The following words or phrases, when used in these regulations,
shall have the following meanings, unless otherwise specifically provided.
Where any words and phrases are also or additionally defined in R.I.G.L.
§ 45-23-32, R.I.G.L. § 45-22.2-4 of the Comprehensive
Planning and Land Use Act or R.I.G.L. § 45-24-31 of the
Zoning Enabling Act, the definitions found in state law are controlling.
The municipal official to administer the land development
and subdivision regulations and to coordinate with local boards and
commissions, municipal staff, and state agencies. For the Town of
West Greenwich, it shall be the Town Planner.
Resubdivision of existing lots that 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.
[Refer to R.I.G.L. § 42-128-8.1(d)(1).] Residential
housing that has a sales price or rental amount that is within the
means of a household that is moderate income or less. In the case
of dwelling units for sale, housing that is affordable means housing
in which principal, interest, taxes, which may be adjusted by state
and local programs for property tax relief, and insurance constitute
no more than 30% of the gross household income for a household with
less than 120% of area median income, adjusted for family size. In
the case of dwelling units for rent, housing that is affordable means
housing for which the rent, heat, and utilities other than telephone
constitute no more than 30% of the gross annual household income for
a household with 80% or less of area median income, adjusted for family
size. Affordable housing shall include all types of year-round housing,
including, but not limited to, manufactured housing, housing originally
constructed for workers and their families, accessory dwelling units,
housing accepting rental vouchers and/or tenant-based certificates
under Section 8 of the United States Housing Act of 1937, as amended,
and assisted-living housing, where the sales or rental amount of such
housing, adjusted for any federal, state, or municipal government
subsidy, is less than or equal to 30% of the gross household income
of the low- and/or moderate-income occupants of the housing.
The component of the Housing Element of the Comprehensive
Plan that is designed to meet the housing needs of the community.
The West Greenwich Affordable Housing Plan has been approved by the
state as meeting the guidelines for the local Comprehensive Plan as
promulgated by the State Planning Council.
Land suitable for agriculture by reason of suitability of
soil or other natural characteristics or past use for agricultural
purposes. Agricultural land includes land defined as prime farmland
or additional farmland of statewide importance for Rhode Island by
the Natural Resources Conservation Service of the United States Department
of Agriculture.
A person who applies to the Planning Board for subdivision
or development approval.
Areas designated on the Town's official Flood Insurance Rate
Maps as being located within Zones V1-V30, and Zone A.
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 Zoning Board of Review constituted
as the Board of Appeal.
A type of improvement guarantee.
An area within a property or site, generally adjacent to
and parallel with the property line, either consisting of natural
existing vegetation or created by the use of trees, shrubs, fences,
and/or berms, designed to limit continuously the view of and/or sound
from the site to adjacent sites or properties.
A lot where construction for the use(s) permitted on the site under Chapter 400, Zoning, of the Town Code is considered practical by the Planning Board, considering the physical constraints to development of the site as well as the requirements of pertinent federal, state and local regulations.
A notice issued by the administrative officer informing the
applicant that the application is complete and meets the requirements
of these regulations, and that the applicant may proceed with the
approval process.
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, culturally, or other sensitive features and/or structures. The techniques used to concentrate buildings shall be specified in Chapter 400, Zoning, of the Town Code and may include, but are not limited to, reduction in 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.
The Town of West Greenwich Comprehensive Plan, adopted and
approved by the Town of West Greenwich pursuant to Rhode Island General
Laws Title 45, Chapter 22.2.
A drawing with accompanying information showing the basic
elements of a proposed subdivision or land development plan, as used
for pre-application meetings and early discussions, and classification
of the project within the approval process.
A precast concrete structure, minimum 3,000 psig, used for
the underground storage of water for the purpose of fire suppression.
All vent piping, suction piping and fill piping shall be ASTM Schedule
40 galvanized steel pipe. Cisterns shall be installed at least 48
inches below grade to prevent freezing.
A right to prohibit or require a limitation upon or an obligation
to perform acts on or with respect to uses of a land or water area,
whether stated in the form of a restriction, easement, covenant, or
condition, in any deed, will, or other instrument executed by or on
behalf of the owner of the area or in any order of taking, which right,
limitation, or obligation is appropriate to retain or maintain the
land or water area, or is appropriate to provide the public the benefit
of the unique features of the land or water area, including improvements
thereon predominantly in its natural, scenic, or open condition, or
in agricultural, farming, open space, wildlife, or forest use, or
in other use or condition consistent with the protection of environmental
quality.
A requirement of all local land use regulations, which means
that all these regulations and subsequent actions are in accordance
with the public policies arrived at through detailed study and analysis
and adopted by the municipality as the Comprehensive Community Plan
as specified in R.I.G.L. § 45-22.2-3.
Any disturbance of an existing or newly approved parcel of
land.
The terminus of a street that has only one outlet, laid out to provide a circular or other type of turnaround for vehicles at the closed end. See Article XIII.
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 such payments will be allowed and all formulas for calculating
the amount shall be specified in advance in the local regulations.
The process whereby authorized local officials review the site plans, maps, and other documentation of a development to determine the compliance with the stated purposes and standards of Chapter 400, Zoning, of the Town Code, and the land development and subdivision regulations.
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.
A subdivision.
The right of a party to use all or part of the property of
another for a specific purpose.
The signature of the administrative officer or Planning Board Chairperson on an approved plat, permitting recording of the plat, or as further provided in Article VI.
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."
Verification of all development and/or improvements in an
approved subdivision or development; including, but not limited to:
drainage structures and systems, streets and rights-of-way, landscaping,
granite bounds, rim elevations, utilities and other related site improvements.
The final stage of subdivision or land development review.
The final drawing(s) of all or a portion of a subdivision
or land development project, and any accompanying materials, to be
recorded in the Land Evidence Records after approval by the Planning
Board.
The ability to adequately protect present and future persons
and property from the threat of fire hazards. Rural techniques include,
but are not limited to, concrete cisterns and dry hydrants.
A current economic projection of the direct public costs
and revenues associated with a residential or nonresidential development
proposal.
An area that has a one-percent or greater chance of inundation
in any given year, as delineated by the Federal Emergency Management
Agency (FEMA) pursuant to the National Flood Insurance Act of 1968,
as amended (P.L. 90-448; 42 U.S.C. § 4011 et seq.).
The terminus of a street, laid out to provide a turnaround
area for vehicles.
A community association, other than a condominium association,
that often holds title to common property and is organized in a development
in which individual owners share common interests in open space, access,
recreation, or other incidental facilities.
A minimum ten-acre lot created as part of a conservation
design development, primarily used for a private residences, with
a secondary use contributing towards one or more purposes of conservation
design development. (An applicant may wish to include a minimum of
11 acres for a homestead lot so that it may qualify for the farm,
forest, and open space tax program.)
Any natural or built site that becomes part of, is placed
upon, or is affixed to real estate.
A security instrument accepted by the Town Treasurer after
consultation with the Town Solicitor to ensure that all improvements,
facilities, or work required by these regulations, or as a condition
of approval, will be completed in compliance with the approved plans
and specifications.
A low- or moderate-income housing unit which meets the affordability level, unit type, and other requirements of Chapter 400, Zoning, of the Town Code.
A provision of Chapter 400, Zoning, of the Town Code (Article XVI) requiring the inclusion of affordable housing [as defined by R.I.G.L. § 42-128-8.1(d)] as part of a development. Inclusionary zoning is applicable to all projects of four or more housing units or lots, and requires that a minimum of 20% or more of the lots or units qualify as low- or moderate-income housing, as defined by R.I.G.L. § 45-24-46.1 or § 42-128-8.1.
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, subdivisions with public improvements, planned development and/or cluster development for residential, commercial, institutional, recreational, open space, and/or mixed uses as may be provided for in Chapter 400, Zoning, of the Town Code.
Any physical land development activity which includes such
actions as clearance of vegetation, moving or filling of land, removal
or excavation of soil or mineral resources or similar activities.
The total land area, less land unsuitable for development.
Either:
The basic development unit for determination of lot area, depth,
and other dimensional regulations; or
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.
Any housing, whether built or operated by any public agency
or any nonprofit organization or by any limited-equity housing cooperative
or any private developer, that is subsidized by a federal, state,
or municipal government subsidy under any program to assist the construction
or rehabilitation of housing affordable to low- or moderate-income
households, as defined in the applicable federal or state statute
or local ordinance and that will remain affordable through a land
lease and/or deed restriction for 99 years or such other period that
is either agreed to by the applicant and Town or prescribed by the
federal, state, or municipal government subsidy program but that is
not less than 30 years from initial occupancy.
A security instrument accepted by the Town Treasurer after
consultation with the Town Solicitor to ensure that all improvements,
facilities, or work required by these regulations, or as a condition
of approval, will function as required for a specified period of time.
Any subdivision or land development project 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. It is required for review of major land development
projects and major subdivisions.
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.
A plan for subdivision of land into buildable lots, which does not propose more than five lots or dwelling units, and does not require any waivers from, or modifications to, these regulations. Any further subdivision of any lot(s) at any time after the effective date of adoption of these regulations (December 19, 1995), whether immediate or future, so as to create of total of six lots or more from the original lot, shall be considered to be a major subdivision and shall be reviewed under the provision of Article V, § 450-19D.
A building consisting of three or more separate dwelling
units and/or townhouses, row houses, apartments and/or condominiums
to be owned, leased or rented by individuals and/or families. A multifamily
dwelling includes low- or moderate-income housing pursuant to R.I.G.L.
§ 45-53-1 et seq. A multifamily dwelling proposing more
than 20 bedrooms shall be considered as a major land development plan.
A parcel of land recorded in the Land Evidence Records that
is created or reserved for a purpose other than present or future
construction of buildings or structures.
Any charitable corporation, charitable association or charitable
trust (such as a land trust), the purposes or powers of which include
retaining or protecting the natural, scenic or open space values of
real property, assuring the availability of real property for agricultural,
forest, recreational or open space use, protecting natural resources,
maintaining or enhancing air or water quality, or preserving the historical,
architectural, archaeological or cultural aspects of real property.
Any parcel or area of land or water set aside, dedicated,
designated, or reserved for public or private use or enjoyment or
for the use and enjoyment of owners and occupants of land adjoining
or neighboring such open space; provided that the area may be improved
with only those buildings, structures, streets, and off-street parking,
and other improvements that are designed to be incidental to the natural
openness of the land.
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 land development project that is used
by vehicles, the total area used for vehicular access, circulation,
parking, loading and unloading.
A portion of a subdivision or land development to be developed,
or sold as lots, at a particular time, as part of an effort to coordinate
population growth with the availability of facilities and services.
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 man-made,
which present significant difficulties to construction of the uses
permitted on that site, or would require extraordinary construction
methods. See also "environmental constraints."
The official planning agency of the Town of West Greenwich.
A drawing or drawings of a land development project or subdivision
showing the location, boundaries, and lot lines of individual properties,
as well as other necessary information as specified in these regulations.
An initial meeting between developers and municipal representatives
that affords developers the opportunity to present their proposals
informally and to receive comments and directions from the municipal
officials and others.
A meeting with the Planning Board, either required or requested,
to allow developers the opportunity to present their proposals in
order to receive comments and direction.
The stage of land development or subdivision review that
requires detailed engineered drawings and all required state and federal
permits.
Those lands which meet the applicable criteria, as established
by the USDA Natural Resources Conservation Service. Specific map units
are listed in the Natural Resources Conservation Service fact sheet
"Identification of Important Farmlands," issued 1980, as amended.
See "agricultural land."
Any street or other roadway, sidewalk, pedestrian way, tree,
lawn, off-street parking area, drainage feature, or other facility
for which the Town of West Greenwich or other governmental entity
is presently responsible or will ultimately assume responsibility
for maintenance and operation upon municipal acceptance.
A meeting of the Planning Board, preceded by notice, open
to the public and at which the public shall be heard.
A minor subdivision with a shared private right-of-way that serves up to a maximum of five building lots. Each subdivided lot must have an average density of no greater than one dwelling unit per four acres of land, and is subject to specific regulations in Chapter 400, Zoning, of the Town Code.
Development consisting entirely of single-family or multiple-family
dwelling units. A dwelling unit is a structure or portion thereof
providing complete, independent living facilities for one or more
persons, including permanent provisions for living, sleeping, eating,
cooking and sanitation and containing a separate means of ingress
and egress.
Any change of an approved or recorded subdivision plat or
in a lot recorded in the 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.
An easement for the purpose of passing through, or crossing,
property belonging to another.
Verification of all development and/or improvements in an
approved subdivision or development; including, but not limited to:
drainage structures and systems, streets and rights-of-way, rim elevations,
utilities and other related site improvements. Required prior to paving
of binder course on any street in an approved subdivision.
The grade, pitch, rise or incline of the topographic landform
or surface of the ground.
A provision for storage of stormwater runoff and the controlled
release of such runoff during and after a flood or storm.
A provision for storage of stormwater runoff.
A public or private thoroughfare used, or intended to be
used, for passage or travel by motor vehicles.
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 volume, for the purposes of promoting safety, efficient land use and the design character of neighborhoods and districts. Local classifications are identified in the street design standards in § 450-47 of this chapter.
The entire area to be dedicated for street use, including
the pavement or travel surface, and the areas on both sides of the
pavement or travel surface that may be reserved for installation of
sidewalks, utilities, drainage improvements or other purposes.
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 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.
A thoroughfare established as a separate tract for the benefit
of multiple, adjacent properties and meeting specific municipal improvement
standards. Driveways are excluded from this definition.
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 person who:
Having an interest in land, causes it, directly or indirectly,
to be divided into a subdivision; or
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
Engages directly or through an agent in the business of selling,
leasing, developing, or offering for sale, lease, or development a
subdivision of any interest, lot, parcel, site, unit, or plat in a
subdivision.
The division or redivision of a lot, tract, or parcel of
land into two or more lots, tracts or parcels. Any adjustments to
existing lot lines of a recorded lot by any means shall be considered
a subdivision. All resubdivision activity shall be considered a subdivision.
The division of property for purposes of financing or to create, cause
or perpetuate a leasehold interest in a parcel shall constitute a
subdivision.
A committee appointed by the Planning Board for the purpose
of reviewing, commenting on, and making recommendations to the Planning
Board with respect to approval of land development and subdivision
applications.
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 completion of the project.
The use of standard construction practices to remove debris
from remaining areas of ledge or rock within a roadbed, after blasting,
but before installing street subbase material.
A plan of a conventional subdivision or land development
project that depicts the maximum number of single-family building
lots or units that can reasonably be built on a parcel of land under
the current zoning and land development and subdivision requirements.
A conventional yield plan is required for all residential compound
and conservation development applications.
[1]
Editor's Note: Amended at time of codification.
