Where words or phrases used in these Regulations are previously
defined in the definition section of either the "Rhode Island Comprehensive
Planning and Land Use Regulations Act," (Section 45-22.2-4), or the
"Zoning Enabling Act of 1991," (Section 45-24-31), they shall have
the meanings stated therein. Additional words and phrases used in
these Regulations shall have the following meanings:
Owner of land within 200 feet of the subdivision as determined
from the most recent public records. Land separated from proposed
subdivisions by a street right-of-way or easement is considered as
abutting land.
The municipal official designated by the local regulations
to administer the land development and subdivision regulations and
to coordinate with local boards and commissions, municipal staff and
state agencies. The Director of the Department of Planning and Community
Development shall serve as the Administrative Officer.
Re-subdivision of existing lots which yield no new or additional
lots for development, and involve no creation or extension of streets.
Such re-subdivision shall only involve divisions, mergers, mergers
and division, adjustments or reconfirmation of boundaries of existing
lots.
The local review authority for appeals of actions of the
Administrative Officer and the Planning Board on matters of land development
or subdivision, which shall be the Cumberland Zoning Board of Review.
See improvement guarantee.
A lot where construction for the use(s) permitted on the
site under the local Zoning Ordinance is considered practical by the
Planning Board, considering the physical constraints to development
of the site as well as the requirements of the pertinent federal,
state and local regulations.
A notice issued by the Administrative Officer informing the
applicant that the application submitted to the officer by applicant
is complete and meets the requirements of the Town's Regulations,
and that the applicant may proceed with the approval process. Does
not indicate project approval status.
A drawing with accompanying information showing the basic
elements of a proposed land development plan or subdivision as used
for pre-application meetings and early discussions, and classification
of the project within the approval process.
A requirement of all land use regulations which means that
all regulations and subsequent actions shall be in accordance with
the public policies arrived at through detailed study and analysis
and adopted by the Town as the Cumberland Comprehensive Community
Plan 1991-2010, as amended.
Payments of cash which are authorized when requirements for
mandatory dedication of land are not met because of physical conditions
of the site or other reasons.
A person or entity, who is the principal representative for
the project proposal at the time of recording, who posts the improvement
guarantee and is responsible for constructing the infrastructure in
accordance with the approved plans. The developer may be the owner
of the property or the project applicant.
The process whereby the Planning Board is authorized to review
the site plans, maps, and other documentation of a development to
determine the compliance with the stated purposes and standards of
the Zoning Ordinance and these Regulations.
Zoning, subdivision, land development plan, Development Plan
Review, historic district, official map, flood plain regulation, soil
erosion, Holding Pond Ordinance, or any other governmental regulation
of the use and development of land.
A subdivision.
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".
The final stage of land development and subdivision review.
The final drawing(s) of all or a portion of a subdivision
to be recorded after approval by the Planning Board and any accompanying
materials as described in these Regulations.
Those areas delineated by the Flood Hazard Zones section.
See Rhode Island State Building Code.
The body of local government having the power to adopt ordinances,
accept public improvements and dedication, release public improvement
guarantees, and collect fees. The Cumberland Town Council is the governing
body in the Town of Cumberland.
Any natural or built item, which becomes part of, is placed
upon, or is affixed to, real estate.
A security instrument accepted by the Town to ensure that
all improvements, facilities, or work required by the Land Development
and Subdivision Regulations, or required by the Town as a condition
of approval, will be completed in compliance with the approved plan
and specifications of a development.
A project in which one or more lots, tracts, or parcels of
land are to be developed or redeveloped as a coordinated site for
a complex of uses, units, or structures, including, but not limited
to: planned development, conservation development and or cluster development
for residential, commercial, institutional, recreational, open space,
and/or mixed uses as may be provided for in the Zoning Ordinance.
The Land Development and Subdivision Regulations adopted
by the Cumberland Planning Board pursuant to Rhode Island General
Laws, § 45-23.
The greatest lineal distance of a lot lying between and generally
measured perpendicular to a street right-of-way and a rear lot line.
The lineal distance of a lot lying between and generally
measured perpendicular to side lot lines at its most narrow point
from the minimum frontage line.
Any 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.
Any change to a plan, which in the opinion of the Administrative
Officer, substantially impacts the project and/or is inconsistent
with the intent of the original approval. Major changes shall include,
but are not limited to the following:
Changes that have the effect of creating additional lots or
units;
Changes to any dimension contained in the plan exceeding 20%;
Changes that would require a waiver from these Regulations or
a variance or special use permit from the Zoning Board;
Changes that may have significant negative impacts on abutting
property or property in the vicinity of the project;
Significant realignment of streets or entrance changes.
Exceeding the limits of disturbance as specified in the Final
Plan.
[Added 6-29-2018]
Any land development not classified as a Minor Land Development
Plan.
Any subdivision not classified as either an Administrative
Subdivision or a Minor Subdivision.
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.
Any change to a plan, which, in the opinion of the Administrative
Officer, does not substantially impact the project, is consistent
with the intent of the original approval, and is not a major change.
A development plan for a residential project consisting of
10 or fewer units provided that such development does not require
waivers or modifications as specified in these Regulations. All proposed
nonresidential and development projects shall be considered as Major
Land Development plans.
A plan for a residential subdivision of land consisting of
five or fewer lots, provided that such subdivision does not require
waivers or modifications as specified in these Regulations.
The Planning Board shall have the power to grant such waivers
and/or modifications from the requirements for land development and
subdivision approval as may be reasonable and within the general purpose
and intent of the Regulations; a waiver.
Two hundred feet from the perimeter of the entire property
under consideration.
A lot, or contiguous group of lots in single ownership or
under single control, and usually considered a unit for purposes of
development. Also referred to as a tract.
All that portion of a development that is used by vehicles,
the total area used for vehicular access, circulation, parking, loading
and unloading.
The local agency of government specifically empowered by
state enabling law and local ordinance to hear and decide on specific
matters pertaining to local land use.
Development, usually for large scale projects, where construction
of public and/or private improvements proceeds by section(s) subsequent
to approval of a Master Plan for the entire site.
Characteristics of a site or area, either natural or manmade,
which present significant difficulties to construction of the uses
permitted on that site, or would require extraordinary construction
methods. See also environmental constraints.
The Planning Board of the Town of Cumberland, Rhode Island.
A drawing or drawing 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. Also referred to as a Plan.
An initial meeting between developers and municipal representatives
which affords developers the opportunity to present their proposal
informally and to receive comments and directions from the municipal
officials and others.
The required stage of land development and subdivision review
which shall require detailed engineered drawings and all required
state and federal permits.
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.
A meeting of the Planning Board preceded by a notice, open
to the public and at which the public shall be heard.
Any change of an approved or recorded subdivision plat or
in a lot recorded in the municipal 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
the local Development and Subdivision Regulations. For the purposes
of these Regulations such action shall constitute a subdivision.
A provision for storage of storm water runoff and the controlled
release of such runoff during and after a flood or storm.
A provision for the storage of storm water runoff.
A public or private thoroughfare used, or intended to be
used, for passage or travel by motor vehicles. Streets are further
classified by the function they perform. See street classification.
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.
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.
A local street with only one outlet and having an appropriate
vehicle turnaround, either temporary or permanent, at the closed end.
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 as such points and in such manner
as may be determined by the public authority having jurisdiction over
the highway.
A thoroughfare established as a separate tract for the benefit
of multiple, adjacent properties and meeting specific municipal improvement
standards. This definition shall not apply to driveways.
All public property reserved or dedicated for street traffic.
A portion of a street reserved to provide access to future
development, which may provide for utility connections.
A method of roadway organization which identifies a street
hierarchy according to functions within a road system, that is, types
of vehicles served and anticipated volumes of traffic, for the purpose
of promoting safety, efficient land use and the design character of
neighborhoods and districts. Local classifications shall use the following
as major categories.
ARTERIALA major street that serves as an avenue for the circulation of traffic into, out of, or around the municipality and carries high volumes of traffic.
COLLECTORA street whose principal function is to carry traffic between local streets and arterial streets but that may also provide direct access to abutting properties.
LOCALStreets whose primary function is to provide access to abutting properties.
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.
The division or re-division of a lot, tract or parcel of
land into two or more lots, tracts, or parcels. Any adjustment to
existing lot lines of a recorded lot by any means shall be considered
a subdivision. All re-subdivision activity shall be considered a subdivision.
The division of property for purposes of financing constitutes a subdivision.
A committee appointed by the Planning Board for the purpose
of reviewing, commenting, and making recommendations to the Planning
Board with respect to approval of development applications.
Improvements built and maintained by a developer during construction
of a development project prior to a release of the improvement guarantee,
but not intended to be permanent.
The right to initiate or continue the development of an approved
project for a specific 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.
See modifications of requirements.
