(A) All records of the planning board proceedings and decisions shall be written and kept permanently available for public review. Completed applications for proposed land development and subdivision projects under review by the planning board, shall be available for public review.
(B) Participation in a planning board meeting or other proceedings by any party shall not be a cause for civil action or liability except for acts not in good faith, intentional misconduct, knowing violation of law, transactions where there is an improper personal benefit, or malicious, wanton, or willfull misconduct.
(C) All final written comments to the planning board from the administrative officer, municipal departments, state and federal; agencies, and local commissions shall be part of the permanent record of the development application.
(D) Votes. All votes of the planning board shall be made part of the permanent record and shall show the members present and their votes. A decision by the planning board to approve any land development or subdivision application shall require a vote for approval by a majority of the current planning board membership (i.e. a majority of the full board's membership regardless of the number of members present at the meeting).
(A) Approved final plans and plats for land development and subdivision projects shall be signed by the chair-person or the secretary of the board with the date of approval. Plans and plats for major land development projects and subdivisions shall be signed by the planting board chair-person or the secretary of the planning board attesting to the approval by the planning board. All minor land development or subdivision plans and plats and administrative plats shall be signed by the planning board chair-person or secretary or the board's designated agent.
(B) Upon signature, all plans and plats shall be submitted to the administrative officer prior to recording and filing in the town clerks' land evidence records. The materials to be recorded for all plats and plans shall include all pertinent plans with notes thereon concerning all the essential aspects of the approved project design, the implementation schedule, special conditions placed on the development by the planning board, permits and agreements with state and federal reviewing agencies, and other information as required by the planning broad.
(C) Other parts of the application record for subdivision and land development projects, including all meeting records, approved master plan and preliminary plans, site analysis, impact analyses, all legal agreements, records of the public hearings and the entire final approval set of drawings shall be kept permanently by the department of planning and community development.
(D) The administrative officer shall notify the statewide "911" emergency authority and the Town police department and appropriate dire district servicing the new plat with the information required by each of the authorities.
(E) The developer and/or subdivider shall provide the administrative officer with a minimum of two (2) copies of the approved plans which shall be black ink on mylar and which shall have improved upon them the following notations and legend as appropriate:
Administrative Subdivision, or Minor Land Development Project, or Minor Subdivision, or Major Land Development Project, or Major Residential Subdivision, or, Major Non-Residential Subdivision
________________________________ [Development Name, if any]
________________________________ [Developer's Name]
Cumberland Assessor's Plat(s) _____ Lot(s)_________________________
___________________________ [Street Name]
"Approved by the Planning Board of the Town of Cumberland, Rhode Island on the ____________ day of ___________, provided that the plat is recorded within one (1) year after the date of approval, or before ______________, ______.
______________________________ Chairman/Secretary
(A) For all changes to the approved plans of land development projects or subdivisions subject to these regulations, an amendment o the final development plans is required prior to the issuance of any building permits. Any changes approved in the final plan shall be recorded as amendments of the final plan in according with the procedures established for recording plats in Section 27 hereinabove.
(B) Minor changes, as defined in the local regulations, to a land development or subdivision plan may be approved administratively, by the administrative officer, whereupon a permit may be issued. Such changes may be authorized without additional public hearings, at the discretion of the administrative officer. All such charges shall be made part of the permanent records of the project application. This provision shall prohibit the administrative officer from requesting a recommendation from the planning board. Denial of the proposed change(s) shall be referred to the planning board for review as a major change.
(C) Major changes, as defined in the regulations, to a land development or subdivision plan may be approved, only by the planning board and must follow the same review and public hearing process required for approval of preliminary plans as described herein.
(D) Rescission procedure. The planning board, only upon application by all landowners of the plat to be affected, may determine that the application for plat is not consistent with the Cumberland Comprehensive Community Plan 1991-2010 and is not in compliance with the standards and provisions of the Cumberland Zoning Ordinance and/or these regulations and shall hold a public hearing which adheres to the requirements for notice described in Section 9 hereinabove. The planning board shall approve, approve with conditions or modifications, or deny the application for rescission of the plat according to the requirements of Section 27. If is necessary to abandon any street covered under chapter 6 of title 24 of Rhode Island General Laws, the planning board shall submit to the town council the documents necessary for the abandonment process. Once the required process for rescission or for the rescission and abandonment has been completed, the revised plat shall be signed and recorded as specified in Section 28.
(A) An appeal to the board of appeals from a decision or action of the planning board or administrative officer may be taken by an aggrieved party. Such appeal must be taken within twenty (20) days after the decision has been recorded and posted in the office of the town clerk.
(B) The appeal shall be in writing and shall state clearly and unambiguously the issue of decision which is being appealed, the reason for the appeal, and the relief sought. The appeal shall either by sent by certified mail, with a return receipt requested, to the administrative officer, or shall be hand-delivered to the board of appeals.
(C) Upon receipt of an appeal, the board of review shall require the planning board or administrative officer to transmit forthwith to the board of appeals, all papers, documents and plans, or a certified copy thereof, constituting the record of the action which is being appealed.
(D) An appeal, when duly received, shall stay all proceedings in furtherance of the action being appealed.
(A) The board of appeals shall hold a public hearing on the appeal within forty-five (45) days of receipt of the appeal, give public notice thereof, as well as due notice to the parties of interest. At the hearing any party may appear in person, or may be represented by an agent or attorney. The board shall render a decision within ten (10) days of the close of the public hearing. The cost of any notice required for the hearing shall be borne by the applicant.
(B) The board of appeals shall only hear appeals of the actions of the planning board or administrative officer at a meeting called especially for the purpose of hearing such appeals and which has been so advertised.
(C) The hearing, which may be held on the same date and at the same place as a meeting of the zoning board of review, must be held as a separate meeting from any zoning board of review meeting. Separate minutes and records of votes as required by Section 32 shall be maintained by the board of appeals.
(A) As established by Rhode Island General Law 45-23, in instances of a board of review's review of a planning board or administrative officer's decision on matters subject to these regulations, the board of review shall not substitute its own judgment for that of the planning board or the administrative officer, but rather, must consider the issue upon the findings and record of the planning board or administrative officer. The board of appeals shall not reverse a decision of the planning board or administrative officer except of findings of prejudicial procedural error, clear error, or lack of support by the weight of evidence in the record.
(B) The concurring vote of three (3) of the five (5) members of the board of appeals siting at a hearing, shall be necessary to reverse any decision of the planning board or administrative officer.
(C) In the instance where the board of appeals overturns a decision of the planning board or administrative officer, the proposed project application shall be remanded to the planning board or administrative officer, at he stage processing from which the appeal was taken, for further proceedings before the planning board or administrative officer and/or for the final disposition, which shall be consistent with the board of appeal's decision.
(D) The board of appeals shall keep complete records of all proceedings including a record of all votes taken, and shall put all decisions on appeals in writing. The board of appeals shall include in the written record the reasons for each decision.
(A) An aggrieved party may appeal a decision of the board of appeals, to the superior court of Providence County by filing a complaint setting forth the reasons of appeal within twenty (20) days after the decision has been recorded and posted in the office of the town clerk. The board of appeals shall file the original documents acted upon by it and constituting the record of the case appealed from, or certified copies thereof, together with such other facts as may be pertinent, with the clerk of the court within thirty (30) days after being served with a copy of the complaint, When the complaint is filed by someone other that the original applicant or appellant, such original applicant or appellant and the members of the planning board shall be made parties to the proceedings. The appeal shall not stay proceedings upon the decision appealed from, but the court may, in its discretion, grant a stay on appropriate terms and made such other orders as it deems necessary from an equitable disposition of the appeal.
(B) The review shall be conducted by the superior court without a jury. The court shall consider the record of the hearing before the planning board and, if it shall appear to the court that additional evidence is necessary for the proper disposition of the matter, it may allow any party to such appeal to present such evidence in open court, which evidence, along with the report, shall constitute the record upon which the determination of the court shall be made.
(C) The court shall not substitute its judgment for that of the planning board as to the weight of the evidence on questions of fact. The court may affirm the decision of the board of appeals or remand the case for further proceedings, or may reverse or modify the decision if substantial rights of the appellant have been prejudiced because of findings, inferences, conclusions or decisions which are:
(1) In violation of constitutional, statutory, ordinance or planning board regulations provisions;
(2) In excess of the authority granted to the planning board by statute or ordinance;
(3) Made upon unlawful procedure;
(4) Affected by other error of law;
(5) Clearly erroneous in view of the reliable, probative, and substantial evidence of the whole record; or
(6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
(A) An appeal of an enactment of or an amendment of these regulations may be taken to the superior court of Providence County by filing a complaint, as set for the herein, within thirty (30) days after such enactment, or amendment has become effective. The appeal may be taken by any legal resident or landowner of the Town of Cumberland or by any association of residents or landowners thereof. The appeal shall not stay the enforcement of the regulations, as enacted or amended, but the court may, in its discretion, grant a stay on appropriate terms, which may include the filing of a bond, and make such other orders as it deems necessary for an equitable disposition of the appeal.
(B) The complaint shall set forth with specificity the area or areas in which the enactment or amendment is not consistent with the Comprehensive Planning Act, chapter 45-22.2;) the Zoning Enabling Act of 1991, section 45-24-27 the Cumberland Comprehensive Community Plan 1991-2010 or the Cumberland Zoning Ordinance.
(C) The review shall be conducted by the court without a jury. The court shall consider whether the enactment or amendment of the regulations is consistent with the Comprehensive Planning Act, chapter 45-22.2-1 the Zoning Enabling Act of 1991, section 45-24-27 et. seq., the Cumberland Comprehensive Community Plan 1991-2010 or the Cumberland Zoning Ordinance, If the enactment or amendment is not consistent, then the court shall invalidate the enactment or the amendment, or those parts of such enactment or amendment which are not consistent. The court shall not revise the regulations found to be inconsistent, but may suggest appropriate language as part of the court decision.
(D) The court may in its discretion, upon motion of the parties or on its own motion, award reasonable attorney's fees to any party to an appeal, as set forth herein, including the Town of Cumberland.
Upon the entry of any case or proceeding brought under the provisions of RIGL Section 45-23-73, including pending appeals and appeals thereinafter taken to the court, the court shall, at the request of either party, advance the case, so that the matters shall be afforded precedence on the calendar and shall thereupon be heard and determined with as little delay as possible.
If any portion of these rules, regulations or determinations made hereunder, or the application thereof to any person, agency or circumstances, it held invalid by a court of competent jurisdiction, the remainder of the rules, regulations or determination and the application of such provisions to other persons, agencies, or circumstances shall not be affected thereby. The invalidity of any section or sections of these regulations shall not affect the validity of the remainder.
All plans submitted shall conform to the following:
1. Title block: Include the following information:
a. Name of subdivider/land development project; assessor's plat number and lot number(s).
b. Name and address of subdivider/developer, name and address of property owner.
c. Name and Rhode Island registration number of professional engineer or land surveyor, as required by law, responsible for the plan(s) submitted.
d. Date prepared.
e. Revision box identifying all changes from previous submissions.
f. Scale of drawing (also include graphic scale adjacent to the title box.)
g. North arrow.
2. General notes: Include the following notes as applicable.
a. Zoning classification.
b. Total area of subdivision or land development project.
c. Total area of roadways.
d. Minimum lot area.
e. Minimum lot frontage.
3. Legend: Symbols for all items designated on plans, as applicable, including:
a. Existing property lines.
c. Existing utilities, manholes, catch basins, pits, etc.
d. Proposed utilities, manholes, catch basins, pits, etc.
e. Existing structures and site features.
f. Wetlands
g. Easements.
4. Drawing size: Plan scale shall be no smaller than one inch (1") equals eighty (80) feet. Drawings for submission shall be one of the following sizes.
18' x 24" or 24" x 36"
Profile scale shall be horizontal scale of one inch (1") equals forty (40) feet and a vertical scale of one inch (1") equals four (4) feet. Scale of detail shall be optional.
5. Location map: A location map showing the physical relationship of the proposed subdivision or land development project to the areas within a radius of one-half (1/2) mile using a United States Geological Survey (USGS) Map or one showing comparable information. Said location map shall identify location of all brooks, streams, ponds, lakes, wetland area, public drinking water reservoirs, and public wells within 1,000 feet of the proposed subdivision or land development project. Lettering on the location map shall be legible.
6. Lettering. Lettering shall be neat and legible and shall not be smaller than one-eighth (1/8) inch high.
1. The subdivider or land developer shall file with the administrative officer in accordance with the scheduled enumerated in the regulations, but no less than fourteen (14) days in advance of the regularly scheduled meeting of the planning board:
A. A fully completed application together with the appropriate fee as shown on the fee schedule in Appendix D.
b. A minimum of twenty-three (23)1 legible black line or blue line prints of the application sketch plan containing at minimum the items identified in Article B(2) hereinbelow.
c. A proposed time schedule if the development is to proceed by stages.
2. The pre-application sketch plan shall encompass the entire tract of land in contiguous ownership by the subdivider or developer and shall contain the following.
a. All information required in Article A hereinabove, except the drawing settle is optional.
b. Approximate topographic conditions.
d. Approximate dimensions of streets and lots.
e. Approximate number and area of lots.
f. Existing and proposed underground utilities to include the size and approximate location of lines.
g. Land proposed for public dedication. _____________________ 1 Number of copies required may change from time to time depending upon the needs of the board and the level of the development. Please consult the administrative officer.
h. any existing or proposed deed or plat restrictions or protective covenants.
1. Reservoirs and their tributaries, water bodies, watercourses, and wetlands.
j. Location of private wells within two hundred feet (200') of the subdivision of land development project.
k. Any other preliminary information or data which is relevant to good land planning and design.
The master plan shall be submitted in accordance with the provisions of Section 7 of these regulations.
The master plan or master plat shall encompass the entire tract of land in continuous ownership by the subdivider or developer and abutting property and shall contain the following:
1. All information required in Articles A and B hereinabove.
2. Proposed design conceptualization plan.
3. Tentative construction phasing.
4. Analysis of potential neighborhood/district impacts.
5. The appropriate fee identified on the fee schedule in Appendix D.
1. The subdivider or developer shall file with the administrative officer in accordance with the regulations, but under no conditions less that fourteen (14) days in advance of the planning board's regularly scheduled meeting:
a. A fully completed preliminary plan application and the appropriate filing fee for such submission from the fee schedule contained in Appendix D.
b. A minimum of twenty-three (23) legible black line or blue line prints of the preliminary plat containing all the information required by the regulations and especially Article D(2) hereinafter.
c. A minimum of twenty-three (23) black line or blue line prints of centerline profiles of the proposed streets.
d. Preliminary site suitability determinations by the Rhode Island Dept. of Environmental Management as to the suitability of the soils within the plat boundaries for the safe and proper operation of individual sewerage disposal systems, if such systems are planned.
e. Certification by the superintendent of the Cumberland Water Department that the proposed water service is acceptable and that water can be provided to the proposed project. Location of fire hydrants shall be determined by the Cumberland Water Department in cooperation with the local fire department. If water is to be provided by a water system other than the Cumberland Water Department similar certification and hydrant location is required.
f. Certification by the Cumberland Public Works Department that the proposed sewer layout is acceptable and can accept the effluent load of the proposed project.
g. An advisory report from the Cumberland Police Traffic Officer as to need for and the location of traffic control signs or other traffic control devises as well as any required ordinances deemed necessary for traffic control.
h. A notarized statement from the property owner authorizing the submission of his/her land to the subdivision and/or land development procedures if he/she is not the subdivider.
1. Ground elevation data referenced to mean sea level and the subdivision's relationship with current Federal floor insurance maps and reports.
(2) The preliminary plat/plan shall encompass the entire tract of land in continuous ownership, the subdivider or developer and abutting property and shall contain the following:
1. All information required in Articles A and B hereinabove.
2. Topographical conditions such as ledge outcroppings and including the highwater location of all brooks, streams, ponds, lakes, wetland areas, and other waterways within two hundred feet (200') of the proposed subdivision or land development project.
3. Dimensions, angles, and area of streets and lots of the actual development or subdivision.
4. Proposed areas for public dedication.
5. Existing and proposed streets with the name of each. Street names shall not be a duplicate of or closely resemble existing street names.
6. Existing and proposed utility, drainage or other easements, with each clearly identified.
7. Contours at five-foot (5') intervals including abutting land.
8. Any existing and proposed deed or plat restrictions and covenants.
10. Existing and proposed curblines.
11. Existing and proposed water line, drainage line, and sewer line locations and diameter of each.
12. Location and name of each abutter.
13. Location of existing and proposed permanent monuments.
14. Location of existing and proposed fire hydrants.
15. Location of all existing structures including those on abutting lots.
16. Setback lines of all surface and subsurface drains, tributaries to drinking water supplies, streams, ponds, wetlands or other Waterways as required by the Cumberland Land Development and Subdivision Regulations, the Cumberland Zoning Ordinance or the Rhode Island Department of Environmental Management, whichever is greater.
17. Location of existing private wells within two hundred (200') of the proposed project, locations of wells within the project, and the location and type of public wells within eight hundred (800') feet of the subdivision or land development project.
18. Location of existing cesspools, septic systems, seepage pits, or other sewerage disposal systems.
19. A sedimentation control plan.
20. Identification of flood areas in accordance with the flood hazard regulations in Exhibit E hereto.
21. Identification of any land located within the watershed areas as determined by the Town of Cumberland.
22. Identification of stormwater controls.
23. Any other data which is relevant to good land planning and design.
24. Centerline profiles of proposed streets containing the following.
a. Existing and proposed street grades. b. Sewer mains. c. Water mains. d. Underground utilities e. Drainage facilities. f. Other information as required by the board.
(1) The subdivider and/or developer shall file with the administrative officer in accordance with these regulations, but no less than fourteen (14) in advance of a regularly scheduled meeting of the planning board, the following:
a. A fully completed final plat application together with the appropriate fee identified in Appendix D hereinafter.
b. A minimum of twenty-five (25) legible prints of the final plat, two (2) copies shall be black ink on Mylar, in accordance with the requirements of these regulations.
c. Certificate of the tax collector of the Town of Cumberland that all taxes due on the land described in the plat have been paid for five (5) years preceding the date of the filing and that there tire no outstanding tax liens thereon.
d. Names and addresses of abutters as prescribed.
e. A quitclaim deed conveying all street rights-of-way and other open areas which may be deeded to the Town of Cumberland as a result of these proceedings.
f. A statement in duplicate describing any easements and the conditions thereof.
g. Two (2) copies of existing and proposed deed restrictions and protective covenants to run with the land in the development, if such exists or are proposed.
h. Written certification by a registered professional engineer that all drainage structures and facilities will accommodate a twenty-five (25) year design frequency rainfall. This design standard may be increase by the planning board upon request by the town engineer.
1. Certification that all curb cuts and/or drainage proposed to be made onto state highways have been approved by the Rhode Island Department of Transportation.
j. A minimum of twenty-three (23) black line or blue line copies of the proposed street profiles.
k. Street name and housing numbering plan. A plan approved by the Town of Cumberland showing street names of all new proposed streets and house numbers assigned to each new lot proposed in the development or subdivision. Such plan shall not duplicate or conflict with existing street names and/or house numbers.
l. All final plat documentation shall include all modifications directed by the board during the preliminary stages. Also all changes or modifications shall be clearly shown on all materials submitted.
(2) The final plat shall contain the following:
1. All information required under articles A, B, and D.
2. Dimensions as follows: Width of street right-of-way, all angles and dimensions of lot lines; rights-of-way lines and project boundaries; areas of lots; curve data to include lengths of radii, central angles and tangent curbline.
3. Location and character of all permanent monuments. A definite bearing or angle and distance tie shall be shown between permanent monuments on the existing boundary of the subdivision or land development project and existing street intersections or other existing permanent monuments where possible and reasonably convenient.
4. Certification of a registered land surveyor that the plat is correct and certification by registered professional engineer that storm drainage provisions are satisfactory.
5. Profiles of proposed streets.
6. If wetlands are located within the subdivision or land development project, a written determination form the Rhode Island Department of Environmental Management that:
a. The Fresh Water Wetlands Act does not apply, or
b. The proposals will result in an insignificant alteration of wetlands, or
c. The project will result in a significant alteration of wetland. In such a case, copies of permits approved by the Rhode Island Department of Environmental Management along with a list of any conditions for such a permit shall be submitted.
Additionally, a certification by a title attorney or comparable legal professional, that no notice of violation of the Wetlands Act is on file in the land evidence records of the Town of Cumberland pertaining to the lot or lots being considered for subdivision or land development.
