In order to assure the orderly and environmentally sound growth of the Town of Charlestown, the following regulations for land development and the control of the subdivision of land are hereby adopted by the Planning Commission in accordance with Title 45, Chapter 23, Sections 25 through 74 of the General Laws of Rhode Island, known as the Rhode Island Land Development and Subdivision Review Enabling Act of 1992, Chapter 40, Section 8, Regulatory Powers, of the Charlestown Code of Ordinances, and Article LIII, Planning Commission, of the Charlestown Town Charter.
These regulations have been enacted to establish procedural provisions for the subdivision of land and land development projects. The Planning Commission shall have the power to negotiate with applicants filing under these regulations to ensure the protection of the Town's natural and built environment. The purpose of these Regulations are to accomplish the following, which are intended to be given equal priority and are lettered for reference only:
A. 
Providing for the orderly, thorough and expeditious review and approval of land developments and subdivisions;
B. 
Promoting high quality, appropriate design and construction of land developments and subdivisions;
C. 
Promoting the protection of the existing natural and built environments and the mitigation of all negative impacts of any proposed development on these environments;
D. 
Promoting design of land developments and subdivision which are well integrated with the surrounding neighborhoods and which concentrate development in areas which can best support use by reason of natural characteristics and existing infrastructure;
E. 
Promoting design and improvement standards to reflect the intent of the Comprehensive Plan with regard to the physical character of the various districts of the Town;
F. 
Establishing requirements for dedications of public land, impact mitigation, and payment-in-lieu thereof;
G. 
Encouraging the establishment of procedures for record keeping on all matters of land development and subdivision review;
H. 
Protecting the public health, safety and welfare of the Town.
The Planning Commission will base its actions on all subdivisions and land developments on the following considerations:
A. 
Conformance with the Charlestown Comprehensive Plan and all subsequent amendments thereto.
B. 
Conformance with the Charlestown Zoning Ordinance and all subsequent amendments thereto.
C. 
Adherence to best available practices and techniques for site design to provide for a) adequate, and safe circulation of pedestrian and vehicular traffic and emergency services, b) control and minimization of soil erosion and stormwater runoff volume and pollutant load, c) suitable building sites, d) the preservation of natural features, and e) adequate sewage disposal.
D. 
Preservation of the rural character of the Town.
E. 
Protection of the Town's surface and groundwater resources, to prevent degradation of water quality, and where possible, to improve water quality.
F. 
Provision of sufficient open space and recreational facilities to accommodate the projected intensity of use of the proposed site.
G. 
Preservation of natural terrain, vegetation, soils, historical resources, floodplains, wetlands, drainage and reducing the need for cutting and filling on steep grades.
H. 
Minimizing the amounts and costs of necessary roads and utilities.
I. 
Establishing the adequacy of existing public improvements and services in the area including but not limited to water, sewer, drainage, roads, schools, recreation facilities, solid waste, fire and police protection, to serve the proposed subdivision, or evidence that such facilities and services will be provided as part of the proposed subdivision.
J. 
Minimizing flood damage and the potential thereof, with particular attention to all areas located within Zone A1-A30 and V1-V30 as shown on the official Flood Insurance Rate Maps for the Town of Charlestown, R.I., and any amendments to said maps.
K. 
Encouraging energy efficiency of building design, lot layout, etc.
A. 
These rules and regulations shall be applicable in all of the following instances.
1. 
In all cases of subdivision of land in the Town, as defined in Section 2.2, Terms Defined.
[Amended 12-20-2023]
2. 
In all cases of land development projects, as provided for in R.I. General Law Section 45-24-47 of the Zoning Enabling Act of 1991.
3. 
In all cases of development plan review, as provided for in R.I. General Law Section 45-24-49 of the Zoning Enabling Act of 1991.
B. 
Plats Required.
1. 
All activity defined above shall require a plan, drawn to the specification of these Regulations, and shall be reviewed and approved by the Planning Commission or its agent; and
2. 
Prior to recording, the approved plan shall be submitted for signature and recording as specified in Section 3.5, Recording, of these Regulations.
A. 
These regulations are hereby found by the Charlestown Planning Commission to be consistent with the Town of Charlestown Comprehensive Plan adopted May 4, 2021, as may be amended from time to time. The purposes stated in Section 1.2, Purpose, are consistent with the goals, policies, procedures, maps, and other policy statements in the Plan and are consistent with the Charlestown Zoning Ordinance, as may be amended from time to time.
[Amended 12-20-2023]
B. 
In the instance of uncertainty in the application of any section of these Regulations, these Regulations shall be construed to implement, and not be contrary to, the adopted Comprehensive Plan. Furthermore, these Regulations shall be construed in a manner consistent with the legislative findings, intents, and purposes of the R.I. Land Development and Subdivision Review Act of 1992.
C. 
In their interpretation and application, these Regulations shall be held to be the minimum requirements. More stringent provisions may be required if, in the Planning Commission's opinion that, stricter standards are necessary to promote the public health, safety and general welfare.
D. 
These regulations are not intended to supersede, abrogate, or interfere with any provisions of any other ordinance or law of the Town of Charlestown. In the event of a conflict between general regulations and a specific regulation applicable, the more restrictive regulation shall be controlling.
[Amended 12-20-2023]
Any land development, development plan review or subdivision submitted after January 1, 2024 shall conform to the provisions of these Regulations. Nothing herein contained shall impair the validity of any plan/plat legally recorded prior to the effective date of these Regulations.
[Amended 12-20-2023]
The Planning Commission shall determine vested rights upon submission of a written request from an applicant. Complete applications which have been submitted to the Commission in accordance with the Subdivision Regulations in effect prior to January 1, 2024, may be continued to be reviewed by the Planning Commission and approved under those regulations in accordance with the following:
A. 
Final Approvals. Any subdivision which, at the time of adoption of these amendments, has received final approval or final approval with conditions may record said plans in accordance with the Subdivision Regulations in effect at the time final approval was granted. All requirements of approval applicable to the subdivision shall continue to be a condition prior to the recording of the final plat.
B. 
Preliminary Approvals. Any subdivision which, at the time of adoption of these amendments, has received preliminary approval or preliminary approval with conditions may construct the development and file final plans in accordance with the Subdivision Regulations in effect at the time preliminary approval was granted.
C. 
Other Status. Any subdivision which at the time of adoption of these Regulations, has not received final or preliminary approval; or an incomplete application has been reviewed by the Commission for preliminary approval, but no approval has been granted; or for which only pre-application review(s) have been conducted shall be required to be reviewed under the provisions of these Regulations.
[Amended 12-20-2023]
A. 
Duties and Responsibilities. The administration of these Regulations shall be the responsibility of the Administrative Officer, who shall have the following duties:
1. 
To oversee and coordinate the review, approval, and administrative procedures of these Regulations, including coordination with adjacent communities as is necessary to be consistent with applicable federal, state and local laws.
2. 
To oversee and coordinate the enforcement of these Subdivision Regulations. The Administrative Officer shall be responsible for assisting with the enforcement by other local officials responsible for the enforcement of particular sections of these Regulations, and to bring to the attention of the Town Solicitor any violations or lack of compliance of these Regulations.
B. 
Qualifications. The Administrative Officer shall have training and/or experience in the administration of land use and environmental regulations, a strong familiarity with state land use laws, and a minimum of five years' experience in the areas of land use planning and site plan and development plan review; or otherwise be considered qualified to perform in a satisfactory manner by the Charlestown Planning Commission. The Administrative Officer may be an employee of the Charlestown Planning Department or Building/Zoning Department, a member of the Charlestown Planning Commission or an appointed official of the Town.