The applicant, at his own expense, shall construct all streets
and improvements where required by these Regulations.
The following design standards shall be followed for safety,
efficiency, minimized environmental impact, livability of residential
environment, and economy of land use where applicable in the design
and construction of any subdivision or land development project:
A.
Frontage on Improved Roads. No subdivision shall be approved unless
the area to be subdivided meets one of the following criteria:
[Amended 3-25-2015]
1.
Has frontage on an existing state- or town-maintained road that has
been dedicated to the public and accepted by the Town.
2.
Has the minimum frontage on a private street that existed prior to
September 21, 1982, and which has had private arrangements established
for the maintenance of the private street(s) since September 21, 1982
and which private arrangements remain in existence at the time of
application for subdivision and which arrangements continue to provide
for the permanent, long-term maintenance of the street(s).
3.
Has received approval for a residential compound as defined by the
Charlestown Zoning Ordinance.
4.
If such an existing street has not been improved to the standards
of these Regulations, the Planning Commission shall require the applicant
to make certain improvements along the street where necessary. See
Section 4.2, Off-Site Improvements. All such improvements are required
prior to final approval of a subdivision. Streets platted, but not
improved or accepted for maintenance by the Town or not improved or
maintained by an existing association, shall not be considered as
existing improved public streets. Where these streets are incorporated
or abut an application they shall be improved by the applicant to
meet the standards of these Regulations.
B.
Topography and Layout.
1.
Street layout shall consider the existing street system and conform
to the Comprehensive Plan. Limited access to arterial roads and highways
shall be required for safety purposes.
2.
Street alignment shall follow the natural terrain and topography
and no unnecessary cuts or fills shall be allowed. Horizontal curves
shall have a minimum radius of one hundred (100) feet. The combination
of steep grades and curves shall be avoided. Vertical curves shall
be limited to a maximum of one hundred and fifty (150) feet.
3.
The use of gridiron street patterns will not be permitted. The use
of curvilinear streets, reverse curves, cul-de-sacs, or U-shaped streets
will be encouraged where such use will result in a more aesthetic
layout.
4.
All streets shall be related to population densities, and to existing
and proposed land uses.
5.
All streets shall be laid out to permit effective drainage and utility
systems, and to provide the minimum length of roadway necessary for
safe access to property.
6.
The Planning Commission may require street systems to have two principal,
immediate or future, means of access for developments of more than
fifteen lots unless the applicant can demonstrate that two access
points are not feasible due to environmental constraints. Proposed
streets shall provide for their continuation or projection to intersect
with existing streets or to adjacent vacant property in order that
such streets may be extended at a future time.
7.
The maximum continuous run of a street segment that does not reverse
grade shall be five hundred (500) feet. A short up slope bench shall
be provided whose crest is six (6) inches higher than its trough,
with drainage inlets on each side of the bench to intercept runoff
from the proceeding run.
8.
Grades of minor, local residential streets shall not be less than
0.5% nor more than 8%. Arterial streets shall not exceed 6% in grade
nor be less than 0.5% in grade.
C.
Street Classification. Street design shall conform to a street hierarchy
system as established herein. The right-of-way width and pavement
width, on-street parking, drainage and other public improvement design
standards shall be tailored to the street's function. The categories
of street classification are established in Table 11.1.
|
TABLE 11.1
STREET CONFIGURATIONS****
| |||||||
|---|---|---|---|---|---|---|---|
|
Street Type
|
Paved Lane
|
Graded Shoulder**
|
Paved Parking***
|
Total Paved
|
Right of Way
|
Sidewalk
|
Curbs
|
|
Arterial/ Collector
|
14'
|
12'
|
--
|
26'
|
50'
|
Optional
3' minimum
|
Optional*
|
|
Local/ Minor
|
12'
|
10'
|
--
|
24'
|
50'
|
Optional
3' minimum
|
Optional*
|
|
Industrial/ Commercial
|
12'
|
--
|
8'
|
24'
|
50'
|
Optional
3' minimum
|
Optional*
|
|
Cul-de-sac
|
12'
|
10'
|
--
|
24
|
70' outside radius
|
Optional
3' minimum
|
Optional*
|
|
*As drainage, pedestrian or traffic control require.
|
|
** Optional - as drainage, pedestrian or traffic control
require.
|
|
***Optional, depends on project/community needs.
|
|
**** The Planning Commission may consider reducing
pavement and right of way widths where principles of Conservation
Development are proposed.
|
|
Note: See Figures 11.1 to 11.4[1]
|
|
TABLE 11.2
STREET CONSTRUCTION STANDARDS***
| |||||
|---|---|---|---|---|---|
|
Street Type
|
Gravel Borrow
|
Crushed Gravel
|
Mod. Bituminous
Base Course
|
Modified Binder*
|
Surface Course**
|
|
Arterial/Collector
|
16"
|
2"
|
3"
|
2"
| |
|
Local/Minor
|
14"
|
2"
|
3"
|
2"
| |
|
Industrial/
|
18"
|
2"
|
3"
|
2"
|
2"
|
|
*R.I. Spec. M.03.01 Bituminous Concrete
|
|
**Medium texture type I-1 R.I. Spec. M.03.01 Bituminous Concrete
|
|
***All dimensions are depths after compactions by a 15 ton roller.
|
|
Note: See Typical Street Cross-section, Figure 11.2[2]
|
[1]
Editor's Note: Figures 11.1, 11.2, 11.3a, 11.3b, 11.4, 12.1 and 12.2 are included as attachments to this chapter.
[2]
Editor's Note: Figures 11.1, 11.2, 11.3a, 11.3b, 11.4, 12.1 and 12.2 are included as attachments to this chapter.
D.
Blocks. Blocks shall be designed to allow traffic to move with ease
and to provide safety to pedestrians and motorists.
E.
Access to Arterial Streets. Where a subdivision borders on or contains
an existing or proposed arterial road, no frontage lots or access
for individual lots from the arterial road shall be allowed. Screening
shall be provided in a twenty (20) foot strip of landscaped land along
the rear or side property line of lots which abut an arterial road.
F.
Dead End Streets.
Dead end streets which cannot be extended shall have at their
termination a cul-de-sac with a minimum outside radius of seventy
(70) feet and shall be clearly marked at their entrances. Where a
proposed street is to provide access to adjacent property, the Planning
Commission shall require a temporary turnaround until such time as
the adjacent tract is developed and the street extended. When the
street is extended, the temporary turnaround will be reconfigured
to match the paved width of the street. Dead end streets shall be
limited in length as determined by the Planning Commission. See Figures
11.1, 11.4.a, and 11.4.b.[3]
If presented for permitting, cul-de-sacs shall include landscaped
islands in the center to reduce their impervious cover. The following
design criteria for cul-de-sacs and dead end streets shall be considered:
|
•
|
Utilize the landscaped island for stormwater management (e.g.,
bioretention area).
| |
|
•
|
Reduce the radius of the turnaround bulb or consider alternative
cul-de-sac design, such as "tee" and "hammerheads" turn-a-rounds for
streets 200 feet or shorter in length, or looping lanes.
|
[3]
Editor's Note: Figures 11.1, 11.2, 11.3a, 11.3b, 11.4, 12.1 and 12.2 are included as attachments to this chapter.
G.
Street Names. An extension of an existing street shall have the same
name as the existing street. Names of other proposed streets shall
be different from any existing street name in the Town.
H.
Reserve Strip. The creation of reserve strips of land, or any physical
barrier intending to control access to a street or land dedicated
for other public use will not be permitted.
I.
Street Trees. Street layout and design shall follow natural terrain
to maximize preservation of existing trees and vegetation. Where existing
tree growth is determined to be insufficient, the Commission shall
require the applicant to plant street trees appropriate for the terrain,
soil, and climatic conditions encountered on the site. Existing features
such as woodlands, wetlands, cemeteries, wildflower sites, archeological
sites, areas of unique botanical interest and similar irreplaceable
assets shall be preserved in the design of the subdivision. Street
trees shall be planted in accordance with the following conditions.
[Amended 12-20-2023]
1.
Location. Street trees shall be located on the portion of building
lots within ten feet of the street right-of-way line. No street trees
shall be located that interfere with overhead or underground utility
lines or be planted any closer than seven feet from the edge of any
pavement.
2.
Spacing. Trees shall be planted at intervals no closer than forty
feet, and no further than eighty feet, measured between trunks. Trees
shall not be located within thirty feet of intersecting rights-of-way
lines. The species and size of such trees must be approved by the
Planning Commission at the time of preliminary approval. The Commission
or Administrative Officer may consult with a qualified arborist or
other expert on recommendations for proposed street trees.
3.
Size. Approved species shall be no less than two inches caliper measured
one foot from ground level in place and eight feet of height in place.
Street trees shall be of licensed nursery stock. Street trees shall
be balled and burlaped with good root development and branching characteristics.
No bare root stock shall be permitted.
4.
Planting. Street trees shall be planted in holes at the same depth
as the root ball and two to three times wider. If soil is extremely
poor, it should be replaced with good quality top soil, amended as
necessary. Street trees shall be securely triple-staked with stakes
of a minimum size of two inches by two inches by six feet. See Figure
11.5, Tree Planting.
5.
Inspection. A qualified arborist or other expert shall inspect all
street tree plantings and report to the Director of Public Works if
the proper planting techniques and maintenance have been followed.
6.
Species. Sustainable plant species are preferred for their tolerance
of drought and dry soils, resistance to wind damage, and tolerance
of ocean, roadside or aerial salt. Native species are strongly preferred
in most instances. Applicants can refer to University of Rhode Island
Cooperative Extension and Rhode Island Natural History Survey for
advice and current information. No invasive or potentially invasive
species are to be used.
J.
Street Signs. Street signs shall be erected at applicant's expense
as contained in the "U.S. DOT - Manual on Uniform Traffic Control
Devices" and as approved by the Director of Public Works.
K.
Street Intersection.
1.
All street center lines shall coincide precisely at intersections
or shall be offset at least 125 feet between centerlines. No more
than two streets can intersect at any intersection.
2.
Street center lines shall intersect at ninety degree angles. Lesser
angles between seventy-five degrees and ninety degrees may be approved
by the Planning Commission if demonstrated a more efficient site layout
is accomplished without impacting traffic safety.
3.
Intersections shall be designed with a section of street at or near
level grade at the approach to the intersection. A maximum grade of
two (2) percent is required for two hundred (200) feet back from the
intersection right-of-way.
4.
Intersection right-of-way lines shall have rounded corners. The right-of-way
radius shall be ten (10) feet and the curb radius for pavement shall
be twenty (20) feet.
5.
Lots at intersections shall be graded to provide adequate sight distance
for motor vehicles approaching the intersection.
L.
Private Streets. Private streets shall not be permitted except for
such existing private streets that were established and existed prior
to September 21, 1982, and which had private arrangements for the
maintenance of the private street(s) since September 21, 1982, or
as a residential compound private way; see Section 12.10.
[Amended 3-25-2015]
M.
Street Lighting. Full cut-off street lighting shall be installed
at the applicant's expense where required by the Director of Public
Works.
N.
Street Surfacing. Street rights-of-way and pavement widths shall
not be less than those prescribed in Table 11.1. Pavement shall be
measured between the inner faces of the curbs, berms, or shoulders
as applicable, and centered between right-of-way lines. (See Figure
11.2)[4]
[4]
Editor's Note: Figures 11.1, 11.2, 11.3a, 11.3b, 11.4, 12.1 and 12.2 are included as attachments to this chapter.
O.
Landscaping Standards.
1.
Required Landscaping. Landscaping shall be required for a subdivision
or land development projection. The landscaping design shall be used
to integrate the various elements of site development and create a
pleasing aesthetic identity for the site. Landscaping shall include
plant materials such as trees, shrubs, ground covers, grass, flowers,
etc. and may include other materials such as rocks, ledges, wetlands,
stone walls, decorative paving materials, planters, signage, and street
furniture. Areas which will be required to be landscaped shall include,
but are not limited to, the following:
2.
Stormwater BMP Landscaping. Selection of vegetation for stormwater
BMP landscaping shall be consistent with the guidance provided in
Appendix B of the Rhode Island Stormwater Design and Installation
Standards manual as may be amended.
P.
Engineering and Land Surveying. Where these Regulations mandate the
applications be prepared by Rhode Island Registered Professional Engineers
and/or Land Surveyors, all such applications shall be prepared according
to existing and amended standards of the State of Rhode Island Providence
Plantations Board of Registration for Professional Engineers and Board
of Registration for Land Surveyors.
A.
Lot Arrangement and Access.
1.
The lot layout shall be such that there will be no environmental
constraints or constraints to physical access on any lots. All lots
shall be in compliance with the regulations of the RI DEM, and the
RI CRMC.
2.
Lots shall not derive access from an arterial or collector street
unless otherwise determined by the Commission. Where driveway access
from an arterial or collector may be necessary for several existing
adjoining lots, the Planning Commission shall require that such lots
be served by a common access drive in order to limit traffic hazards
on such roads.
B.
Lot Dimensions.
1.
All lots shall conform to the minimum dimensional requirements of
the Charlestown Zoning Ordinance established for the district within
which the site is located and shall be designed so as to contain the
minimum land area required exclusive of land unsuitable for development.
2.
All lots shall have a minimum contiguous area of land suitable for
development with direct and unconstrained access to the street from
which the lot takes its frontage and which is the area intended for
development as follows:
[Added 3-24-2021]
3.
All residential conservation development subdivision lots created under the provisions of Section 4.5 of these regulations shall have the minimum lot area required per Section 218-52 of the Charlestown Zoning Ordinance that consists entirely of contiguous land suitable for development.
[1]
Editor's Note: This ordinance also provided for the renumbering
of former Subsection B2 through 6 as Subsection B4 through 8, respectively.
4.
Lots shall have no interior angles of more than two hundred degrees.
5.
The proportion of average lot depth to average lot width shall not
exceed two and one half (2.5) feet of depth to one foot of frontage.
6.
Side lot lines shall be as near right angles or radial to street
lines, unless the Planning Commission determines that a variation
from this standard will provide a better lot layout design.
7.
The minimum lot dimensions established by the Zoning Ordinance may
be increased by the Planning Commission if larger lot dimensions are
needed for the safe and effective operation of individual sewage disposal
systems. Lots in areas where public water is not available shall be
of such area, shape, and dimensions as will allow the operation of
individual sewage disposal systems in such a manner that the existing
and future water supplies of said lots and all surrounding lots provide
potable drinking water.
8.
Lots not approved for septic system suitability by the RI DEM will
not be approved for a subdivision or land development project.
C.
Lot Frontage and Setback Requirements.
1.
All lots shall abut an existing or a proposed public street dedicated
to the public and maintained by the town or state or have the minimum
frontage on a private street that existed prior to September 21, 1982
and which had private arrangements established for the maintenance
of the private street(s) since September 21, 1982 and which had private
arrangements remain in existence at the time of application for subdivision
and which arrangements provide for the permanent, long-term maintenance
of street(s). Residential lots shall front on local minor streets
only.
2.
Other than at corners, lots shall abut only one existing or proposed
street. Through lots which front on two streets shall not be permitted.
3.
Building envelopes shall be established and indicated for all lots
and such lines shall run parallel to the street right-of-way line
and lot lines.
4.
Long, narrow lots shall not be approved. Unusual shapes, angles and
dimensions shall be avoided in lot layout and design. The Commission
and Administrative Officer have the authority for any application
submitted under these regulations to require modifications to the
proposed lot layout to achieve the purposes of these Regulations.
D.
Curb Cut Standards.
1.
One curb cut shall be permitted per lot and shall be approved by
the Director of Public Works.
2.
Curb cuts for lots shall not be located any closer than twenty-five
(25) feet to an intersection.
3.
Curb cuts are prohibited for any corner lot on any arterial streets.
4.
Curb cuts shall be prohibited across required buffer or easement
areas.
The Planning Commission shall require the provision of easements
for the placement of improvements. The Commission may require the
dedication of land to the Town in lieu of easements if such dedication
would provide greater control over and access to the intended use.
Any such easement shall have a width in accordance with the following
minimum standards:
|
TABLE 11.3
| |
|---|---|
|
Type of Easement
|
Easement Width
|
|
Sanitary sewer
|
20 feet
|
|
Storm drains
|
20 feet
|
|
Water and gas mains
|
15 feet
|
|
Underground conduits and cables
|
15 feet
|
|
Pedestrian
|
10 feet
|
|
Stormwater Management
|
as necessary
|
|
All other purposes
|
as necessary
|
A.
Drainage Easements. Where aboveground drainage flows are directed
over private property and where publicly owned and maintained stormwater
management systems outfall on private land, a drainage easement shall
be dedicated to the Town over the entire area. Easement into and upon
aboveground drainage facilities such as stormwater BMPs shall be granted
to the Town wherever stormwater from Town-owned streets or other improvements
is directed to such facilities.
B.
Grading Easements. The Planning Commission shall require the dedication
of an easement to the Town in order to grade or to maintain grading
on private property where such grading is necessary to establish or
maintain adequate drainage or sight distances.
C.
Sight Distance Easements. The Planning Commission shall require the
dedication of an easement to the Town in order to establish or maintain
adequate sight distances for vehicular traffic. The dedication of
an easement may be required, which would prohibit the erection or
maintenance of any structure, tree, shrub, wall, earthen embankment,
hill or any other visual obstruction.
A.
Water Lines. Water lines shall be installed as shown in Figure 11.2
where connection to a public system is feasible. Installation shall
precede road construction.[1]
[1]
Editor's Note: Figures 11.1, 11.2, 11.3a, 11.3b, 11.4, 12.1 and 12.2 are included as attachments to this chapter.
B.
Sanitary Sewers. Sanitary Sewers shall be installed as shown in Figure
11.2 where connection to a public system is feasible. The sanitary
sewer system shall be separate and independent of any storm water
drainage system. Installation shall precede road construction.
C.
Gas Lines. Natural gas lines may be installed in any subdivision
or land development project where connection to a public system is
feasible. Installation shall precede road construction.
D.
Electric and Communication Lines. All electric, telephone and cable
TV lines shall be installed by the applicant. All new telephone, electric,
cable or other such wired service lines shall be installed underground
and shall be in conformance with the appropriate utility company's
policy and construction design requirements. Such utilities shall
be designed, installed to meet all applicable state and federal codes,
and shown on the as-built drawings. Inspection shall be by a Rhode
Island Registered Electrical Engineer, paid for by the applicant,
who submitted a stamped letter of conformance for such installation.
Surface pad mounted service boxes and transformers are allowed to
be within the street right-of-way. Such items shall be landscaped
by evergreen trees and shrubbery.
[Amended 3-25-2015]
E.
Subsurface Drainage Systems. The use of underground sub-drains to
artificially lower the water table of a lot to increase a lot's suitability
for any purpose is not permitted.
Special Flood Hazard Area on the Charlestown Flood Insurance
Rate Maps (FIRM), the Flood Hazard Boundary Maps (FHBM) and Floodway
Maps dated October 19, 2010 (and any subsequent amendments thereto)
are on file with Building Official. These maps and any amendments
thereto and the scientific and engineering report entitled, Flood
Insurance Study, Town of Charlestown, Rhode Island, dated June 17,
1986, are incorporated by reference and declared to be part of these
Regulations. Approval by the Planning Commission or Administrative
Officer of an application that is located wholly or partly in a Special
Flood Hazard Area shall be conditioned on the following:
A.
That a general note is entered on the preliminary and final plats
indicating that the subdivision or land development project is located
within a Special Flood Hazard Area. The boundary lines of all flood
zones and floodways shall be indicated.
B.
That the base flood elevation of the site is clearly indicated on
the preliminary and final plats and the maximum and minimum elevation
above mean sea level of each lot on the application is indicated.
C.
That a copy of all necessary permits and approvals of all government
agencies from which approval is required by federal or state laws
has been submitted as a precedent to the issuance of preliminary approval.
D.
A finding of fact with regard to the following:
1.
That the proposed application will minimize damage from flooding.
2.
That the applicant has submitted written certification that all public
improvements, facilities and utilities are located and will be constructed
to prevent or eliminate damage from flooding.
3.
That no increase in runoff and adequate drainage is provided to reduce
exposure to flood hazards.
4.
That all proposed earth removal and/or filling will not increase
base flood levels.
5.
Where a proposed application provides for the alteration of a watercourse,
that the applicant has notified adjacent communities and obtained
approval from the Rhode Island Statewide Planning Program, RI DEM,
the USACE and the Office of the Federal Insurance Administration.
Sidewalks may be required where the Planning Commission deems
necessary for pedestrian safety. Sidewalks shall be installed by the
applicant as shown in Figure 11.2.[1]
Sidewalk lengths and widths should be minimized on a development
site, where possible, to reduce overall imperviousness. The following
must be considered:
|
•
|
Provide common walkways linking pedestrian areas.
|
|
•
|
Use alternative sidewalk and walkway surfaces.
|
|
•
|
Shorten front setbacks to reduce walkway lengths.
|
|
•
|
Permeable pavers may be used for sidewalks.
|
[1]
Editor's Note: Figures 11.1, 11.2, 11.3a, 11.3b, 11.4, 12.1 and 12.2 are included as attachments to this chapter.
The stormwater management system may be comprised of non-structural
and structural elements. Appropriate structural elements include BMPs
described in the RI Stormwater Design and Installation Standards manual,
and elements associated conveyance system. LID site planning and design
elements that mitigate pollution, reduce sedimentation, provide visual
amenities and provide wildlife habitat shall be utilized over structural,
constructed elements. A stormwater management plan and calculations
shall be prepared by a Rhode Island Registered Professional Engineer.
The methods used to design the stormwater management system meet the
requirements in the RI Stormwater Manual.
A.
Required Information. The stormwater management plan and calculations
shall contain the information listed in Appendix A of the RI Stormwater
Manual.
B.
Design Standards.
1.
The proposed stormwater management system shall be designed to meet
the 11 Minimum Standards, as well as the BMP design criteria, listed
in the RI Stormwater Design and Installation Standards Manual as may
be amended from time to time unless other standards are specifically
prescribed in the regulations.
2.
Each lot shall have adequate drainage and be compliant with the RI
Stormwater Design and Installation Standards Manual for storms that
exceed the 1-year frequency. For storms that are less than or equal
to the 1-year frequency, stormwater management practices shall retain
or re-use all runoff on site.
3.
Existing watercourses shall be left open.
4.
Where any part of the stormwater management system is proposed for
location outside the public street right-of-way, provisions for future
maintenance and all necessary easements shall be supplied by the applicant.
5.
Consistent with the RI Stormwater Design and Installation Standards,
the Commission may require a downstream analysis to ensure that controls
proposed for the site will adequately protect areas that already experience
flooding.
|
The Planning Commission may consult with outside expertise in
order to properly evaluate an application at the applicant's expense.
|
A.
Generally. All major applications shall submit a soil erosion and
sediment control plan as part of the preliminary checklist. Minor
subdivisions and land developments and administrative subdivisions
shall not be required to submit such plans if the land disturbing
activity involved in construction meets all the following criteria:
1.
Construction activity will not take place within two hundred feet
of any water body, watercourse, wetland or coastal feature.
2.
Slopes of the land disturbance do not exceed ten percent.
3.
The total area of the land disturbance does not exceed one thousand
(1,000) square feet.
4.
The proposed grading does not exceed two feet of cut or fill at any
point.
5.
The grading does not involve a quantity of fill greater than fifty
(50) cubic yards imported into the site and fill excavated and moved
elsewhere on the site does not exceed fifty (50) cubic yards.
6.
That all disturbed surface areas are promptly and effectively protected
to prevent soil erosion and sediment control.
B.
Plan Requirements.
1.
Preparation. The plan shall be consistent and prepared with the guidelines
of the "1989 Rhode Island Soil Erosion and Sediment Control Handbook"
and the "Rhode Island Stormwater Design and Installation Standards
Manual," as may be amended from time to time. The plan shall be prepared
by a Registered Rhode Island Engineer, a Soil and Water Conservation
Society Certified Erosion and Sediment Control Specialist, or a Certified
Professional Soil Scientist.
2.
Contents. The plan shall contain the following:
a.
The grades, elevations and contours of the site and land within
one hundred feet prior to disturbance and the proposed grades, elevations
and contours to be created. Two-foot contour intervals shall be required.
Where slopes are three percent or less, one-foot contour intervals
shall be required. On slopes of less than one percent, spot elevations
or a grid elevation shall be used.
b.
The location and description of existing natural (e.g., trees,
steep slopes, all V and A flood zones, wetlands and their buffers,
etc.) and manmade features, on the property where the work is to be
performed, and on land within one hundred feet of the property.
c.
The location and description of proposed changes on the site.
d.
Location and technical description of all erosion and sediment
control measures proposed, including sizing calculations as applicable.
e.
The sequence of installation of planned erosion and storm water
control measures, both temporary and permanent, including the total
area of soil surface which is to be disturbed during each stage, cut
and fill calculations, topsoil management measures, and estimated
starting and completion dates.
f.
A description of methods to be employed in processing and disposing
of soil and other material that is removed from the grading site,
including the location of disposal sites.
g.
A narrative report describing the nature, distribution, and
strength of existing soils, proposed grading procedures, design criteria,
and erosion prevention measures.
h.
A slope stabilization and re-vegetation plan which shall include
a complete description of the existing vegetation, the vegetation
to be removed, the method of disposal, the vegetation to be planted,
and both the temporary and permanent slope stabilization measures
to be installed, including the environmental effects of such operations
on slope stability, soil erosion, and water quality.
i.
A program for inspection and maintenance of erosion and sediment
control measures throughout the course of construction.
C.
Design Standards.
1.
Development shall minimize adverse effects upon the natural or existing
topography and soil conditions to minimize the potential for erosion
and sedimentation.
2.
Stormwater runoff shall be minimized during construction and recharged
on site to the maximum extent practicable. Sediment shall be retained
on site.
3.
Natural vegetation and features shall be retained and protected.
Topsoil shall be stockpiled and reused on site with supplemental topsoil
where needed to achieve a minimum six inch depth. Soil and other materials
shall not be temporarily or permanently stored in locations which
would cause suffocation of root systems of trees to be preserved.
Individual large trees shall be retained whenever feasible; the area
beyond the drip line, or crown of the tree, should be fenced or roped
off to protect trees and their roots from construction equipment.
[Amended 12-20-2023]
4.
Roads and structures shall be located along natural contours to the
maximum extent practicable to keep grading and other site preparation
to an absolute minimum. Grade changes shall not exceed four feet at
any point, except for structure foundations, required mounded septic
systems, or other situations that may be identified by the Town. Excess
cutting, filling or stripping of vegetation shall not be permitted.
Grading shall not be done so as to divert water onto the property
of another landowner without the expressed written consent of that
landowner and the Planning Commission.
5.
Clearing is prohibited on any slope steeper than 25%. Slopes exceeding
10% should be avoided if possible. For slopes 10-25%, aggressive erosion
control practices are required. Percent slopes are measured as average
change in elevation over a length (horizontal run) of 50 feet.
6.
Any clearing not associated with a development plan shall limit clearing
to within the required setbacks of the applicable zoning district
with the exception of clearing along the frontage of the lot required
for access to the site.
7.
Land shall be developed in increments that can be completed during
a single construction season. Erosion and sediment control measures
shall be coordinated with the sequence of grading, development, and
construction operations. ESC measures shall be used with each increment
of the construction/development process.
8.
Land disturbing activities that involve, but not limited to, grading,
clearing, excavation and/or filing that affect areas greater than
five (5) acres in area or where more than 50 percent of a site is
disturbed either in one event or cumulatively on a site submitted
for land development and/or subdivision approval may be required by
the Planning Commission to include an environmental remediation plan
along with all other requirements of these regulations to mitigate
against any negative and/or undesirable impacts associated or resulting
from such land disturbing activities.
9.
Prior to the start of any land disturbance activities on a site,
the developer shall physically mark limits of no land disturbance
with tape, signs, or orange construction fence consistent with limits
of disturbance shown on approved plans. At a minimum, the 100-year
floodplain; wetlands and associated buffers; areas with erodible soils;
tree stands and other natural open space to be protected; and areas
designated for stormwater practices and onsite treatment systems shall
be protected from disturbance and/or compaction. These limits shall
be reviewed and modified as necessary during a mandatory on-site preconstruction
meeting with the contractor, designer, and Town representative(s),
as identified by the Commission.
10.
A perimeter sediment control system shall be installed and maintained
around active construction areas such as, but not limited to, borrow
or stockpile areas, roadway improvements, and areas within 50 feet
of a building under construction, to be inspected prior to initial
disturbance.
11.
Vehicle tracking pad(s) shall be installed prior to initial
disturbance at all construction entrance/exit points of the site to
reduce the amount of soil carried onto roadways and off the site.
12.
Temporary sediment trapping practices used during construction
shall be sized to store 1 inch of runoff from contributing drainage
areas. Sediment basins, debris basins, or silt traps shall be installed
where determined necessary, in conjunction with the initial grading
operations, and maintained through the development process. Such facilities
shall, wherever possible, use natural topography, natural vegetation,
and be landscaped. On-site facilities shall be properly maintained
by the owner in such manner that they do not become nuisances. Nuisance
conditions shall include: improper storage resulting in uncontrolled
runoff and overflow, stagnant water with concomitant algae growth,
insect breeding and odors, discarded debris, and safety hazards.
13.
Temporary stormwater conveyance systems used during construction
shall be designed for the 10-year, 24-hour (Type III) storm event.
14.
Offsite runoff shall be diverted from highly erodible soils
and steep slopes to more stable areas.
15.
Dust controls shall be employed on the site as needed to minimize
soil disturbance through applying mulch and establishing vegetation,
water spraying, surface roughening, and/or applying polymers, spray-on
tackifiers, chlorides, and barriers.
16.
Temporary seeding, mulching, or other suitable stabilization
measures shall be used to protect exposed areas during construction
and between construction seasons. Any disturbed areas remaining idle
for more than 14 days shall be stabilized with hydroseeding or other
appropriate stabilization measure(s).
17.
All slopes steeper than 3:1, as well as perimeter dikes, sediment
basins or traps, and embankments must, upon completion, be stabilized
as soon as practicable with sod, seed, anchored straw mulch, or other
approved stabilization measures; areas outside of the perimeter sediment
control system must not be disturbed. The cut side of roads and ditches
shall be stabilized immediately with rock rip-rap or other non-erodible
erosion control liners, or where appropriate, vegetative measures
such as sod.
18.
Topsoil shall be stockpiled and reused on site with supplemental
topsoil where needed such that there is a minimum of 4 inches of topsoil
over all disturbed pervious areas. Stockpile areas should be clearly
identified on the plan and stabilized within five (5) business days
of completion of construction of a given area. Stockpile side slopes
shall not be greater than 2:1.
19.
Temporary sediment trapping devices shall not be removed until
permanent stabilization is established in all contributory drainage
areas, and stabilization shall be established and the facilities shall
be cleaned prior to converting temporary sediment traps/basins into
permanent (post-construction) stormwater management facilities.
20.
Permanent seeding shall be undertaken in the spring (from March
through June) or in the late summer and early fall (from August 1st
to October 15th). During the peak summer months and in the fall after
October 15th, when seeding is found to be impractical, an appropriate
temporary mulch or sod shall be applied. Permanent seeding may be
undertaken during the summer if plans provide for adequate mulching
and irrigation. If planting is performed during the peak summer months
and in the fall after October 15th, a cash seeding bond is required.
21.
As-built topographic surveys shall be required for site compliance
to prevent more cut and/or fill than shown on an approved site plan.
22.
Cash performance bonds shall be required to ensure that sites
are preserved, cleared, graded, stabilized, and revegetated according
to the approved site plan. A site shall be considered revegetated
when more than 75% of the disturbed area is stabilized. Bond shall
cover the cost of removal and replacement of trees and other vegetation
earmarked for preservation when damaged by construction activities
(up to two years after completion of construction).
D.
Review. The Planning Commission may consult with outside expertise
on any application at the applicant's expense in order to properly
evaluate the application.
E.
Completion Surety Required. The estimated cost to complete all measures
of an Erosion and Sediment Control Plan approved by the Planning Commission
shall be required to be covered by adequate and appropriate surety
to ensure the completion of the plan. The form and amount of surety
shall be approved by the Planning Commission and may include one or
a combination of either cash or completion bond. Said surety may be
released upon application to the Planning Commission and only upon
a finding by the Planning Commission that the plan has been satisfactorily
completed. The Planning Commission may seek recommendations from an
outside consultant or appropriate Town official to properly evaluate
whether the plan has been satisfactorily completed. The Planning Commission
may release a portion of the surety if work remains to be completed
on the plan or should a dispute over the quality of the work to complete
the plan exists at the time a release of surety is sought.
A.
Generally. Proposed development shall be based on the characteristics
of the site. The development shall be so laid out to preserve the
natural features of the site, to avoid areas of environmental constraints,
and to minimize negative impacts and alteration of natural and manmade
features. The development shall be laid out to avoid unnecessary impervious
cover; to prevent flooding; to provide adequate access to lots and
sites; and to mitigate adverse effects of traffic, drainage, and utilities
on abutting properties.
B.
Residential Development. Every residential lot shall have sufficient
access for emergency vehicles and for the lot's proposed use. The
placement of dwelling units shall take into consideration topography,
privacy, building height, orientation, drainage, and scenic values.
Vegetated buffer areas shall be required where necessary to avoid
adverse impacts from adjacent uses.
C.
Nonresidential Development.
1.
General. If a proposed application involves land zoned for nonresidential
purposes, the application shall accommodate such provisions as the
Planning Commission may require. A nonresidential development shall
conform to all requirements set forth in the Zoning Ordinance, the
requirements of these Regulations, and to the Comprehensive Plan.
2.
Standards. The applicant shall demonstrate that the land itself and
the proposed design and site layout is appropriate for the uses proposed
and does not impact other uses in the vicinity. The following standards
shall be observed:
a.
Parcels shall be suitable in area and dimensions for the types
of development proposed.
b.
Street rights-of-way and pavement shall be adequate to accommodate
the type and volumes of traffic proposed to be generated.
c.
Special requirements may be imposed by the Planning Commission
with respect to the installation of public utilities, including, but
not limited to water, sewer, storm drainage, street, curb, gutter
and sidewalk design and construction.
d.
Residential areas shall be buffered from potential impacts of
a nonresidential development, including, but not limited to the provision
of extra depth in parcels abutting existing or potential residential
uses and provisions for a permanently landscaped buffer strip.
e.
Streets carrying nonresidential traffic, shall not be extended
to the boundaries of adjacent existing or potential residential areas
or connect to existing local residential streets.
D.
Cemeteries. Historic and archaeological gravesites/cemeteries possess
cultural and scientific values and shall be preserved within proposed
projects. Applications shall utilize the least disruptive means of
integrating such sites into the overall layout and design of a site.
A historic or archaeological gravesite/cemetery shall be indicated
on a preliminary plan and all subsequent plans submitted for approval
under these Regulations. A buffer area of twenty-five (25) feet which
is permanently landscaped shall be maintained around the perimeter
of the boundary of the gravesite/cemetery. A written description of
the gravesite/cemetery, its age and condition, historical importance,
type of burial site, a listing of those known to be interred or suspected
to be interred, and a plan indicating the position of graves shall
be submitted as part of the preliminary plat checklist for any property
which contains said gravesite/cemetery.
The applicant shall build and pay for all costs for temporary
improvements and shall maintain the same for the period specified
by the Planning Commission. Prior to construction of any temporary
facility or improvements, the developer shall file with the Town Treasurer
a cash bond for temporary facilities which shall insure that the temporary
facilities will be properly constructed and maintained. Acceptance
of formal offers of dedication shall be only by authority of the Town
Council. The approval by the Planning Commission of a temporary improvement
shall not be deemed to constitute or imply the acceptance by the Town
of any street, easement, or park shown.
A.
Generally. All improvements shall be inspected at the applicant's
expense and approved by the Director of Public Works or his designee.
Failure to provide adequate notice (48 hours exclusive of Saturdays,
Sundays and holidays) or receive inspection shall cause the Director
to order the removal of the improvement(s) at the applicant's expense
when such removal is required by the Director of Public Works. Inspections
shall be billed to the developer or his or her designee at the rate
of $75 per hour. If an invoice is not paid within thirty (30) days
no further inspections will occur. No final plat will be endorsed
by the Administrative Officer until all outstanding inspection fees
have been paid.
B.
Notification. No step in the construction of required improvements
shall commence until the Director of Public Works has been notified,
in writing, at least forty-eight (48) hours in advance of the beginning
of the steps.
C.
Inspection of Improvements.
1.
Each phase or step in the construction of required improvements
shall be inspected at the applicant's expense and approved, in writing,
by the Director of Public Works or his representative. Inspections
shall be performed during the regular work hours of the Public Works
Department. No work requiring inspection shall occur outside the regular
work hours of the Department without the prior written approval of
the Director of Public Works and the advance payment of one and a
half (1.5) times the regular inspection fee. No subsequent phase or
step shall commence until such inspection is approved at the following
stages.
a.
Following installation of underground drainage and utilities,
prior to backfilling.
b.
Following preparation of the sub-base, backfilling and the installation
of curbing or shoulders, prior to application of the base course.
c.
Following spreading and compaction of the base course and crushed
gravel base course surface.
d.
Immediately prior to and at all times during the application
and compaction of the binder and surface course on the roadway.
e.
Following completion of improvements and installation of monuments.
f.
Following the completion of required landscaping.
2.
The Director of Public Works may require inspection at such
other intervals as he may deem necessary to assure proper construction
of improvements.
3.
The Director of Public Works upon proper written notification,
shall not impede the construction of improvements by delaying inspection
and approval without just cause.
D.
As-Built Drawings. Upon completion of construction of required improvements,
two sets of as-built drawing of such improvements shall be furnished
to the Director of Public Works.
The applicant shall be required to maintain all improvements,
secure from vandalism, provide for mowing and snow removal if required,
until final approval and acceptance of said improvements by the Town
Council. The applicant shall be required to file a maintenance bond
with the Town Treasurer, prior to final recording, in an amount as
recommended by the Director and in a form satisfactory to the Town,
in order to assure the satisfactory function and maintenance of the
required improvements, for a period of one year period[1] subsequent to completion, inspection and acceptance of
the improvement(s) unless there are extenuating circumstances.
[1]
Editor's Note: So in original.
Applicants shall mitigate off-site impacts and provide off-site
improvements for impacts which are directly or indirectly attributable
to new development. Off-site improvements shall reflect the character
of the neighborhood. Off-site improvements may include, but are not
limited to improvements to the following:
