Where words or phrases used in these regulations are previously defined in the definition section of either the "Rhode Island Comprehensive Planning and Land Use Regulations Act," (Section 45-22.2-4), or the "Zoning Enabling Act of 1991," (Section 45-24-31), they shall have the meanings stated therein. Additional words and phrases used in these regulations shall have the following meanings:
(1) ABUTTER Owner of land within two hundred feet (1200') of the subdivision as determined from the most recent public records. Land separated from proposed subdivisions by a street right-of-way or easement is considered as abutting land.
(2) ADMINISTRATIVE OFFICER The municipal official designated by the local regulations to administer the land development and subdivision regulations and to coordinate with local boards and commissions, municipal staff and state agencies. The director of the department of planning and community development.
3) ADMINISTRATIVE SUBDIVISION Re-subdivision of existing lots which yield no new or additional lots for development, and involve no creation or extension of streets. Such re-subdivision shall only involve divisions, mergers, mergers and division, or adjustments of boundaries of existing lots.
(4) BOARD OF APPEAL The local review authority for appeals of actions of the administrative officer and/ the planning board on matters of land development or subdivision, which shall be the Cumberland Zoning Board of Review.
(5) BOARD See Improvement guarantee.
(6) BRIDGE Shall mean a structure having a clear span of ten (10) feet or more measured along the centerline of roadway, spanning a watercourse or other opening or obstruction;
(7) BUILDING Any structure built for the support, enclosure or shelter of persons, animals, chattel or movable property of any kind and includes structures.
(8) BUILDABLE LOT A lot where construction for the use(s) permitted on the site under the local zoning ordinance is considered practical by the planning board, considering the physical constraints to development of the site as well as the requirements of the pertinent federal, state and local regulations.
(9) BUILDING SETBACK LINE A line parallel to a street right-of-way which establishes the minimum distance buildings must be constructed from the street right-of-way.
(10) CERTIFICATE OF COMPLETENESS A notice issued by the administrative officer informing the applicant that the application submitted to the officer by applicant is complete and meets the requirements of the town's regulations, and that the applicant may proceed with the approval process. Does not indicate project approval status.
(11) CONCEPT PLAN A drawing with accompanying Information showing the basic elements of a proposed land development plan or subdivision as used for pre-application meetings and early discussions, and classification of the project within the approval process.
(12) CONSISTENCY WITH THE COMPREHENSIVE PLAN A requirement of all land use regulations which means that all regulations and subsequent actions shall be in accordance with the public policies arrived at through detailed study and analysis and adopted by the town as the Cumberland Comprehensive Community Plan 1991-2010.
(13) CUL-DE-SAC A local street having, only one (1) outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement.
(14) DEDICATION, FEE-IN-LIEU OF Payments of cash which are authorized in which requirements for mandatory dedication of land are not met because of physical conditions of the site or other reasons.
(15) DEVELOPMENT REGULATION Zoning, subdivision, land development plan, development plan review, historic district, official map, flood plain regulation, soil erosion, holding pond ordinance, design review or any other governmental regulation of the use and development of land.
(16) DIVISION OF LAND A subdivision.
(17) EASEMENT The authorization by a property owner for the use by another, and for a specific purpose, of any designated part of the owner's property.
(18) ENVIRONMENTAL CONSTRAINTS 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
(19) FINAL PLAN The final stage of land development and subdivision review.
(20) FINAL PLAT The final drawing(s) of all or a portion of a subdivision to be recorded after approval by the planning board and any accompanying materials as described in Appendix A.
(21) FLOOD HAZARD Those areas delineated by the Flood Hazard Zones section.
(22) FLOOR AREA, GROSS See Rhode Island State Building Code.
(23) GOVERNING BODY The body of local government, {the Cumberland Town Council}, having the power to adopt ordinances, accept public improvements and dedication, release public improvement guarantees, and collect fees.
(24) IMPROVEMENTS Any natural or built item which become part of, is placed upon, or is affixed to, real estate.
(25) IMPROVEMENT GUARANTEE A security instrument accepted by the town to ensure that all improvements, facilities, or work required by the land development and subdivision regulations, or required by the town as a condition of approval, will be completed in compliance with the approved plan and specifications of a development.
(26) LOCAL REGULATIONS The land development and subdivision review regulations adopted by the Cumberland Planning Board pursuant to Rhode Island General Laws, Section 45-23.
(27) LOT A smaller portion of land into which a larger tract or parcel of land is subdivided.
(28) LOT DEPTH The greatest lineal distance of a lot lying between and generally measured perpendicular to a street right-of-way and a rear lot line.
(29) LOT WIDTH The lineal distance of a lot lying between and generally measured perpendicular to side lot lines at its most narrow point from the minimum frontage line.
(30) MAINTENANCE GUARANTEE Any security instrument which may be required and accepted by the town to ensure that necessary improvements will function as required for a specific period of time.
(31) MAJOR LAND DEVELOPMENT Any land development not classified as a minor land development plan.
(32) MAJOR SUBDIVISION Any subdivision not classified as either an administrative subdivision or a minor subdivision.
(33) MASTER PLAN An overall plan for a proposed project site outlining general, rather than detailed, development intentions. It describes the basic parameters of a major development proposal, rather than giving full engineering details. Required in major land development or subdivision review.
(34) MINOR LAND DEVELOPMENT PLAN A development plan for a residential project provided that such development does not require waivers or modifications as specified in these regulations. All proposed nonresidential land development projects shall be considered as major land development plans.
(35) MINOR SUBDIVISION A plan for a residential subdivision of land consisting of five (5) or fewer lots, provided that such subdivision does not require waivers or modifications as specified in these regulations. All nonresidential subdivisions shall be considered as major subdivisions.
(36) MODIFICATION OF REQUIREMENTS The planning board shall have the power to grant such waivers and/or modifications from the requirements for land development and subdivision approval as may be reasonable and within the general purpose and intent of the regulations, a waiver.
(37) PARCEL 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.
(38) PARKING AREA OR LOT All that portion of a development that is used by vehicles, the total area used for vehicular access, circulation, parking, loading and unloading.
(39) PERMITTING AUTHORITY The local agency of government specifically empowered by state enabling law and local ordinance to hear and decide specific matters pertaining to local land use.
(40) PHASED DEVELOPMENT Development, usually for large scale projects, where construction of public and/or private improvements proceeds by section(s) subsequent to approval of a master plan for the entire site.
(41) PHYSICAL CONSTRAINTS TO DEVELOPMENT Characteristics of a site or area, either natural or man-made, which present significant difficulties to present significant construction of the uses permitted on that site, or would require extraordinary construction methods. See also environmental constraints.
(42) PLANNING BOARD The Planning Board of the Town of Cumberland, Rhode Island.
(43) PLAT A drawing or drawing 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.
(44) PRE-APPLICATION CONFERENCE An initial meeting between developers and municipal representatives which affords developers the opportunity to present their proposal informally and to receive comments and directions from the municipal officials and others.
(45) PUBLIC IMPROVEMENT Any street or other roadway, sidewalk, pedestrian way, tree, lawn, off-street parking area, drainage feature, or other facility for which the local government or other governmental entity either is presently responsible, or will ultimately assume the responsibility for maintenance and operation upon municipal acceptance.
(46) PUBLIC INFORMATIONAL MEETING A meeting of the planning board or governing body preceded by a notice, open to the public and at which the public shall be heard.
(47) RE-SUBDIVISION Any change of an approved or recorded subdivision plat or in a lot recorded in the municipal land evidence records, or that affects the lot lines of any areas reserved for public use, or that affects any map or plan legally recorded prior to the adoption of the local development and subdivision regulations For the purposes of this act such action shall constitute a subdivision and be subject hereto.
(48) R.I. STANDARDS Where the term R.I. Standards ... are used in these regulations, such term refers to the appropriate section of the Standards Specifications for Roads & Bridges Construction as published by the State of Rhode Island, Department of Transportation, and any amendments or changes, or additions thereto.
(49) STORM WATER DETENTION A provision for storage of storm water runoff and the controlled release of such runoff during and after a flood or storm.
(50) STORM WATER RETENTION A provision for the storage of storm water runoff.
(51) STREET A public or private thoroughfare used, or intended to be used, for passage or travel by motor vehicles. Streets are further classified by the function they perform. See street classification.
(52) STREET, ACCESS TO An adequate and permanent way of entering a lot. All lots of record shall have access to a public street for all vehicles normally associated with the uses permitted for that lot.
(53) STREET, ALLEY A public or private thoroughfare primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.
(54) STREET, CUL-DE-SAC A local street with only one outlet and having an appropriate vehicle turnaround, either temporary or permanent, at the closed end.
(55) STREET, LIMITED ACCESS HIGHWAY A freeway or expressway providing for through traffic. Owners or occupants of abutting property on lands and other persons have no legal right to access, except as such point and in such manner as may be determined by the public authority having jurisdiction over the highway.
(56) STREET, PRIVATE A thoroughfare established as a separate tract for the benefit of multiple, adjacent properties and meeting specific municipal improvement standards. This definition shall not apply to driveways.
(57) STREET, PUBLIC All public property reserved or dedicated for street traffic.
(58) STREET, STUB A portion of a street reserved to provide access to future development, which may provide for utility connections.
(59) STREET CLASSIFICATION A method of roadway organization which identifies a street hierarchy according to functions within a road system, that is, types of vehicles served and anticipated volumes of traffic, for the purpose of promoting safety, efficient land use and the design character of neighborhoods and districts. Local classifications shall use the following as major categories.
(a) Arterial. A major street that serves as an avenue for the circulation of traffic into, out of, or around the municipality and carries high volumes of traffic.
(b) 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.
(c) Local. Streets whose primary function is to provide access to abutting properties.
(60) SUBDIVIDER 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.
(61) SUBDIVISION The division or re-division, of a lot, tract or parcel of land into two or more lots, tracts, or parcels. Any adjustment to existing lot lines of a recorded lot by any means shall be considered a subdivision. The division of property for purposes of financing constitutes a subdivision.
(62) TEMPORARY IMPROVEMENTS Improvements built and maintained by a developer during construction of a development project prior to a release of the improvement guarantee, but not intended to be permanent.
(63) WATERSHEDS The region or natural drainage areas which contributed to drinking water supply within and as determined by the Town of Cumberland.
(64) WETLANDS Those areas determined as such by the Rhode Island Department of Environmental Management.
(65) VESTED RIGHTS The right to initiate or continue the development of an approved project for a specific period of time, under the regulations that were in effect at the time of approval, even if, after the approval, the regulations changes prior to the completion of the project.
(66) WAIVER OF REQUIREMENTS See (26) modifications of requirements.
(A) One or more pre-application meetings shall be held for all major land development or subdivision applications. Pre-application meetings may be held for administrative and minor applications, upon request of either the planning board or the applicant. Pre-application meetings shall allow the applicant to meet with appropriate officials, boards and/or commissions, planning staff, and, where appropriate, state agencies, for advice as to the required steps in the approvals process, the pertinent local plans, ordinances, regulations, rules and procedures and standards which may bear upon the proposed development project.
(B) At the Pre-application stage the applicant may request the planning board for an informal concept review for a development. The purpose of the concept plan review is also to provide planning board input in the formative stages of major subdivisions and land development concept design.
(C) Applicants seeking a Pre-application meeting or an informal concept review shall submit all materials outlined in Appendix A in advance of the meeting(s).
(D) Pre-application meetings shall aim to encourage information sharing and discussion of project concepts among the participants. Pre-applicant discussions are intended for the guidance of the applicant and shall not be considered approval of a project or its elements.
(A) Classification. The administrative officer shall advise the applicant as to which approvals are required and the appropriate board for hearing of an application for land development or subdivision project. The following types of applications, as herein defined, may be filed:
(2) Minor subdivision or minor land development plan.
(3) Major subdivision or major land development plan.
(B) Certification of a complete application. An application shall be complete for purposes of commencing the application time period for action when so certified by the administrative officer. In the event such certification of the application is not made within the time specified in this section for the type of plan, the application shall be deemed complete for purposes of commencing the review period unless the application lacks information required for such applications as specified in Appendix A and the administrative officer has notified the applicant, in writing, of the deficiencies in the application.
(C) Notwithstanding subsection (A) and (B) above, the planning board may subsequently require correction of any information found to be in error and submission of additional information specific in the regulations but not required by the administrative officer by prior to certification, as is necessary to make an informal decision.
(D) Where the review is postponed with the consent of the applicant, pending further information or revision of information, the time period for review shall be stayed and shall resume when the planning board determines that the required application information Is complete.
(A) Any applicant requesting approval of a proposed administrative subdivision, as defined in these regulations, shall submit to the administrative the items required in Appendix A.
(B) The applicant shall be certified as complete or incomplete by the administrative officer within a fifteen (15) day period from the date of its submission according to the provisions of Section 3(B) hereinabove.
(C) Review process:
(1) Within fifteen (15) days of certification of completeness, the administrative officer shall review the application and approve, deny or refer it to the planning board with recommendations. The officer shall report his/her actions to the planning board at its next regularly scheduled meeting, to become part of the record.
(2) If no action is taken by the administrative officer within the fifteen (15) days, the application shall be placed on the agenda of the next regularly scheduled planning board meeting.
(D) If referred to the planning board, the board shall consider the application and the recommendations of the administrative officer and shall either approve, approve with conditions, or deny the application within sixty-five (65) days of certification completeness. Failure of the planning board to act within the prescribed period shall constitute approval of the administrative subdivision plan and a certification of the administrative officer as to failure of the planning board to act within the required time period and the resulting approval shall be issued on request of the applicant.
(E) Denial of an application by the administrative officer shall be not appealable and shall require the plan to be submitted as a minor subdivision application.
(F) Approval of an administrative subdivision shall expire ninety (90) days from the date of approval unless within such period a plat in conformity with such approval is submitted for signature and recorded as specified in Section 24.
