The following fee structure shall apply to matters before the Cumberland planning board and/or concerning the Cumberland Subdivision Regulations.
A. Administrative Subdivisions/Master Plans
Twenty-five dollars ($25.00) per lot, plus administrative fee.
B. Subdivisions & Land Development Plans
1.) Pre-preliminary Stage: Twenty-five dollars ($25.00) per lot.
2.) Preliminary Stage: Fifty dollars ($50.00) per lot.
3.) Final Stage/Public Hearing: Fifty dollars ($50.00) per lot plus three dollars ($3.00) per abutter owning property within two hundred feet (200') of the perimeter of the subject property of the entire subdivision. plus the cost of advertisement as determined by the actual expenses thereof. The petition or his agent shall deposit with the Department of Planning & Community Development a sum of Moines deemed sufficient to pay the cost of the required advertisement. Should additional cost be involved the petitioner shall be billed the additional amount. Residual funds shall be repaid to the petitioner.
4.) Workshop/Special Meetings (requested by the applicant/petitioner), Five hundred dollars ($500.00) plus the cost of advertisement.
Whenever any stage in the application process before the board shall be waived and the applicant/petitioner moved to a succeeding stage, seventy-five percent (75%) of the fees otherwise due for those stages must be paid by the applicant/petitioner before advancement to the approved next step may be granted.
C. Planned Unit Development (Residential or Agricultural)
Fifty dollars ($50.00) per residential unit; minimum of one thousand dollars($ 1,000.00), plus three dollars ($3.00) per abutter owning property within two hundred feet (200') of the perimeter of the property being considered for a planned unit development.
D. Administrative Approval of Plans Not Requiring Planning Board Action - Not Divisions or Subdivisions. [Administrative approval of subdivision or land development plans results in the payments identified in the appropriate category].
Twenty dollars ($20.00) per plan.
E. Continuation
Applications continued or withdrawn less than five (5) days prior to the hearing without prior notice shall be required to pay a penalty fee of twenty five dollars (S25.00) for each lot and three dollars ($3.00) per abutter owning property with two hundred feet (200') of the perimeter of the subject property. Exceptions may be granted by the board on a case by case basis.
F. Inspection Fees
Upon the approval and filing of a major land development or subdivision, the owner thereof shall submit to the administrative officer a payment to cover the cost incurred by the town in the inspection of the public improvements to the land which improvements are intended to become the property of the town upon satisfactory completion. The amount of such payment shall be equal to one and one-half percent (1 1/2%) of the estimated cost of all required public right-of-way improvements, including retention or detention systems, but excluding the estimated cost of water and/or sewer system improvements. Payment shall be made payable to the Town of Cumberland, Rhode Island, and shall be made prior to the commencement of any site work.
F. Project Review Fees
For major subdivisions or major land development projects, the planning board may, upon the recommendation of the department of public works and the administrative officers, required reviews by outside professional engineers, traffic engineers, soil conservation experts or other consultants. The land developer or subdivider shall be responsible for such cost on an act" fee basis, which shall be paid before the final approval is granted.
1. Purpose: For any major land development or subdivision project proposed within the Town of Cumberland, Rhode Island, a "Statement of Project Impacts" shall be required by the planning board for the purpose of protecting the safety, convenience and welfare of the inhabitants of the town, and, to protect, preserve and, maintain the quality of surface and subsurface-waters deemed to be of irreplaceable value as a public water supply/supplies upon which residents of the Town of Cumberland and others depend, and to determine those conditions tending to adversely effect the environment of the Town. In compiling such statement, the applicant shall consult with the various town departments and agencies having knowledge and authority in the various subjects cited, such as the department of public works, the conservation commission, the historic district commission, the department of education, etc.
2. When Required: Any applicant for a major land development project or major subdivision shall be required to provide a statement of Project Impacts, unless specifically exempted by the planning board upon the request of the applicant before the submission of a final plan request. When a request for an exemption is presented to the planning board for its consideration, all deadlines shall be suspended until the determination of the board regarding the request. Any change for a waiver shall be forwarded to all the agencies listed in item 1 above for their comments as to the acceptability of the waiver request.
When the planning board is of the opinion that a Statement of Project Impacts is not necessary to properly determine the effects of a land development project or subdivision upon the town, the board shall vote to exempt the developer or subdivider from submitting to the board a statement of Projects Impacts. Such a vote shall be taken at a pre-preliminary or preliminary hearing and a majority vote of the whole current membership of the board must be obtained to grant any exceptions from the requirement. The planning board may grant relief from portions of the required Statement Of Projects Impacts.
When the administrative officers and/or the planning board is of the opinion that a proposed minor development project or minor subdivision has the potential to impact the natural or man-made environmental either may require a Statement of Projects Impacts, A determination by the administrative officer that a Statement of Project Impact is required may be appealed by the applicant to the planning board, which may reverse the determination by majority vote of the whole current membership of the board. Any such appear shall automatically stay the deadlines for administrative or board action.
3. Contents: The planning board shall require one or more of the following parts of the statement of project impacts:
A. Environmental Impact Element
a. A description and map of the property involved by plat and lot and showing the property within a quarter mile radius using a United States Geological Survey map for the specific area;
b. A description of the proposed use;
c. A description of the existing environmental setting to include all man-made, natural and physiographic features within five hundred feet (500) of the property lines including, but not limited to, vegetation, wetlands, topographic contours, and existing development;
d. A statement of any prior or anticipated flood levels, and of the
expected flood hazard present on the site;
e. A traffic analysis conducted by a Rhode Island registered traffic engineer;
f. Analysis of the potential favorable and unfavorable impacts upon the following:
1. freshwater wetlands
ii. noise and air quality.
iii. soil waste generation.
iv. historic/archaeological areas,
v. traffic,
vi. soils,
viii. schools
viii. vegetation.
ix. police/fire/rescue
x. lighting
xi. wildlife.
xii. groundwater/aquifer
Upon the identification of additional areas of potential concern the planning board may include additional areas of potential impact to be analyzed. Such information shall be provided in order to enable the planning board to make a positive finding that there will be no significant negative environmental impacts resulting from the project as required b) Rhode Island General Laws 45-23-60(3).
g. The means and estimated cost of minimizing any adverse impacts.
h. Identification of any irreversible commitment or alterations of natural features as a result of the proposed action.
1. Statements from town departments and the Pawtucket Water Supply Board starting their analysis of the potential impacts, adverse and beneficial, from such action.
j. A statement from the Blackstone River Valley National Heritage Corridor Commission regarding any adverse impacts upon the Blackstone River Valley National Heritage Corridor.
4. All Statements of Project Impact shall be referred to the Cumberland Conservation Commission for their review and comment. All Statements of Project Impact involving property which is listed upon or eligible for inclusion upon the national or state register of historic places shall be referred to the Cumberland Historical District Commission.
It shall be the burden and responsibility of the applicant to prove to the satisfaction of the board that the proposed land development project or subdivision will not adversely effect the water supplies of the town. If the board is of the opinion that the proposed land development project or subdivision will result in substantial adverse effects upon the source of water supply to the town then such effects are grounds for the denial of the land development project or subdivision.
In its review, the planning board may impose restrictions and conditions which in its judgment will safeguard the source of the water supply and the environment of the town. The board will give consideration to the simplicity, reliability, and feasibility of any control measures proposed and the degree of threat which may result if the control measures fail.
Exhibit I Holding Pond Ordinance
Sec. 20-31. Definitions.
The following words, terms and phrases, when used in this article. shall have the meanings ascribed to them in this section, except where the context clearly indicated a different meaning:
BUFFER ZONE means an area free of obstructions, including but not limited to vegetation, structure or screen fencing.
HOLDING POND means any man-made above-ground area which retains, detains or in any way accumulated and is used to store stormwater.
Sec. 20-32. Scope.
When a landowner or developer has demonstrated to the town that property cannot be developed without an above-ground holding pond, the pond shall be subject to the provisions of this article.
Sec. 20-33. Purpose.
This article is established to:
(1) Provide for the health, safety and welfare of the public.
(2) Avoid or lessen the hazards created by construction of holding ponds.
(3) Allow for the use of land which requires the creation of holding ponds and protects the interests of neighboring landowners.
Sec. 20-34. Applicability.
This article apply to all land in the Town of Cumberland.
Sec. 20-35. Rules and regulations.
Rules and regulations may be developed to assist in the enforcement of this article.
Sec. 20-36. Penalty.
Any person who shall violate any of the provisions of this article or fail to comply with this article or with any of the requirements of this article or who shall build or alter any holding pond in violation of any detailed statement or plan submitted and approved under this article, upon conviction thereof, shall be punished in accordance with section 1-4.
The requirements set forth in this article shall be in addition to any applicable requirements of any other local or state regulations.
Sec. 20-38. Specifications.
(a) All designs of holding ponds shall be approved by the department of public works.
(b) All holding ponds shall be designed to control a minimum 25-year storm.
(c) All holding ponds shall not exceed a maximum wet depth of forty-two (42) inches.
(d) Each holding pond shall be enclosed with a six-foot chaining fence, which shall have an eight-foot wide gate, to allow for maintenance of the holding pond. The fence shall be placed a minimum of ten (10) feet from the edge of the holding pond.
(e) All holding ponds shall be entirely located within a single lot and shall have a fifty (50) foot buffer area between the property lines and the edge of the holding pond.
(f) Land area required to establish a holding pond and its require buffer area shall not be used in calculating the minimum lot size required by the zoning ordinance.
(g) Upon town approval of a holding pond, the owner of property where a holding pond is to be constructed shall place on the file with the deed to the property a copy of the holding pond design and the terms and conditions imposed on this design. This filing shall take place prior to the construction of the holding pond and prior to the transfer of the title of the property.
(a) The legal liability for and maintenance of a holding pond shall be the sole responsibility of the landowner.
(b) The landowner shall have an inspection of the holding pond performed by a professional engineer every three (3) years to ensure maintenance and proper function of the holding pond. Records of inspection shall be kept on file with the landowner and the department of public works.