Where words or phrases used in these Regulations are defined
in the definitions section of either: the Rhode Island Comprehensive
Planning and Land Use Regulation Act of 1988, the Zoning and Enabling
Act of 1991, the Charlestown Zoning Ordinance, or the Rhode Island
Land Development and Subdivision Enabling Act of 1992, they shall
have the meanings stated therein.
The following terms, for the purposes of these Regulations,
shall have the meaning herein indicated.
The American Association of State Highway and Transportation
Officials.
One whose property abuts at a border, boundary, or point
with no intervening land.
The municipal official designated by the local regulations
to administer the land development and subdivision regulations, to
review and approve qualified applications and/or coordinate with local
boards and commissions, municipal staff and state agencies as set
forth herein. The Administrative Officer may be a member of, or the
chair of, the Planning Commission, an employee of the municipal planning
or zoning departments, or an appointed official of the municipality.
[Amended 12-20-2023]
Re-subdivision of existing lots which yields no additional
lots for development, and involves no creation or extension of streets.
This subdivision only involves division, mergers, mergers and division,
or adjustments of boundaries of existing lots.
[Amended 12-20-2023]
An aggrieved party, for the purposes of these Regulations
shall be:
Any land of five contiguous acres or larger that by reason
of soil suitability or other natural characteristics is suitable for
agriculture as defined in R.I. General Laws 45-22.2-4.
An owner or an authorized agent of the owner submitting an
application.
The completed form and all accompanying documents, exhibits,
plans, and fees required by these Regulations for 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, which shall be the local zoning board of review
constituted as the board of appeal.
[Amended 12-20-2023]
Engineering, landscaping and site design techniques that
have been determined to be the most effective, practical means of
preventing or reducing pollution from non-point sources such as pollutants
carried by runoff.
Land which is maintained in either a native or landscaped
state, and is used to screen and/or mitigate the impacts of development
on surrounding properties, rights-of-ways, or uses.
Any structure used or intended for supporting or sheltering
any use or occupancy.
The three dimensional space within which a structure is permitted
to be built upon a lot and which is defined by building setbacks,
maximum height, bulk, or other regulations, and/or any combination
thereof.
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
review process.
[Amended 12-20-2023]
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, agriculture, and/or preservation
of environmentally, historically, culturally, or other sensitive features
and/or structures. Under cluster development there is no increase
in the number of lots over that which would be permitted under conventional
development.
Also known as "shoreline feature," as identified in Section
210 of the R.I. Coastal Resources Management Program, as amended.
Coldwater fishery means waters in which naturally occurring
water quality and/or habitat allow the maintenance of naturally reproducing
indigenous coldwater fish populations.
[Added 11-2-2022]
All the policies and proposals for the future growth and
development of the Town contained in a report entitled Charlestown
Comprehensive Plan, adopted May 4, 2021, and all pursuant
amendments or modifications adopted thereto pursuant to R.I. General
Laws 45-22.2.
[Amended 11-2-2022]
A drawing with accompanying information showing the basic
elements of a proposed land development plan, site plan, or subdivision
as used for pre-application meetings, early discussions, and classification
of the project.
The site planning and design process used to implement cluster
subdivisions and land developments. Conservation development guides
growth to the most appropriate areas within a parcel of land to avoid
and minimize impacts to natural, cultural or recreational resources
and other special features of the property, manages stormwater utilizing
Low Impact Development (LID) techniques, and requires the set-aside
of a permanent area of open space. This technique is further described
in the Rhode Island Conservation Development Guidance Manual (DEM
2003). See Section 4.5 of these regulations.
[Amended 11-2-2022]
Important forest and rare habitat areas that have been defined
and mapped by DEM in their Wildlife Action Plan. These areas include:
[Added 11-2-2022]
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(1)
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Ecological land units
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(2)
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High value high vulnerability habitat
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(3)
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Natural Heritage sites
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(4)
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Core forests 250 acres or greater
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(5)
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Wildlife corridors
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[Amended 11-2-2022]
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(1)
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Freshwater wetlands, as defined by R.I.G.L. § 2-1-20
(1987), as amended, and any definitions contained in the rules and
regulations governing the Administration and Enforcement of the Freshwater
Wetlands Act, adopted pursuant to R.I.G.L. § 2-1-20.1.,
as amended.
| |
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(2)
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Water bodies.
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(3)
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Land located in any Special Flood Hazard Area or floodway, as
shown on the Flood Insurance Rate Maps or floodway maps of the Town
of Charlestown, dated October 16, 2013, and any revisions thereto.
| |
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(4)
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The following types of coastal features as defined in the RI
Coastal Resources Management Program, as amended:
| |
|
CRMP Section
|
Type of Coastal Feature
| |
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210.1
|
Coastal beaches
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210.2
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Barrier islands and spits, undeveloped
| |
|
210.3
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Coastal wetlands
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210.4
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Coastal headlands, bluffs and cliffs
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210.5
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Rocky shores
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210.6
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Manmade shorelines
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210.7
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Dunes
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|
(5)
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Any area of the tract proposed to be developed equal to the
area of any street, common private way, structural stormwater treatment
practice not suitable for on-lot use due to safety and/or maintenance
access needs, and/or utility rights-of-way, including drainage, gas
or electrical power line easements.
| |
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(6)
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Any area of ledge and/or rock outcrops within four (4) feet
of surface.
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(7)
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Cemeteries and required buffers, sites having historical or
archeological value as determined by RI Historical Preservation and
Heritage Commission or the Narragansett Indian Tribal Council, and
sites supporting federally endangered species of fauna or flora.
| |
Contributions of cash when requirements for mandatory dedication
of land are not met because of physical considerations of the site
or other reasons.
The number of dwelling units per unit of land.
Design or site plan review of a development of a permitted
use. A municipality may utilize development plan review under limited
circumstances to encourage development to comply with design and/or
performance standards of the community under specific and objective
guidelines, for developments including, but not limited to:
[Amended 12-20-2023]
A change in use at the property where no extensive construction
of improvements is sought;
An adaptive reuse project located in a commercial zone where
no extensive exterior construction of improvements is sought;
An adaptive reuse project located in a residential zone which
results in less than nine (9) residential units;
Development in a designated urban or growth center;
Institutional development design review for educational or hospital
facilities; or
Development in a historic district.
A subdivision.
A general term applied to the flow of surface or sub-surface
water from a given area either by gravity or by pumping.
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.
Authorization by a property owner for a specific use of any
designated part of his/her property by another party.
Approval entered in writing by the Chair of the Planning
Commission or the Administrative Officer on an approved plan.
[Amended 12-20-2023]
A person who is registered and lawfully permitted to practice
professional engineering in the State of Rhode Island.
A comprehensive, technical analysis and report by the applicant
which is required to be submitted pursuant to Section 4.4, Environmental
Analysis, of these Regulations.
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.
Detachment and movement of soil, rock, or other mineral or
organic fragments by water, wind, ice, or gravity.
A plan showing the devices and management practices placed,
constructed on, or applied to the landscape that prevents or curbs
the detachment of soil, its movement, and/or deposition. These plans
shall be developed consistent with the guidelines provided in the
"Rhode Island Soil Erosion and Sediment Control Handbook," published
by the USDA NRCS, RIDEM, and the Rhode Island Conservation Committee
as may be amended.
The Federal Emergency Management Agency.
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 Commission and any accompanying
material as required.
As defined in R.I. General Laws 45-22.2-4.
All zones, A, V and floodways, indicating at least 1% chance
per year of damage or hazards due to flooding, as defined by the Federal
Emergency Management Agency and delineated on National Flood Insurance
Program Floodway and Flood Insurance Rate Maps.
The General Laws of the State of Rhode Island, together with
all amending and related General Statutes subsequently enacted. The
General Laws shall be cited in these Regulations as R.I. General Law,
Chapter #, Section #.
The slope of a street or other public ways, specified in
percentage (%) terms.
As defined in R.I. General Law 46-13.1-3.
Any material defined as a "hazard substance" by Section 101
(14) of the {Comprehensive Environmental Response, Compensation and
Liability Act of 1980} (42 U.S.C. 9605) as amended. Hazardous materials
shall also include any hazardous waste, as well as any of the following
materials: acetone, ethanol, ethylene oxide, methanol, methylene chloride
and perchloroethylene.
Any site feature having importance to the history of the
Town, including archaeological features.
An organization that is formed by a development in which
individual owners share common interests and responsibilities for
costs and upkeep of common open space or facilities.
Soils that are saturated, flooded or ponded with water long
enough during the growing season to develop anaerobic conditions in
the upper soil layer.
Those surfaces that cannot effectively infiltrate rainfall
consisting of surfaces such as building rooftops, pavement, sidewalks,
driveways, compacted gravel (e.g., driveways and parking lots).
Any natural or built item which becomes part of, is placed
upon, or is affixed to, real estate.
Facilities and services needed to sustain residential, commercial,
institutional and other activities.
A project in which one or more lots, tracts, or parcels of
land or a portion thereof are developed or redeveloped as a coordinated
site for one or more uses, units, or structures, including but not
limited to, planned development or cluster development for residential,
commercial, institutional, recreational, open space, or mixed uses.
[Amended 12-20-2023]
Minor Land Development Project. A land development project involving
any one of the following:
Seven thousand five hundred (7,500) gross square feet of floor
area of new commercial, manufacturing or industrial development, or
less; or
An expansion of up to fifty percent (50%) of existing floor
area or up to ten thousand (10,000) square feet for commercial, manufacturing
or industrial structures; or
Mixed-use development consisting of up to six (6) dwelling units
and two thousand five hundred (2,500) gross square feet of commercial
space or less; or
Multi-family residential or residential condominium development
of nine (9) units or less; or
Change in use at the property where no extensive construction
of improvements are sought; or
An adaptive reuse project of up to twenty-five thousand (25,000)
square feet of gross floor area located in a commercial zone where
no extensive exterior construction of improvements is sought; or
An adaptive reuse project located in a residential zone which
results in less than nine (9) residential units.
Major Land Development Project. A land development project which
exceeds the thresholds for a minor land development project.
Land exclusive of constraints to development, in accordance
with state law, and exclusive of land considered undevelopable by
means of state regulation (including but not limited to freshwater
and coastal wetlands buffer). Land suitable for development is used
in the application of lot design standards and in the calculation
of required open space for cluster-style developments and is not used
when calculating minimum lot area under zoning or in the calculation
of the number of lots in a yield plan.
[Added 3-24-2021; amended 11-2-2022]
A person who is registered and lawfully permitted to practice
land surveying in the State of Rhode Island.
Either:
The basic development unit for determination of lot area, depth,
and other dimensional requirements, 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.
The proportion of average lot depth to average lot width,
which shall not exceed 2.5 feet of depth for every one foot of lot
frontage.
Any housing or community residence:
|
1.
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Subsidized by the federal or state government under any program
to assist the construction or rehabilitation of low- and moderate-income
housing as defined in the applicable federal or state statute; and
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2.
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Built or operated by:
| |
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a.
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Any public agency or nonprofit organization or limited equity
housing cooperative; or
| |
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b.
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Private developer of low- or moderate-income rental housing
that remains low- and moderate-income housing for a period of not
less than thirty (30) years from initial occupancy.
| |
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3.
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Except tenant-based rental assistance, mortgages and mortgage
insurance where there is not construction or rehabilitation under
a state or federal program.
| |
A comprehensive approach to managing stormwater that is integrated
into a project design to minimize the hydrologic impacts of development.
The LID design process shapes development to fit into the landscape.
The approach to stormwater management focuses on preserving undisturbed
open space and reducing impervious cover, and use of natural systems
to achieve stormwater management objectives to the extent feasible.
The primary goal of LID is to reduce runoff and mimic the predevelopment
site hydrology by using site planning and design strategies to store,
infiltrate, evaporate, and detain runoff as close as possible to the
point where precipitation reaches the ground. Stormwater is managed
in smaller, cost-effective treatment practices located throughout
the development site rather than being conveyed to and managed in
one or more centralized facilities located at the bottom of drainage
areas. Use of these strategies helps to reduce off-site runoff and
ensure adequate groundwater recharge.
[Amended 11-2-2022]
A security which is required and held by the Town Treasurer
to ensure that necessary improvements will function as required for
a specific period of time.[1]
A subdivision creating ten (10) or more buildable lots.
[Amended 12-20-2023]
With regard to a previously undisturbed site, any removal
of vegetation or moving of earth that temporarily leaves underlying
soils exposed and presents the possibility of erosion on a contiguous
area greater than 1,000 square feet. Clearing activities required
for the purposes of maintaining a site or accessing the site for pre-application
purposes such as test pit development, survey, etc. shall not be included
in this definition. Clearing activities performed for emergency purposes
or otherwise performed to protect public health, safety or welfare
by public official shall also not be included in this definition.
An overall plan for a proposed project site outlining general,
rather than detailed, development intentions. It describes the basic
parameters of a development proposal, rather than giving full engineering
details. Required in major land development or major subdivision review
only. It is the first formal review step of the major land development
or major subdivision process and the step in the process in which
the public hearing is held.
[Amended 12-20-2023]
A change to an approved plan to show corrections resulting
from construction activities or refinement of field data. Such changes
typically are degree of slope, vertical curves, angle corrections,
design changes reflecting field conditions, or legal corrections to
survey information.
[2]A subdivision creating nine (9) or fewer buildable lots.
[Amended 12-20-2023]
Approval issued to deviate from the provisions of these regulations
as outlined in Section 10.8, Waivers, Modifications and Reinstatements.
Any parcel or area of land 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 and as may be permitted by these Regulations.
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.
A set of criteria or limits relating to elements which a
particular use or process either must meet or may not exceed.
Any natural person, firm, trust, partnership, association
or corporation.
A portion of a subdivision or a land development to be developed
at a particular time.
Development where construction of public and/or private improvements
proceeds by section(s) subsequent to approval of a master plan for
the entire site, as part of an effort to coordinate population growth
with the availability of facilities and services.
Characteristics of a site 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.
A land development project as defined herein and developed
according to plan as a single entity and containing one or more structures
and/or uses with appurtenant common areas.
Town of Charlestown Planning Commission.
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
these 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.
[Amended 12-20-2023]
A required stage of land development and subdivision review
which generally requires detailed engineered drawings.
[Amended 12-20-2023]
A hearing before the Planning Commission which is duly noticed
in accordance with state law, and which allows public comment.
[Amended 12-20-2023]
Any street or other roadway, sidewalk, pedestrian way, tree,
landscaping, lawn, off-street parking area, drainage feature, or other
facility for which the Town or other governmental entity either is
presently responsible, or will ultimately assume the responsibility
for maintenance and operation.[3]
The Rhode Island Coastal Resources Management Council.
The Rhode Island Department of Environmental Management.
The Rhode Island Department of Transportation.
A boundary line which establishes the area and width of land
within a street or easement.
Solid material, both mineral and organic, that is in suspension,
is being transported or has been moved from its site of origin by
air, water, gravity or ice.
Tidal and inland rivers, streams, creeks, fresh and saltwater
wetlands and marshes, wildlife habitats, beaches, islands, ponds,
aquifers and recharge areas, drainage basins, historic features and
public open space.
The development plan for one or more lots on which is shown
the existing and/or the proposed conditions of the lot.
The unconsolidated mineral and organic matter, such as sands,
silts, clays, stones or humus, on the immediate surface of the earth
that serves as a natural medium for the growth of land plants.
Rhode Island Natural Heritage Program plant species listed
as either state endangered, state threatened, state interest species
of concern, or state extirpated; plant species providing habitat for
animal species listed by the Heritage program in the above mentioned
categories; species such as American Holly (Ilex opaca) and Rhododendron
(Rhododendron maximum) which are at the limits of their natural range;
any species such as American Elm (Ulmus Americana) and American Chestnut
(Castenata dentata) whose population has been drastically reduced
by disease, insects or habitat destruction.
A provision for storage of stormwater runoff and the controlled
release of such runoff during and after a flood or storm event.
Plan describing the proposed methods and measures to prevent
or minimize water quality and quantity impacts associated with a development
project both during and after construction. It identifies selected
LID source controls and treatment practices to address those potential
impacts, the engineering design of the treatment practices, and maintenance
requirements for proper performance of the selected practices.
A system for the removal of surface water from land by drains,
grading, or other appropriate means. These techniques may include
runoff controls to minimize erosion and sedimentation during and after
construction or development, the means for preserving surface and
groundwater quality and the prevention and/or alleviation of flooding.
A provision for storage of stormwater runoff.
A public way established or maintained under public authority,
private ways open for public use, and a private way platted for ultimate
public use, whether constructed or not. Streets are classified by
the functions they perform. See street classification.
An adequate and permanent way of entering a lot.
A street hierarchy identified according to function within
a road system for the purposes of promoting safety, efficient land
use and the design character of neighborhoods and districts. The following
shall be used as major categories:
Arterial. A major street that serves as an avenue for the circulation
of traffic into, out of or around the Town and carries high volumes
of traffic.
Collector. — A street whose principal function is to carry
traffic between local streets and arterial streets but that may also
provide direct access to abutting properties.
Local. Streets whose primary function is to provide access to
abutting properties.
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 with
limited access for abutting property as approved by the public authority
having jurisdiction over the highway.
A thoroughfare established as a separate tract for the benefit
of multiple adjacent properties meeting specific improvement standards
that is not maintained by the Town.
A thoroughfare reserved or dedicated for public street traffic,
dedicated to the Town or state and maintained by the same.
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 of a lot, tract or parcel of land into two or
more lots, tracts, or parcels or any adjustment to existing lot lines.
[Amended 12-20-2023]
Administrative Subdivision. Subdivision of existing lots which
yields no additional lots for development and involves no creation
or extension of streets.
Minor Subdivision. A subdivision creating nine (9) or fewer
buildable lots.
Major Subdivision. A subdivision creating ten (10) or more buildable
lots.
A committee or committees appointed by the Town for the purpose
of reviewing, commenting, approving and/or making recommendations
to the Planning Commission or Administrative Officer, as set forth
in these Regulations.
[Added 12-20-2023]
A method of drainage analysis for large complex watersheds
and systems beyond the scope of "TR-55".
A method of drainage analysis for calculating stormwater
runoff volumes, peak discharge rate and flood storage requirements
for site development between one acre and two thousand acres.
Land in its natural state before development.
A condition that creates, imposes, aggravates, or leads to
inadequate, impractical, unsafe, or unhealthy conditions on a site
for development or on off-tract property or facilities.
The United States Army Corps of Engineers.
The right to continue with an application for development
under the Subdivision Regulations applicable at the time the application
was submitted and deemed complete. It is also the right to continue
the development of an approved project for a specified period of time,
under the Subdivision 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.
As defined in R.I. General Laws 46-12-1(23).
The critical portion of a three-dimensional zone, surrounding
a public well or wellfield through which water will move toward or
reach such well or wellfield as designated by the RIDEM.
As defined in R.I. General Laws 45-22.2-4.
As defined in R.I. General Laws 45-22.2-4.
A plan of development which demonstrates the maximum density
(number of lots or units) of a given parcel of land based on its zoning
designation, and meeting all environmental and dimensional regulations.
A yield plan is used to determine the acceptable density of a cluster
or conservation development subdivision by showing the development
that could reasonably be achieved under a conventional subdivision.
A yield plan must be approved by the Planning Commission and meet
the standards contained in Section 4.3 of these regulations.
[Amended 11-2-2022]
The Charlestown Zoning Ordinance enacted by the Charlestown
Town Council and all amendments or revisions pursuant thereto.
[1]
Editor's Note: The definition of "major land development plan,"
which immediately followed this definition, was repealed 12-20-2023.
[2]
Editor's Note: The definition of "minor land development plan,"
which immediately followed this definition, was repealed 12-20-2023.
[3]
Editor's Note: The definitions of "public informational meeting"
and "re-subdivision," which immediately followed this definition,
were repealed 12-20-2023.
