be accepted for ownership and maintenance until the maintenance bond has been submitted as required above.
(e) 
Upon their acceptance by the Town Council, all improvements shall be permanently owned and maintained by the Town as part of the municipal system, and the subdivider shall be no longer responsible for the repair or maintenance of these improvements.
(f) 
Private streets and other private improvements shall not be conveyed to the Town.
A. 
Subdivider must provide open space. The Permitting Authority shall require all land developments and subdivisions subject to the provisions of these regulations to dedicate a portion of the land being subdivided for the purpose of providing open space, conservation, park and recreational facilities to serve present and future residents. The Permitting Authority may, at its discretion, require the payment of a fee in lieu of land dedication or a combination of land dedication and payment of a fee as an alternative to the dedication of land.
B. 
Relationship to EGORP. The requirement for dedication of land for open space, conservation, park and recreation facilities shall be based upon the policies and standards set forth in the East Greenwich Open Space and Recreation Plan (EGORP) and shall reflect the character defined for the neighborhood or district in which the subdivision is located. The land dedication must be suitable for the intended use. Land dedications proposed for park and recreation land shall be entirely usable land, not containing any land that is constrained for its intended use for development. If payments in lieu of land dedication are required, they shall be kept in a restricted account and shall only be spent for the intended purpose of providing open space, conservation, park and recreational facilities.
C. 
Amount of land to be dedicated. Conveyances of land for recreational impact shall be in an amount that will be suitable to the intended use of same. As a general guide, such conveyances shall be minimally at the ratio of one acre for each 20 lots for all zones requiring minimum lot sizes of one acre or less or two acres for subdivisions in all other zones. For subdivision of less than 20 lots, the Permitting Authority requirements for recreation impact shall be tailored to the circumstances and location of the proposal. In general, if a parcel that is suitable and useful for recreational purposes cannot be accommodated, a fee in lieu of land donation shall be preferred. In addition the nature, location and amount of land to be conveyed must be satisfactory to the Permitting Authority and determined appropriate by the Town Manager for the proposed use.
D. 
Ownership of land. Land dedications required by this section may be made by transfer of fee simple ownership to any of the following:
(1) 
The Town of East Greenwich.
(2) 
A private homeowners' association.
(3) 
The East Greenwich Land Trust.
E. 
Condition of land. The Permitting Authority in requiring the donation of land for recreational purposes may also require that such land be cleared and rough-graded by the developer. In addition, the installation by the developer of signage denoting the intended future use of the land may be a condition of approval.
F. 
Fees in lieu of land dedication. Where a fee is required by the Permitting Authority to be paid in lieu of land dedication, the amount of such fee shall be based upon the Code of Ordinances Chapter 93, Article II, Development Impact Fees. The determination to require a fee in lieu of land donation shall rest entirely with the Permitting Authority.
A. 
When a major land development or major subdivision is submitted for master plan approval, the Permitting Authority shall review the existence and adequacy of existing and proposed improvements, services and facilities which may be affected by the proposed development. If the Permitting Authority determines that such improvements, services, infrastructure and facilities will not be adequate to serve the residents of the subdivision or development at the time of recording of the plat, the Permitting Authority shall have the authority to establish a rate of development of the entire subdivision by requiring it to be built in phases and/or placing limits on the issuance of building permits over a specified time period, thereby relating the rate of development to the ability of the Town to provide the required services to the residents of the subdivision or development.
B. 
For all master plan approval applications, the applicant shall submit a copy of the master plan narrative report for review and comment to all relevant Town and other agencies and relevant utilities. Each agency notified by the applicant shall be requested to provide its comments on the application by the Administrative Officer. All comments shall be received from each agency prior to the date of the informational meeting. If the public informational meeting on the master plan and the public hearing on the preliminary plan are combined, all comments from reviewing agencies shall be received prior to the date of the public hearing.
C. 
Each department, agency or utility to which such a request for comments is made shall provide to the Administrative Officer written comments and any supplementary material requested which describes:
(1) 
An estimate of the impact of the subdivision on the facilities and/or services provided by the department or agency;
(2) 
A determination as to the adequacy of existing facilities and/or services relative to the anticipated subdivision's residents;
(3) 
A discussion as to whether plans for the required improvements to existing facilities and/or services are included in the department or agency's capital improvement program;
(4) 
A time line for provision of such improvements to existing facilities and/or services.
D. 
Upon consideration of the responses received from the various departments and agencies, the Permitting Authority shall establish, at the time of master plan approval, a rate of development of the entire subdivision or development that will permit residential construction only when improvements, services and facilities will be adequate to serve the residents of the subdivision or development. As part of such growth rate plan, the Permitting Authority may require that improvements be installed or lots sold in two or more phases.
E. 
If phasing is required, the Permitting Authority shall approve the entire master plan first. Thereafter, the applicant shall be required to submit plans for preliminary and/or final review and/or approval indicating the development of the entire site in two or more phases as required above. In such review and approval, the Authority may, in its discretion, impose conditions for determining the physical limits of phases, for allowing progression to additional phases, for allowing two or more phases to proceed in review or construction simultaneously, for interim public improvements or construction conditions, for changes to master or preliminary plans, and may include other provisions as needed, including the applicant actually providing the necessary improvements or payment to a dedicated restricted account in lieu of actual provision.
F. 
The master plan documents shall contain information on the physical limits of the phases, the schedule and sequence of public improvement installation, improvement guarantees, and the work and completion schedules for approvals and construction of the phases.
G. 
Vesting of phased projects. The master plan shall remain vested as long as it can be demonstrated, to the satisfaction of the Permitting Authority, that work is proceeding on either the approval stages or on the construction of the development as shown in the approved master plan documents. Vesting shall extend to all information contained in the approved master plan and related documents.
A. 
The Permitting Authority, as authorized by the enabling statute and Town Charter, shall adopt, amend or repeal and provide for the administration, interpretation, and enforcement of land development and subdivision review regulations.
[Amended 12-9-2015]
A. 
These regulations shall not be adopted, repealed or amended until after a public hearing has been held relative to same by the Permitting Authority. The Authority shall first give notice of the public hearing by publication of notice in a newspaper of general circulation within the municipality at least once each week for three successive weeks prior to the date of the hearing, which may include the week in which the hearing is to be held. At this hearing, opportunity shall be given to all persons interested to be heard upon the matter of the proposed regulations. Written notice, which may be a copy of the newspaper notice, shall be mailed to the Associate Director of the Division of Planning of the Rhode Island Department of Administration at least two weeks prior to the hearing. Advertising shall be conducted by the Town Clerk upon written request of the Administrative Officer. The newspaper notice shall be published as a display advertisement, using a type size at least as large as the normal type size used by the newspaper in its news articles, and shall:
(1) 
Specify the place of said hearing and the date and time of its commencement;
(2) 
Indicate that adoption, amendment or repeal of local regulations is under consideration;
(3) 
Contain a statement of the proposed amendments to the regulations that may be printed once in its entirety or which may summarize or describe the matter under consideration as long as the intent and effect of the proposed regulation is expressly written in that notice;
(4) 
Advise those interested where and when a copy of the matter under consideration may be obtained or examined and copied; and
(5) 
State that the proposals shown thereon may be altered or amended prior to the close of the public hearing without further advertising as a result of further study or because of the views expressed at the public hearing. Any such alteration or amendment must be presented for comment in the course of said hearing.
B. 
Notice of the public hearing shall be sent by first-class mail to the city or town planning board of any municipality where there is a public or quasi-public water source or private water source that is used or is suitable for use as a public water source located within 2,000 feet of the East Greenwich municipal boundaries.
C. 
Notice of a public hearing shall be sent to the governing body of any state or municipal water department or agency, special water district, or private water company that has riparian rights to a surface water resource and/or surface watershed that is used or is suitable for use as a public water source located within either the municipality or within 2,000 feet of the East Greenwich municipal boundaries; provided, however, that a map survey has been filed with the Building Official as specified in R.I.G.L. § 45-24-53(e).
D. 
Notwithstanding any of the requirements set forth in Subsections A through C above, each municipality shall establish and maintain a public notice registry allowing any person or entity to register for electronic notice of any changes to the local regulations. Municipalities shall annually provide public notice of existence of said registry by publication of notice in a newspaper of general circulation within the municipality. In addition, each municipality is hereby encouraged to provide public notice of the existence of the public notice registry in all of its current and future communications with the public, including, but not limited to, governmental websites, electronic newsletters, public bulletins, press releases, and all other means the municipality may use to impart information to the local community.
(1) 
Provided, however, notice pursuant to a public notice registry as per this section does not alone qualify a person or entity on the public notice registry as an "aggrieved party" under R.I.G.L. § 45-24-31(4).
E. 
No defect in the form of any notice under this section shall render any regulations invalid, unless such defect is found to be intentional or misleading.
F. 
The above requirements are to be construed as minimum requirements.
A. 
Printed copies of these regulations shall be available to the general public and shall be revised to include all amendments. Any appendixes shall also be available. Costs for such copies shall be established by the Town Council.
B. 
Upon publication of these regulations and/or amendments to same, the Town Clerk shall send a copy to the Rhode Island Department of Administration's statewide planning program and to the State Law Library.
[Amended 12-9-2015]
A. 
Administration. Administration of these Subdivision and Land Development Regulations shall be under the direction of the Administrative Officer. The Town Planner is hereby designated as the Administrative Officer.
B. 
Duties and responsibilities. In addition to the duties in R.I.G.L. § 45-23-55, the duties and responsibilities of the Administrative Officer shall include, but not be limited to, the following:
[Amended 12-9-2015]
(1) 
General coordination of the review, approval, recording and enforcement of the provisions of these regulations, including coordinating the enforcement efforts of the Zoning Enforcement Officer, the Building Official, the Planning Department staff, the Department of Public Works, the Town Engineer, and other local officials responsible for the enforcement or carrying out of the discrete elements of the regulations.
(2) 
Coordination of the review and approval procedures for subdivisions and land development projects with adjacent municipalities as is necessary to be consistent with applicable federal, state and local laws as directed by the Permitting Authority.
The Town Zoning Board of Review shall serve as the Board of Appeal to hear appeals of decisions of the Permitting Authority or the Administrative Officer on matters of review and approval of land development and subdivision projects.
A. 
The Planning Board shall set reasonable fees, in an amount not to exceed actual costs incurred, to be paid by the applicant for the review and hearing of applications, issuance of permits and recording of decisions. These fees, payable to the Town of East Greenwich, shall be due and payable at the stages established in these regulations and shall pertain to all subdivisions of land and development projects, as follows:
(1) 
Preapplication conference review fee: $225, plus $15 for each acre or fraction thereof, which shall be computed to include all streets, easements and land to be conveyed to the Town covered by the proposed land development or subdivision.
(2) 
Master plan review fee: $325, plus $20 for each acre or fraction thereof, which shall be computed to include all streets, easements and land to be conveyed to the Town covered by the proposed land development or subdivision. The applicant shall also bear the costs associated with abutter notification and advertising for the master plan public informational meeting.
(3) 
Preliminary plan review fee: $425, plus $25 for each acre or fraction thereof, which shall be computed to include all streets, easements and land to be conveyed to the Town covered by the proposed land development or subdivision. The applicant shall also bear the costs associated with abutter notification and advertising for the preliminary plan public hearing.
(4) 
Final plan review fee: $225, plus $15 for each acre or fraction thereof, which shall be computed to include all streets, easements and land to be conveyed to the Town covered by the proposed land development or subdivision.
(5) 
Administrative subdivision fee: $100.
(6) 
Request for extension, amendment or reinstatement of an approved plan: $100.
B. 
All fees shall be submitted in the form of a check payable to the Town of East Greenwich at the time application is made.
C. 
Peer review. To protect the public health, safety and welfare, the Planning Board may require peer review of expert witness reports and testimony on behalf of applicants. A list of peers and their fees shall be maintained by the Town for selection by the Town, and the cost of peer review shall be borne by the applicant. All costs associated with peer review shall be paid in full before Planning Board approvals are recorded in the land evidence records. The Town reserves the right to place a lien on the subject property for any fees not paid in full.
A. 
Any person or corporation or other entity that fails or refuses to adhere to the terms and conditions of these regulations or plans that have been approved by the Permitting Authority or the Administrative Officer shall be in violation of these same.
B. 
Violation of this chapter shall include any action related to the transfer or sale of land in unapproved subdivisions. Any owner, or agent of the owner, who transfers, sells or negotiates to sell any land by reference to or exhibition of, or by other use, a plat of the subdivision before the plat has been approved and recorded in the municipal land evidence records shall be in violation of these regulations and subject to the penalties described herein.
C. 
Any person who, having submitted an application for subdivision or development approval, begins construction of the subdivision or development, or constructs any structure or improvement on the parcel, without having first received approval from the Permitting Authority or the Administrative Officer, shall be in violation of these regulations.
D. 
The penalty for violation shall reasonably relate to the seriousness of the offense and shall not exceed $500 for each violation, and each day of existence of any violation shall be deemed to be a separate offense. Any such fine shall inure to the Town.
E. 
The Town may also cause suit to be brought in the Kent County Superior Court or Municipal Court to restrain the violation of, or to compel compliance with, the provisions of these regulations. The Town may consolidate an action for injunctive relief and/or fines under this chapter in Kent County Superior Court or Municipal Court.
A. 
Town Council. Where an applicant requires both subdivision approval and Council approval for a Zoning Ordinance or Zoning Map change, the applicant shall first obtain an advisory recommendation on the zoning change from the Planning Board. The Planning Board's advisory opinion shall be based upon the review of a submitted master plan that shall be the basis for the request for the change of zone. A zone change hearing for the requested zoning amendment shall follow. The applicant shall then return to the Permitting Authority for subsequent required approval(s).
B. 
Zoning Board of Review.
(1) 
Where an applicant requires both a variance from the Zoning Ordinance and subdivision approval, the applicant shall first obtain an advisory recommendation from the Permitting Authority, as well as conditional Authority approval for the first approval stage for the proposed project, which may be granted concurrently, then obtain conditional Zoning Board relief, and then return to the Permitting Authority for subsequent required approvals.
(2) 
Where an applicant requires both a special use permit under the local Zoning Ordinance and Permitting Authority approval, the applicant shall first obtain an advisory recommendation from the Permitting Authority, as well as conditional Permitting Authority approval for the first approval stage for the proposed project, which may be granted concurrently, then obtain a conditional special use permit from the Zoning Board, and then return to the Permitting Authority for subsequent required approval(s).
A. 
Waiver and/or modification of requirements. The Permitting Authority shall have the power to grant such waivers and/or modifications from the requirements of the land development and subdivision approval process as may be reasonable and within the general purpose and intent of the provisions of these regulations. Such waivers and/or modifications shall only be permitted where the literal enforcement of one or more provisions of the regulations is impracticable and will exact undue hardship because of peculiar conditions pertaining to the land in question or where such waiver and/or modification is in the best interest of good planning practice and/or design as evidenced by consistency with the East Greenwich Comprehensive Community Plan and the Zoning Ordinance.
B. 
Reinstatement of applications.
(1) 
When an applicant has exceeded a deadline established by these regulations for submission of material for subdivision or land development, thereby rendering a previously granted approval invalid, the application may be reinstated by the Permitting Authority under the following conditions:
(a) 
The subdivision is consistent with the Comprehensive Community Plan;
(b) 
The regulations pertinent to the specific proposal are substantially the same as they were at the time of the original approval and that any changes thereto would not have affected the previously granted approval;
(c) 
The zoning of the subdivision parcel is unchanged from what it was at the time of original approval;
(d) 
Physical conditions on the subdivision parcel are substantially the same as they were at the time of original approval; and
(e) 
Applicable state or federal regulations are substantially the same as they were at the time of original approval.
(2) 
Application for reinstatement of a previously approved subdivision shall be made in writing to the Permitting Authority by the applicant. The Permitting Authority, in approving or denying the request for an extension, shall make findings of fact, which shall be made part of the record.
C. 
(Reserved)
D. 
Decisions on waivers and modifications. The Permitting Authority shall approve, approve with conditions, or deny a request for a waiver or modification by the following procedure:
(1) 
The Permitting Authority's decision shall be made within 45 days of the date the request for waiver or modification was first considered by the Permitting Authority, unless the applicant waives that deadline.
(2) 
The Permitting Authority's decision shall be in writing and shall contain findings of fact addressing the conditions contained in § A263-39.
A. 
All records of the Permitting Authority's proceedings and decisions shall be written and kept permanently available for public review. Completed applications for proposed projects under review by the Permitting Authority shall also be available for public review.
B. 
Participation in a Permitting Authority meeting or other proceedings by any party shall not be a cause for civil action or liability except for acts not in good faith, intentional misconduct, knowing violation of law, transactions where there is an improper personal benefit, or malicious, wanton or willful misconduct.
C. 
All final written comments to the Permitting Authority from the Administrative Officer, municipal departments, the Technical Review Committee, state and federal agencies and local commissions shall be part of the permanent record of the development application.
D. 
Votes. All votes of the Permitting Authority shall be made part of the permanent record and shall show the members present and their votes. A decision by the Permitting Authority to approve any land development or subdivision application shall require a vote for approval by a majority of the current Permitting Authority membership.
E. 
All written decisions of the Permitting Authority shall be recorded in the land evidence records within 35 days after the Permitting Authority vote. A copy of the recorded decision shall be mailed within one business day of recording, by any method that provides confirmation of receipt, to the applicant and to any objector who has filed a written request for notice with the Administrative Officer.
[Amended 12-9-2015]
A. 
All approved final plans and plats for land development and subdivision projects shall be signed by the appropriate Permitting Board official, as authorized, with the date of approval. Plans and plats for major land developments and subdivisions shall be signed by the Chairperson or Vice Chair of the Permitting Authority attesting to the approval. All minor land development or subdivision plans and plats and administrative plats shall be signed by the Chairperson or other designated member.
B. 
Upon signature, all plans and plats shall be submitted to the Administrative Officer prior to recording and filing in the appropriate municipal departments. The material to be recorded for all plans and plats shall include all pertinent plans with plan notes concerning all the essential aspects of the approved project design, the implementation schedule, special conditions placed on the development by the Town, permits and agreements with state and federal reviewing agencies, and other information as required by the Permitting Authority. The final approved and signed plat shall be affixed on a plat card in a manner approved by the Town Clerk.
C. 
Other parts of the application's record for subdivisions and land development projects, including all meeting records, approved master plan and preliminary plans, site analyses, impact analyses, all legal agreements, records of the public hearing and the entire final approved set of drawings, shall be kept permanently by the municipal departments responsible for implementation and enforcement, including the Planning Department, Department of Public Works and Building Official. In addition, the Town Clerk's office shall maintain a complete copy of the record.
D. 
Construction drawings need not be recorded. However, a complete blue-line or photo copy set of construction drawings, including street plans and profiles, cross sections, grading plans, drainage plans, landscaping plans, soil erosion and sediment control plans, utility plans and any other construction plans, details and specifications required as a condition of approval shall be submitted to the Administrative Officer, who shall forward same to the Town Clerk for filing prior to the subdivider recording the plat. Additional copies of all construction drawings shall be kept by the Department of Public Works, the Administrative Officer and any other Town departments as required in Subsection C above.
E. 
The Administrative Officer shall notify the statewide "911" emergency authority and the East Greenwich Police and East Greenwich Fire Department of the recording of the new plat and provide such information as required by each of the entities.
[Amended 12-9-2015]
A. 
For all changes to the approved plans of land development projects or subdivisions subject to this chapter, an amendment of the final development plans is required prior to the issuance of any building permits. Any changes approved in the final plan shall be recorded as amendments to the final plan in accordance with the procedure established for recording of plats in § A263-40.
B. 
Minor changes.
(1) 
Minor changes, as defined below, to a land development or subdivision plan may be approved administratively by the Administrative Officer, whereupon a permit may be issued. Such changes may be authorized without additional public hearings, at the discretion of the Administrative Officer. All such changes shall be made part of the permanent record of the project application. This provision shall not prohibit the Administrative Officer from requesting a recommendation from either the Technical Review Committee or the Permitting Authority. Denial of the proposed change(s) shall be referred to the Permitting Authority for review as a major change.
(2) 
For the purpose of this section, 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 or changes to utility plans which are in accord with Town of East Greenwich specifications and approved by the appropriate utility company.
(b) 
Lot line revisions, which can be reviewed and approved as an administrative subdivision according to the provisions of § A263-12.
(c) 
Amendments or changes to grading plans or drainage plans which are consistent with good and accepted engineering practices and relevant Town and state standards which do not require state or federal reviewing authorities.
(d) 
As approved by the Administrative Officer, amendments or changes to construction plans which are required because of unforeseen physical conditions on the parcel being subdivided and which are consistent with good engineering practice and Town and state standards. Modifications to any construction plans which are consistent with good and acceptable industry practices and Town and state standards.
(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.
C. 
Major changes.
(1) 
Major changes to a land development or subdivision plan may be approved only by the Permitting Authority. The procedure for approval of any such major change shall follow the same review and public hearing process as required for preliminary approval to a major land development and major subdivision as provided in § A263-18.
(2) 
For the purpose of these regulations, the term "major changes" shall mean changes which, in the opinion of the Administrative Officer, are contrary to or beyond the scope of the intent of and/or the reasoning behind the original approval. Examples of major changes shall include, but are not necessarily limited to, the following:
[Amended 11-6-2013]
(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 adverse impacts on abutting property or property in the vicinity of the proposed subdivision or land development project by affecting such things as traffic counts, patterns, or peak hours; by increasing the density of population residing in the development or the number of visitors to the site; by significantly expanding the hours of operation; by reducing any buffer areas or other protections to abutting properties; or other such changes;
(d) 
Changes which may have a significant adverse impact on any public service, utility or road.
D. 
Rescission procedure. The Planning Board, only upon application by all landowners of the plat to be affected, may determine that the application for plat rescission is not consistent with the Comprehensive Community Plan and is not in compliance with the standards and provision of the municipality's Zoning Ordinance and/or land development and subdivision review regulations and shall hold a public hearing which adheres to the requirements for notice established by § 45-23-42 of the General Laws of Rhode Island. The Planning Board shall approve, approve with conditions or modifications, or deny the application for rescission of the plat. If it is necessary to abandon any street covered under Chapter 6, Title 24, the Planning Board shall submit to the Town Council the documents necessary for the abandonment process. Once the required process for rescission or for rescission and abandonment has been completed, the revised plat shall be signed and recorded as required by these regulations.
A. 
An appeal from any decision of the Permitting Authority or Administrative Officer charged in the regulations with enforcement of any provisions, except as provided herein, may be taken to the Board of Appeal by an aggrieved party. Appeals from a decision granting or denying approval of a final plan shall be limited to elements of such approval or disapproval contained in the decision reached by the Planning Board at the preliminary stage, provided that a public hearing has been held on the plan.
B. 
An appeal from a decision of the Board of Appeal (Zoning Board of Review) may be taken by an aggrieved party to the Kent County Superior Court.
A. 
An appeal to the Board of Appeal from a decision or action of the Permitting Authority or Administrative Officer may be taken by an aggrieved party to the extent provided in § A263-42. Such appeal must be taken within 20 days after the decision has been filed and posted in the office of the Town Clerk.
B. 
The appeal shall be in writing and shall clearly state the issue or decision which is being appealed, the reason for the appeal, and the form of relief sought. At the time of filing, the appellant from any decision of the Planning Board, the Zoning Official or the Administrative Officer shall file a statement of the law and the facts on which it relies to claim: 1) prejudicial procedural error; and/or 2) clear error; and/or 3) lack of support by the weight of the evidence in the record, together with 12 copies thereof. Failure to file the statement shall be cause for the Zoning Board of Review to continue the hearing until such statement is filed in a timely manner. Applications must be received by the Planning Department not later than the 15th of the month to be advertised and docketed for the Board of Appeal's next meeting on the fourth Tuesday of the following month. The Planning Board shall receive a copy of the appeal prior to the hearing by the Board of Appeal. Comments on the appeal by the Planning Board, if any, shall be directed to the Town Solicitor. There shall be paid with the filing of the appeal the cost, as determined by the Administrative Officer, for the copying of the record to be transmitted to the Board of Appeal. The appeal shall either be sent by certified mail, with a return receipt requested, or shall be hand-delivered to the Board of Appeal. The Town Clerk shall accept delivery of an appeal on behalf of the Board of Appeal.
C. 
Upon receipt of an appeal, the Board of Appeal shall require the Permitting Authority or Administrative Officer to transmit forthwith to the Board of Appeal all papers, documents and plans, or a certified copy thereof, constituting the record of the action which is being appealed.
An appeal shall stay all proceedings in furtherance of the action being appealed.
A. 
The Board of Appeal shall hold a public hearing on the appeal within 45 days of the receipt of the appeal, giving public notice thereof as well as due notice to the parties of interest. At the hearing, any party may appear in person or may be represented by an agent or attorney. The Board shall render a decision within 10 days of the close of the public hearing. The cost of any notice required for the hearing shall be borne by the appellant.
B. 
The Board of Appeal shall only hear appeals of the actions of the Permitting Authority or Administrative Officer at a meeting called especially for the purpose of hearing such appeals and which has been so advertised.
C. 
The hearing may be held on the same date and at the same place as a meeting of the Zoning Board of Review. However, it must be conducted as a separate meeting apart from regular Zoning Board of Review business. Separate minutes and records of votes on the appeal shall be maintained by the Board of Appeal.
A. 
In instances of a Board of Appeal's review of a Permitting Authority or Administrative Officer's decision on matters subject to these regulations, the Board of Appeal shall not substitute its own judgment for that of the Permitting Authority or the Administrative Officer, but must consider the issue upon the findings and record of the Permitting Authority or Administrative Officer. The Board of Appeal shall not reverse a decision of the Permitting Authority or Administrative Officer except on a finding of prejudicial procedural error, clear error or lack of support by the weight of the evidence in the record.
B. 
The concurring vote of three of the five members of the Board of Appeal sitting at a hearing shall be necessary to reverse any decision of the Permitting Authority or Administrative Officer.
C. 
In the instance where the Board of Appeal overturns a decision of the Permitting Authority or Administrative Officer, the proposed project application shall be returned to the Permitting Authority or Administrative Officer at the stage of processing from which the appeal was taken for further proceedings before the Permitting Authority or Administrative Officer for the final disposition. The application's disposition shall be consistent with the Board of Appeal's decision.
D. 
The Board of Appeal shall keep complete records of all proceedings, including a record of all votes taken, and shall place on file all decisions on appeals in writing. The Board of Appeal shall include in the written record the reasons for each decision.
A. 
An aggrieved party may appeal a decision of the Board of Appeal to the Kent County Superior Court by filing a complaint setting forth the reasons of appeal within 20 days after the decision has been recorded and posted in the office of the Town Clerk. The Board of Appeal shall file the original documents acted upon by it and constituting the record of the case appealed from, or certified copies thereof, together with such other facts as may be pertinent, with the Clerk of the Court within 30 days after being served with a copy of the complaint. When the complaint is filed by someone other than the original applicant or appellant, such original applicant or appellant and the membership of the Permitting Authority shall be made parties to the proceedings. The appeal shall not stay proceedings upon the decision appealed from, but the Court may, in its discretion, grant a stay on appropriate terms and make such other orders as it deems necessary for an equitable disposition of the appeal.
B. 
The review shall be conducted by the Superior Court without a jury. The Court shall review the record of the hearing before the Permitting Authority and, if it shall appear to the Court that additional evidence is necessary for the proper disposition of the matter, it may allow any party to such appeal to present such evidence in open court, which evidence, along with the report, shall constitute the record upon which the determination of the Court shall be made.
C. 
The Court shall not substitute its judgment for that of the Permitting Authority as to the weight of the evidence on questions of fact. The Court may affirm the decision of the Board of Appeal or remand the case for further proceedings or may reverse or modify the decision if substantial rights of the appellant have been prejudiced because of findings, inferences, conclusions or decisions which are:
(1) 
In violation of constitutional, statutory, ordinance or Permitting Authority regulations or other provisions;
(2) 
In excess of the authority granted to the Permitting Authority by statute or ordinance;
(3) 
Made upon unlawful procedure;
(4) 
Affected by other error of law;
(5) 
Clearly erroneous in view of the reliable, probative and substantial evidence of the whole record; or
(6) 
Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
A. 
An appeal of an enactment of or an amendment of these East Greenwich Land Development and Subdivision Regulations may be taken to the Kent County Superior Court by filing a complaint, as set forth herein, within 30 days after such enactment or amendment has become effective. The appeal may be taken by any legal resident or landowner of the Town or by any association of residents or landowners of the Town. The appeal shall not stay the enforcement of the local regulations, as enacted or amended, but the Court may, in its discretion, grant a stay on appropriate terms, which may include the filing of a bond, and make such other orders as it deems necessary for an equitable disposition of the appeal.
B. 
The complaint shall set forth with specificity the area or areas in which the enactment or amendment is not consistent with the Comprehensive Planning Act, Chapter 22.2 of Title 45 of the General Laws; the Zoning Enabling Act of 1991, R.I.G.L. § 45-24-27 et seq.; the East Greenwich Comprehensive Community Plan, or the East Greenwich Zoning Ordinance.
C. 
The review shall be conducted by the Court without a jury. The Court shall consider whether the enactment or amendment of the local regulations is consistent with the Comprehensive Planning Act, Chapter 22.2 of Title 45 of the General Laws; the Zoning Enabling Act of 1991, R.I.G.L. § 45-24-27 et seq.; the East Greenwich Comprehensive Community Plan, or the East Greenwich Zoning Ordinance. If the enactment or amendment is not consistent, then the Court shall invalidate the enactment or the amendment, or those parts of such enactment or amendment which are not consistent. The Court shall not revise the regulations to be consistent but may suggest appropriate language as part of the Court decision.
D. 
The Court may, in its discretion, upon motion of the parties or on its own motion, award reasonable attorneys' fees to any party to an appeal, as set forth herein, including a municipality.
Upon the entry of any case or proceeding brought under the provisions of this chapter, including pending appeals and appeals hereinafter taken to the Court, the Court shall, at the request of either party, advance the case, so that the matter shall be afforded precedence on the calendar and shall thereupon be heard and determined with as little delay as possible.
A. 
If any provision of this chapter or of any rule, regulation or determination made thereunder, or the application thereof to any person, agency or circumstances, is held invalid by a court of competent jurisdiction, the remainder of the chapter, rule, regulation or determination and the application of such provisions to other persons, agencies or circumstances shall not be affected thereby. The invalidity of any section or sections of this chapter shall not affect the validity of the remainder of the chapter.
B. 
Applicability of prior subdivision regulations. Subdivisions and land developments which were submitted to the Permitting Authority for approval under the provisions of these regulations in effect prior to the date of passage of these regulations (August 16, 1999) may be continued to be reviewed by the Platting and Subdivision Board and approved under said prior regulations in accordance with the following;
(1) 
Final approvals. Any subdivider who at the time of adoption of these regulations has received final approval or final approval with conditions from the Permitting Authority may initiate or construct any part of the development or record said plans in accordance with the subdivision regulations in effect at the time final approval was granted.
(2) 
Preliminary approvals. Any subdivision which at the time of adoption of these regulations has received approval from the Permitting Authority may continue to be reviewed in accordance with the subdivision regulations in effect at the time preliminary approval was granted, provided that the final plat must be approved and recorded within one year from the date of preliminary approval unless an extension of time is granted by the Planning Board for good cause shown.
(3) 
Other. Any subdivision which at the time of adoption of these regulations has not received final or preliminary approval or has been reviewed by the Permitting Authority for preliminary review but no approval therefor has been granted, or which has received only preapplication approval, and any division of land which has not received final approval shall be reviewed under the terms of these regulations.
C. 
The Permitting Authority shall determine which regulations apply for subdivisions submitted for approval prior to the date of passage of these regulations (August 16, 1999). Appeals from a decision regarding the application status and applicable regulation shall be made to the Zoning Board of Review as herein provided.