Where words or phrases used in these regulations are defined in either the Rhode Island Comprehensive Planning and Land Use Regulation Act of 1988, or the Zoning Enabling Act of 1991, or Chapter 260, Zoning, of the Code of the Town of Westerly, they shall have the meanings stated therein.
For the purposes of these regulations, the following terms shall
have the meaning stated herein.
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. In the Town of Westerly, the Planning Board has designated
the Town Planner/Environmental Coordinator as the Administrative Officer.
Resubdivision of existing lots which yields no additional
lots for development and involves no creation or extension of streets.
Such re-subdivision shall only involve divisions, mergers, mergers
and division, or adjustments of boundaries of existing lots.
The review authority for appeals of action of the Administrative
Officer and the Planning Board on matters of land development or subdivision,
which shall be the Westerly Zoning Board of Review.
See "improvement guarantee."
A lot where construction for the use(s) permitted on the site by Chapter 260, Zoning, is considered practicable by the Planning Board, considering the physical constraints to development of the site as well as the requirements of the pertinent federal, state, and other Town of Westerly regulations and ordinances.
A notice issued by the Administrative Officer informing an
applicant that the application is complete and meets the requirements
of these regulations, and that the applicant may proceed with the
approval process.
A drawing with accompanying information showing the basic
elements of a proposed land development plan or subdivision as used
for preapplication meetings and early discussions, and classification
of the project within the approval process.
A requirement of these regulations which means that these
regulations and all subsequent actions shall be in accordance with
the public policies arrived at through detailed study and analysis
and adopted by the Town Council as the Westerly Comprehensive Plan.
Any person:
Who, having an interest in land, causes it, directly or indirectly,
to be divided into a subdivision;
Who directly or indirectly sells, leases, or develops, or offers
to sell, lease, or develop, or advertises to sell, lease, or develop,
any interest, lot, land, site, unit, or plat in a subdivision; or
Who 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, land, site, unit, or plat in a
subdivision.
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 or resubdivision.
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 definition of "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 or its agents
and any accompanying material as required by these regulations and/or
by the Planning Board.
See Rhode Island State Building Code.
The body of the local government (in the case of these regulations,
the Westerly Town Council) having the power to adopt ordinances, accept
public dedications, release public improvement guarantees, and collect
fees.
Any natural or built item which becomes part of, is placed
upon, or is affixed to real estate.
A security instrument accepted by the Planning Board to ensure
that all improvements, facilities, or work required by the Land Development
and Subdivision Regulations, or required by the Planning Board as
condition of approval, will be completed in compliance with the approved
plans and specifications of a development.
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."
The Westerly Land Development and Subdivision Regulations
adopted under the provisions of RIGL 45-23-25 through 45-23-74, including
all related local ordinances and rules properly adopted pursuant thereto.
Any security instrument which may be required and accepted
by the Planning Board to ensure that necessary improvements will function
as required for a specific period of time. See definition of "improvement
guarantee."
Any land development plan 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.
A development plan for a residential project, provided that
such development does not require waivers or modifications as specified
in these regulations. All nonresidential land development projects
shall be considered as major land development plans.
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 these regulations.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
See § A261-22.
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 sections 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 definition of "environmental constraints."
The official municipal planning agency of the Town of Westerly,
hereinafter also referred to as "the Board" or "Board."
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
the local regulations.
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.
The required stage of land development and subdivision review
which requires detailed engineered drawings and all required state
and federal permits.
Any street or other roadway, sidewalk, pedestrianway, tree,
lawn, off-street parking area, drainage feature, or other facility
for which the local government or other governmental entity 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
these regulations. For the purposes of these regulations, any such
action shall constitute a subdivision.
The grade, pitch, rise or incline of the topographic landform
or surface of the ground.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
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. Streets are further classified
by the functions they perform. See definition of "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 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. The major categories are described in § A261-30B.
A local street with only one outlet and having an appropriate
vehicular 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 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 improvement
standards for private streets in these regulations. 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.
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 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 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 land development and subdivision
applications.
Improvements built and maintained by a developer during construction
of a development project and prior to 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 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.
See § A261-22.
