A. 
When a major land development and major subdivision is submitted for master plan approval as provided in Article V, § 450-19D(3), the Planning Board shall review the adequacy of existing and projected future public improvements, services and facilities which may be impacted by the proposed development in its entirety. If the Planning Board determines that such improvements, services and facilities, including but not limited to water supply, sewerage, streets and associated drainage facilities, schools, recreational facilities, and fire and police protection will not be adequate to serve the residents of the subdivision or development at the time of recording of the plat, the Planning Board shall have the authority to establish a rate of development of the entire subdivision or development by requiring it to be built in phases.
B. 
When an application is submitted for master plan approval, the applicant shall submit to the applicable municipal, state or private agency, as provided in the master plan checklist for major land developments and major subdivisions, a copy of the master plan narrative report for its review and comment. Each agency so notified by the applicant, proof of which shall be presented to the administrative officer, shall be requested to provide its comments in writing to the Planning Board. Comments shall be received from each agency prior to the date of the informational meeting. If comments are not received by the administrative officer by that date, it shall be assumed that the agency does not wish to comment. If the public informational meeting on the master plan and the public hearing on the preliminary plan are combined as provided in Article V, § 450-19D(3)(d), all comments from reviewing agencies shall be received prior to the date of the public hearing.
C. 
Each department or agency to which such a request for comments is made shall deliver to the administrative officer, in addition to the written correspondence, any supplementary material, which shall describe:
(1) 
An estimate of the impact of the subdivision or development on the facilities and/or services provided by the department or agency;
(2) 
Whether existing facilities and/or services are adequate to serve the subdivision's or development's residents;
(3) 
Whether plans for the necessary improvements to existing facilities and/or services are included in the Town's Capital Improvement Program or are otherwise planned; and
(4) 
An estimate of how long it would take to provide any necessary improvements to existing facilities and/or services.
D. 
Based on the responses received from the various departments and agencies, the Planning Board 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 a growth rate plan, the Planning Board may require that improvements be installed, or lots sold, in two or more phases.
E. 
If phasing is required, the Planning Board 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 by the Planning Board in § 450-7D of this article, above. In such review and approval, the Board 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 necessitated by special conditions.
F. 
The master plan documents may 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.
Minor land development projects and major land development projects are provided for by Chapter 400, Zoning, of the Town Code and are herein included. Approval of a land development project shall be in accordance with the procedures established by these land development and subdivision regulations, including those for appeal and judicial review. Regulations governing the zoning requirements for land development projects are included in Chapter 400. (See Chapter 400, Article XVIII.)
(Formerly "site plan review.")
A. 
Development plan review (DPR), as provided in Chapter 400, Zoning, of the Town Code under Article X (and formerly referred to as "site plan approval") shall be conducted in accordance with these regulations, and is herein incorporated under R.I.G.L. § 45-23-50. Subdivision or land development projects that are also subject to DPR may combine the preliminary review requirements and hold one preliminary plan review and public hearing, if required, in accordance with the procedure for land development and subdivision review.
(1) 
Applicable fees are as noted in Article XI, §§ 450-40 and 450-41, and in the checklists included as attachments to this chapter.
(2) 
Submission requirements are noted on the checklists included as attachments to this chapter.
B. 
No building permit may be issued for any building except in conformance with an approved development plan. No certificate of occupancy may be issued for any building or use of land within the purview of Chapter 400, Zoning, of the Town Code unless the building is constructed or used, or the land is developed or used in conformity with an approved development plan. Every application for development plan approval shall be accompanied by a certification by the West Greenwich Planning Board to the effect that the plan meets all the specific applicable requirements of Chapter 400, Zoning, and the land development and subdivision regulations.
C. 
Development plan review by the Planning Board shall be required in all zoning districts for:
(1) 
The erection, enlargement or change of use of any building or other structure, other than single-family dwellings. Any variance, special use permit, or rezoning for a use other than single-family residential shall be referred by the Zoning Board of Review or the Town Council to the Planning Board for the Planning Board's review and recommendation as to the adequacy of the development plans;
(2) 
All uses of open land for which a certificate of occupancy is required; and
(3) 
Any amendment of a previously approved development plan.
D. 
General criteria and standards. Refer to Article XIII, Physical Design Requirements and Public Improvement Standards.
A. 
Definition. Conservation design development is a type of residential cluster land development project, as authorized by R.I.G.L. § 45-24-47, which preserves at least 50% of a property as meaningful open space, while developing the most appropriate areas within the parcel on reduced-sized lots such that density remains neutral. It is an alternative to conventional residential subdivision.
B. 
Conservation design development, as provided for in Chapter 400, Zoning, Article XX, of the Town Code shall be reviewed and approved by the Planning Board in accordance with the procedures and requirements contained in these regulations. Additional submission requirements are noted in Article V, § 450-23, and have been included on the checklists.[1]
[1]
Editor's Note: The checklists are included as attachments to this chapter.
C. 
The Planning Board shall have the authority to require that a major or minor subdivision which is being proposed for conventional subdivision be developed as a conservation design development. The Board shall notify the applicant of such no later than the master plan review stage for a major subdivision, and no later than the preliminary plan review stage for a minor subdivision, and shall make findings of fact in writing supporting the requirement.
D. 
General criteria and standards. Refer to Article XIII, Physical Design Requirements and Public Improvement Standards.
E. 
Procedure for review and approval. Refer to Article V, Procedure for Review and Approval of Plats and Plans.
F. 
Open space use. See Chapter 400, Zoning, Article XX, of the Town Code, for uses allowed within the open space/conservation land. The Planning Board shall approve of the individual uses proposed for each open space/conservation land parcel as part of the plan review process. A specific land management plan may be required by Chapter 400, Zoning, or the Planning Board for the intended use. The approved uses shall be described in the required open space use, maintenance, and operation plan, which may incorporate any specific land management plan.
G. 
Restrictions and required conditions of approval. (Cross-referenced from Chapter 400, Zoning, of the Town Code, Article XX.)
(1) 
Further subdivision of all house lots and common open space created as part of a conservation design development, including homestead lots, shall be prohibited in perpetuity.
(2) 
The required open space shall be restricted in perpetuity from future development, except in accordance with an approved open space use, maintenance, and operation plan.
(3) 
Changes in the use of the open space shall be in accordance with those uses allowable within the open space in a conservation design development, as governed by Chapter 400, Zoning, of the Town Code, and shall be approved by the Planning Board as an amendment to the plan.
(4) 
No disturbance to the open space shall be made to the natural contours of the land nor shall any existing natural vegetation be removed or any natural or man-made features be altered in any way. Clearing and excavation of open space areas shall be permitted only for the installation of stormwater drainage facilities, or for permitted disturbance associated with implementing an approved open space use, maintenance, and operation plan.
(5) 
Open space land shall not be eligible for transfer to another party except for transfer to another method of ownership permitted under Subsection H below.
(6) 
A conservation restriction in the form of a conservation easement is required for all open space, whether privately, publicly, or commonly owned, and regardless of any other conservation easement, and shall incorporate the following requirements:
(a) 
All open space shall be protected against further development and unauthorized alteration in perpetuity by appropriate deed restrictions through the grant of a conservation restriction to the Town of West Greenwich, the West Greenwich Land Trust, or other nonprofit conservation group, pursuant to Title 34, Chapter 39 of the Rhode Island General Laws, as amended.
(b) 
In addition, the perpetual maintenance of all open space shall be guaranteed by appropriate deed restrictions. The Planning Board (legal counsel) shall approve the form and content of all deed restrictions at the time of final approval of the subdivision. Every deed restriction providing a perpetual maintenance guarantee shall contain the following provision:
"If the owners, or their successors or assigns, fail to maintain the open space, the restriction holder may perform any necessary maintenance and enforce the payment for such costs, including reasonable attorney's fees, by an action at law or in equity against the owners or their successors or assigns."
(c) 
The permanent conservation restriction shall be duly recorded in the Land Evidence Records, and shall define the range of permitted activities, as approved by the Planning Board, and include all restrictions as noted in this Subsection G.
(d) 
In the event that the Town of West Greenwich is the proposed owner of the open space, the conservation restriction shall be held by both the Town and either the West Greenwich Land Trust or other nonprofit conservation organization.
H. 
Open space ownership. (Cross-referenced here from Chapter 400, Zoning, of the Town Code, Article XX; see Chapter 400 for ownership requirements.) Conservation land within a conservation development subdivision shall be doubly protected through fee simple ownership and a conservation restriction in the form of a conservation easement, at the discretion of the Planning Board. The Planning Board may require two or more conservation easement holders. Open space land shall not be transferred to another entity except for transfer to another method of ownership permitted under this subsection.
(1) 
Open space shall be owned in fee simple by any one or more of the following entities, as further described in Chapter 400, Zoning, Article XX, of the Town Code:
(a) 
Homeowners' association.
(b) 
Town of West Greenwich.
(c) 
A land trust or other nonprofit conservation or recreation group.
(d) 
Individual owners of homestead lots, or other private individual who will use the land for open space purposes as provided by a conservation easement and conservation restriction.
(e) 
Condominium association.
(2) 
A conservation easement shall also be held by the Town of West Greenwich, the West Greenwich Land Trust, or other nonprofit conservation group, as further described in Chapter 400, Zoning, Article XX, of the Town Code. Conservation easement holders may also include a homeowners' association, or any governmental body, or a charitable corporation, association, trust, or other entity whose purposes include conservation of land or water areas or of a particular area.
I. 
Open space maintenance and management.
(1) 
The Planning Board shall specifically authorize property management plans for the use, management, and maintenance of all open space areas and facilities, in perpetuity, within any conservation development. No grading or clearing of vegetation shall be permitted within the open space land; provided, however, the Planning Board may permit disturbance for installation of landscaping, parks, trails, or recreation areas; or for activities germane to agriculture, conservation, forestry, or wildlife habitat areas, as specifically authorized or required in the property management plan. The applicant shall, at the time of preliminary plan submission, provide a draft property management plan containing the following requirements:
(a) 
The plan shall define ownership.
(b) 
The plan shall state the purpose of the conservation easement(s) and either include or refer to the baseline documentation report.
(c) 
The plan shall include a description of the property.
(d) 
The plan shall establish long-term management goals, along with the necessary regular and periodic operation and maintenance responsibilities, and responsible parties, for the various uses of open space (i.e., lawns, buildings, playing fields, landscaped areas, meadows, pastures, croplands, woodlands, wildlife habitat, etc.) to implement those goals.
(e) 
The plan shall include provisions for inspections and a description of how the property will be monitored.
(f) 
The plan shall estimate staffing needs, insurance requirements, and associated costs and define the means for funding the maintenance of the open space land and operation of any common facilities on an ongoing basis. Such funding plan shall include the means for funding long-term capital improvements as well as regular yearly operation and maintenance costs.
(g) 
The plan shall include an amendment procedure. Any changes to the plan at any point in time shall be approved by the West Greenwich Planning Board.
(2) 
The plan shall be approved by the Planning Board prior to final plan approval.
(3) 
The cost of and responsibility for maintaining the open space land shall be borne by the property owner, condominium association, homeowners' association, conservation easement holder(s), or conservation organization.
(4) 
In the event that the organization established to manage the open space lands and the common facilities, or any successor organization thereto, fails to maintain all or any portion of the open space or common facilities in reasonable order and condition, the Town restriction holder may assume responsibility for maintenance, in which case any escrow funds may be forfeited and any permits may be revoked or suspended. The Town restriction holder shall first serve written notice upon the responsible party, noting the specific failures to maintain the open space, and shall include corrective actions and a time line. Upon failure to comply within the time specified, the owner shall be in violation. The Town restriction holder may enter the premises and take corrective action, including extended maintenance. The costs of such corrective action may be charged to the property owner, condominium association, homeowners' association, conservation organization, or individual property owners who make up a condominium or homeowners' association and may include administrative costs and penalties. Such costs shall become a lien on said properties. Notice of such lien shall be filed by the Town restriction holder in the Land Evidence Records.
J. 
Resources. See Appendix C.[2]
[2]
Editor's Note: Appendix C is included as an attachment to this chapter.