Section 880-RICR-00-00-4.5 - Development Review Process4.5.1ProcessA. No development shall occur within the Park or shall be so altered as to change the location, exterior dimensions, or appearance of the same unless plans are submitted to and approved by QDC. All development projects within the Park must obtain appropriate approvals by the QDC through its plan review process. This review includes site design, architectural design, building materials, access, parking, grading, drainage, utility services and traffic impacts. The various steps of the Development Review Process are illustrated in the Quonset Business Park Development Plan's guidance documents.B. Development Interest - The review process begins when a development interest is presented to QDC. The QDC staff shall work with clients to select a site which is suitable for their project based on such things as land use, transportation infrastructure and availability of utilities. The staff will work with existing owners and tenants of the Park that wish to expand their operations. Development projects which do not require a building permit, such as leases for office and warehouse space, shall not be subject to review by the TRC.C. Environmental Review and Socio-Economic Review - Pursuant to a 1979 Settlement Agreement land development projects require an Environmental Review form and a Socio-Economic Review form (ERF & SERF). This process is further described in § 4.8.2 of this Part.D. QDC Board Approval - The QDC Board of Directors will consider the proposed land transaction and development and will indicate approval, rejection or recommendations for modifications or additional information. QDC may authorize QDC staff to negotiate Site Control Documentation.E. Site Control Documentation - Upon approval of the proposed development by the QDC Board, the staff of QDC will negotiate Site Control Documentation with the Client.F. Development Plan Review - The Development Plan Review process involves the detailed review of site engineering, and architectural design in accordance with the procedures provided in § 4.8 of this Part, typically consisting of Pre-Application and Technical Review. Plan approval must be obtained from the Technical Review Committee before a Building Permit can be issued by the appropriate authority.G. Sewer Treatment System User Regulations - The Sewer Treatment System User Regulations, § 4.16 of this Part, govern the use of the QDC's sewers and drains, the installation and connection of building sewers, the discharge of waters and wastes into the sewers and the penalties for violations. Prospective users of the Quonset Wastewater Treatment System, leasing or purchasing property from the QDC or from any other private parties, shall complete the requirements of § 4.16 of this Part.H. Building Permit Review - Clients leasing or purchasing property from the QDC for new construction, as well as existing tenants who wish to alter or renovate their buildings, must submit building plans to the QDC, the State Building Official and the State Fire Marshal for review. Upon a finding of compliance with these regulations and applicable building and fire codes, a Building Permit can be issued.I. Other Laws - In addition to the regulations contained herein, property within the Park is also subject to other local, state and federal laws, rules and regulations, including, but not limited to, laws and regulations administered by the RICRMC, RIDEM, state building codes and fire codes, state and federal statutes pertaining to hazardous materials, airspace, and other applicable statutes. All uses in the Park must be compliant with federal laws.4.5.2Waivers and VariancesA. Waivers 1. A waiver may be requested for any of the requirements listed in § 4.8.5 of this Part which may not be applicable to a particular project. Waivers are specific to these requirements and are therefore distinct from variances, which are described in §4.5.2(B)(1) of this Part. An applicant may request a waiver, which may be granted at the discretion of the Managing Director of QDC.B. Variances 1. Variances represent a situation in which an applicant petitions the TRC to deviate from the development standards associated with the site. Variances shall be classified as "minor" or "major" by the Director of QDC and/or the Director of Planning for the Town during the pre-application phase of the Development Review Process. Classification of these variances will be decided on a case by case basis at the discretion of the Managing Director of QDC and the Director of Planning for the Town and will use the description of a "major" variance provided in §4.5.2(B)(1)(b) of this Part as a guide.a. Minor Variance - May be approved by the TRC as evidenced by a certificate signed by both the Managing Director of QDC and the Director of Planning for the Town.b. Major Variance - Shall be reviewed by and require approval from both the QDC Board and the North Kingstown Planning Commission. A variance may be classified as "major" by either the Director of the Planning Department or the Managing Director of QDC if either party finds that:(1) The proposed activity will require additional mitigation measures to protect environmental resources beyond what is already required by QDC or state standards;(2) A significant additional investment or construction to mitigate potential increased impacts from noise, vibration, glare, dust, odor, heat, or traffic associated with daily operations is required;(3) A deviation from dimensional requirements is required in a manner that is not incidental to minor site engineering or architectural adjustments designed to improve overall site design or building performance;(4) The proposal includes a land use that is not allowed in the Land Use District, as outlined in § 4.7 of this Part;(5) The proposed land use, as outlined in § 4.7 of this Part, requires a Major Variance;(6) The proposal includes an activity that is clearly inconsistent with the Quonset Master Plan or the Town of North Kingstown's Comprehensive Plan;(7) The proposal would present a clearly identifiable threat to public health, safety or welfare.c. Petition for a Variance - An applicant may petition for a variance through a Letter of Variance Request sent to both the Director of Planning for the Town and the Managing Director of QDC. The letter shall contain the information listed below at a minimum. The applicant may provide information in the form of map, site plans or other materials if it is his/her opinion that these supporting materials will assist in the review of the petition. (1) Name and contact information for the applicant;(4) Applicable Land Use District;(5) Description of proposed development;(6) Comprehensive and specific list of all standards within the regulations from which variances are being requested;(7) Description of why each variance is being sought.4.5.3EnforcementQDC shall be responsible for the enforcement of these Regulations or any decision of the TRC within the Park. In the event that the QDC has issued two (2) Notices of Violation with respect to any violation of the Development Regulations or any decision of the TRC and said violation has not been remedied to the satisfaction of the QDC, then, upon notice from the QDC, the Town, through its Code Enforcement Office, shall enforce the Development Regulations or the TRC decision, as the case may be. Notwithstanding the foregoing, nothing contained herein shall be deemed a waiver by the Town or the QDC of its enforcement authority and the Town or QDC may, at any time, enforce the Uniform Regulations or any decision of the TRC.
4.5.4SeverabilityIf the provisions of any article, section, subsection, paragraph, subdivision or clause of these regulations shall be judged invalid by court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of these regulations.
880 R.I. Code R. 880-RICR-00-00-4.5
Amended effective 11/27/2018