In order for an item to be placed on the Planning Commission
agenda, a written request and all materials must be submitted to the
Planning Office at least three (3) weeks prior to the next regularly
scheduled meeting. Applications not certified complete will not be
placed on the agenda. The Planning Commission may limit the number
of items to be considered at any monthly meeting as a part of the
Commission's operating rules.
The Administrative Officer and the Planning Commission shall
base their actions on requirements within these Regulations and shall
make positive findings on the considerations listed below, as part
of a project's record prior to approval. The Administrative Officer
and the Planning Commission shall have the authority to make special
conditions of approval which insure a project's conformance with the
general purposes of these Regulations.
A.
That the proposed application is consistent with the current Comprehensive
Plan and all subsequent amendments thereto;
B.
That the proposed application is consistent with the Charlestown
Zoning Ordinance and all amendments thereto;
C.
That there will be no significant negative environmental impact from
the proposed application based on the plans, information submitted,
and sworn to by the applicant, with all required conditions for approval.
D.
That the application will not result in the creation of individual
lots with physical constraints to development such that building on
such lots would be impractical or impossible.
E.
That all proposed lots have adequate and permanent physical access
to a street which has been dedicated to and/or will be accepted by
the Town Council.
F.
That the application has preserved the natural terrain and drainage
flow patterns to the maximum extent practicable and has utilized stormwater
management techniques that mimic natural hydrology consistent with
Section 11.8 of these regulations. In no case shall an application
propose a design that increases flooding onto an adjacent property.
G.
No individual lot shall be located or designed in a manner that will
result in flooding on that lot unless standing water is intended as
part of a stormwater BMP (i.e., bioretention facilities, constructed
wetlands, etc.). No individual lot or stormwater BMP shall be located
or designed such that groundwater mounding would negatively impact
on-site utilities or structures.
H.
That the application has provided sufficient recreation areas and
open space to accommodate the increased population resulting from
approval of the development or has provided sufficient fees-in-lieu
of land dedication.
I.
That the application has designed the development with the most economical
and efficient road, utilities, and land usage.
J.
That based on the information submitted that adequate public services
exist or will be installed as part of the development.
K.
That the special requirements of these Regulations and any rules
of the RI DEM and RI CRMC, and/or any other appropriate state or federal
agencies have or will be met.
L.
That the existing public improvements and services in the area including,
but not limited to water, septic, drainage, roads, schools, recreation,
planning, fire, and police to service the proposed application are
adequate or evidence that such public facilities and services necessary
to the application will be either provided as part of the proposed
improvements or an impact fee will be paid to avoid excess demand
or unmitigated impacts on such services and facilities.
[Amended 3-25-2015; 12-20-2023]
A.
Administrative
Fees
An administrative fee shall be applied to offset the expense
of review by the Planning Commission and town departments with regard
to all subdivision and land development applications. The fee shall
be paid at the time of the submittal of the application. Any application
filed without this fee shall be deemed incomplete and no review work
by the Town shall commence until the fee has been paid in full.
Administrative fees are separate from, and in addition to, fees
imposed by the Town Clerk for the recording of plats and other documents
in the Land Evidence Records, as described in Section 3.5 below.
The following administrative fees are established for the processing
and review of applications. When approved by the Planning Commission,
the application for a combined preliminary/final plan shall pay the
preliminary plan review fee only.
|
Submission
|
Fee
| ||
|---|---|---|---|
|
*Plan believed not to require approval
|
no charge
| ||
|
*Pre-application:
| |||
|
Minor Land Development Project
|
$200
| ||
|
Minor Subdivision
|
$200
| ||
|
Major Land Development Project
|
$300
| ||
|
Major Subdivision
|
$300
| ||
|
*Administrative Subdivision Plan:
|
$250
| ||
|
*Master Plan:
| |||
|
Major Land Development Project
|
$500 plus $100 per new unit or per 2,000 SF of new space
| ||
|
Major Subdivision
|
$500 plus $100 per new lot
| ||
|
*Preliminary Plan:
| |||
|
Minor Subdivision
|
$400 plus $100 per new lot
| ||
|
Major Subdivision
|
$500 plus $100 per new lot
| ||
|
Land Development Project
|
$500 plus $10 per new unit or per 2,000 SF of new space
| ||
|
*Final Plan:
| |||
|
Minor Subdivision
|
$400
| ||
|
Minor Land Development Project
|
$400
| ||
|
Major Subdivision
|
$800 plus $50/lot
| ||
|
Major Land Development Project
|
$800
| ||
|
*Amendment(s) to Approved Plans:
| |||
|
Administrative Subdivision
|
$100
| ||
|
Minor Change
|
$200
| ||
|
Land Development Project
|
$400
| ||
|
Major Change
|
$800
| ||
B.
Project Review Fees. In addition to the administrative fee for all
subdivisions and land development projects, the Planning Commission
may impose a project review fee on those applications which require,
in the judgment of the Planning Commission, review by outside professional
consultants due to the size, scale or complexity of a proposed project;
the project's potential impacts; or because the Town lacks the necessary
expertise to perform the review work required for project approval.
1.
Services. In hiring outside consultants, the Town may engage engineers,
planners, scientists, landscape architects, architects, attorneys
or other appropriate professionals able to assist the Planning Commission
and to ensure compliance with all relevant laws, ordinances, and regulations.
Such assistance may include, but shall not be limited to:
a.
Analysis or design review of an application to determine consistency
with the Charlestown Comprehensive Plan;
b.
Review and identification of site features including fresh and
saltwater wetlands, significant trees or stands of trees, wildlife
habitats, archeological sites and historically significant structures
and sites;
c.
Soil or water sampling and testing;
d.
Assessing the environmental, archaeological and/or historic
impacts of a proposed development, with recommendations for mitigation;
e.
Review of all proposed design elements, including roads and
stormwater management systems;
f.
Traffic studies;
g.
Review of landscaping plans and other proposed site amenities;
h.
Review of building architecture and design; and
i.
Review of lighting to ensure compliance with the Town's Dark
Sky Ordinance.
2.
Assignment of Fee. The Planning Commission may request such professional
project review at any stage of a proposed subdivision or land development
project, although efforts will be made to identity such a need at
the time of master plan review for a major subdivision or land development
project, or preliminary plan review for a minor subdivision or land
development project. As part of the public record, the Planning Commission
will indicate what outside professional services will be contracted,
as well as the specific scope of the review.
3.
Total Fee. The total fee shall equal the actual cost to the Town
of Charlestown for the professional consultant services. Project review
fees are separate from, and in addition to, fees imposed by the Town
for inspecting a project during construction or implementation as
provided in Section 11.12.
4.
Special Account. Project review fees are to be deposited into a special
account as established by the Treasurer for the Town of Charlestown.
Outside consultants retained by the Town to assist in the review of
an application shall be paid from this account. When the balance in
an applicant's escrow account falls below twenty-five percent (25%)
of the initial professional project review fee, as imposed above,
the Planning Commission may require a supplemental fee to cover the
cost of the remaining project review.
[Amended 12-20-2023]
The following time periods are hereby established for these
Regulations:
|
Submission
|
Complete
Application Review
|
Approval
or Denial
|
Approval
Expires at
| |
|---|---|---|---|---|
|
Administrative Subdivision:
| ||||
|
Administrative Review
|
15 days
|
15 days
|
90 days
| |
|
Planning Commission Review
|
15 days
|
65 days
|
90 days
| |
|
Minor Subdivision:
| ||||
|
Preliminary Plan (no street or unified development review)
|
15 days
|
65 days
| ||
|
Preliminary Plan (with street or unified development review)
|
25 days
|
95 days
| ||
|
Final Plan
|
same
|
25 days
|
1 year
| |
|
Major Subdivision:
| ||||
|
Master Plan (Public hearing required)
|
25 days
|
90 days
|
2 years
| |
|
Preliminary Plan (public meeting required)
|
25 days
|
90 days
|
2 years
| |
|
Final Plan
|
15 days*
|
45 days
|
1 year
| |
|
More detail on time periods are contained in the respective
chapters for each category of subdivision.
|
Under the provisions of the Rhode Island Land Development and
Subdivision Review Enabling Act of 1992 and these Regulations, no
plan of a subdivision, or portion thereof, shall be filed or recorded
with the Town Clerk until the following conditions are met:
A.
Endorsement. The Chairman or the Administrative Officer shall sign
the plan to be recorded certifying that the requirements of these
Regulations have been met and affix the date of final approval. The
materials to be recorded for all plans and plats shall include all
plans, notes, and any other information as required by the Planning
Commission.
B.
Payment of Taxes. The applicant shall affix to the plan to be recorded
a certificate from the Charlestown Tax Collector and appropriate Fire
District that all taxes due on the land described on the plat for
the period of five years preceding the date of such application have
been paid.
Minor changes may be approved by the Administrative Officer.
Such changes may be authorized at the discretion of the Administrative
Officer. The Administrative Officer has the right to refer the proposed
changes to the Planning Commission. Denial of minor changes can be
appealed to the Commission. Major changes may be approved by the Commission
after a public hearing is described in Section 10.6, Public Hearings,
of these Regulations.
