880 R.I. Code R. 880-RICR-00-00-4.8

Current through November 21, 2024

Section 880-RICR-00-00-4.8 - Development Plan Review Regulations

4.8.1Purpose

A. The purpose of the Development Plan Review Regulations is to establish the procedural and substantive provisions for the development of land in order to meet the unique growth and development issues of the Park. The Development Plan Review Regulations are intended to:

1. Protect the public health, safety and welfare;

2. Provide design and improvement standards to reflect the intent of the Master Plan and the Municipal Services Agreement between the QDC and the Town of North Kingstown;

3. Provide thorough and consistent environmental, design, and technical review of all proposed land developments;

4. Ensure development which respects neighboring land uses and produces minimal off-site impacts;

5. Provide flexibility in the use and design of property within the Park;

6. Accommodate development that is appropriate for the site and the surrounding areas;

7. To avoid development which may result in negative environmental impacts;

8. Facilitate economic development opportunities.

4.8.2Environmental Review and Socio-Economic Review

A. Pursuant to the 1979 Settlement Agreement, prospective land owners or lessees of land, must fill out an Environmental Review Form and a Socio-Economic Review Form (ERF & SERF). This procedure was established to protect the environment and ensure that development in the Park is consistent with the State Guide Plan. In 2016, a Memorandum of Agreement with the Division of Planning allowed QDC to prepare a unified ERF & SERF for pre-approval of parcels included in the Site Readiness Program. Parcels that are included in the Site Readiness Program shall use the Expedited Environmental and Socio-Economic Review process. Other parcels that are not in the Site Readiness Program shall use the Standard Environmental and Socio-Economic Review process. This review typically occurs concurrent with Site Control and prior to the Pre-Application. Expansion of existing uses that do not entail property acquisition are not subject to this review.

1. Expedited Environmental and Socio-Economic Review: Parcels that have been pre-permitted through the Site Readiness Program also have a pre-approved ERF & SERF. For projects on Site Readiness Program parcels, the applicant shall complete a one-page Project Notification Form (found in the Forms Section of the Development Package' Guidance Document) and provide information on the location, land use, scope, size, scale, investment, employment, and water demand of the project. The form is then reviewed by QDC's Director, the North Kingstown Planning Director (or designee), and the Associate Director of the Division of Planning (who has a maximum of 7 business days to respond) to verify that the project conforms to pre-approved ERF & SERF. If it is determined that a project does not conform to the pre-approved ERF & SERF then a Standard Environmental Review must be conducted. Lack of a response to the Notification indicates concurrence.

2. Standard Environmental and Socio-Economic Review: Applicants for development of parcels that are not in the Site Readiness Program or whose projects were found not to conform to the pre-approved ERF & SERF shall complete the standard ERF & SERF (found in the Forms Section of the Development Package's Guidance Document) and provide detailed information related to the scope and scale of the project and its environmental, utility, transportation, and community impacts. The completed forms are then returned to QDC who shall then forward them to the State Planning Council, the RIDEM, the RICRMC, and the Town of North Kingstown for review and compliance with the State Guide Plan, environmental laws and regulations, and the community comprehensive plan. The RIDEM and the RICRMC have 14 days to provide a preliminary assessment to the Director, and the State Planning Council has 45 days to respond with its determination. Lack of a response indicates conformity to the State Guide Plan.

4.8.3Development Plan Review Authority

A. The authority to perform Development Plan Review shall reside with the Technical Review Committee as described herein and consistent with the MOU with the Town dated December 16, 2010.

1. Technical Review Committee (TRC)

a. Committee Purpose: To review all development within the Park for compliance and consistency with the Technical Review Regulations.

b. Committee Membership: The TRC will be comprised of the following members:

(1) The Managing Director of the QDC, who will be the chair of the TRC;

(2) The Director of Development Services of QDC (or his/her designee);

(3) The Director of Public Works of QDC (or his/her designee);

(4) The North Kingstown Planning Director (or his/her designee);

(5) The North Kingstown Public Works Director (or his/her designee); and

(6) The North Kingstown Fire Chief (or his/her designee) and/or the RI State Fire Marshall (or his/her designee) may serve in an advisory capacity.

2. Committee Meeting Schedule: TRC will meet as needed at the mutual convenience of the members with a minimum seven (7) day notice and receipt of plans. Notice requirement may be waived by mutual agreement of Managing Director and the North Kingstown Planning Director.

3. Development Plan Required: Upon a finding by QDC that the proposed development is an allowable use and that the site is either an existing lot or a new conforming lot, an applicant must submit a complete Development Plan to the TRC as described in § 4.8.5 of this Part.

4.8.4Development Plan Review Process

A. Pre-Application Review

1. All development projects requiring a Certificate of Approval shall submit materials to the TRC for a pre-application review. The purpose of pre-application is to provide the TRC with information sufficient to convey the general design of the project and to determine whether any variance requests shall be classified as "minor" or "major" pursuant to § 4.5.2(B) of this Part. The TRC may approve a subdivision during this process provided the lot conforms to these regulations, pursuant to Table 4, § 4.10(B)(1)(a) of this Part.

2. Pre-application plans shall contain information required in the Pre-application Checklist located in Development Regulations Guidance Document.

3. Pre-application review shall require no more than fifteen (15) days.

B. Development Plan Review Process

1. Upon advisement from the TRC on the pre-application submittal, an applicant may submit a complete Development Plan to the TRC pursuant to the requirements § 4.8.5 of this Part.

2. Upon receipt of a complete application the TRC has thirty (30) days in which to render a decision. The application may be approved, approved with conditions, or denied. If the application is denied, the application may be resubmitted.

3. Where an application requires a variance as determined by the Managing Director and/or the North Kingstown Planning Director, the application may be conditionally approved by the TRC, pending outcome of variance request as described in §4.5.2 of this Part.

4.8.5Development Plan Review Submittals

A. All plans and drawings submitted to the TRC shall be prepared by a professional licensed in the State of Rhode Island in the applicable discipline (i.e. architecture, landscape architecture, and engineering) and shall include all information required as part of the Technical Review Application and Checklist located in Development Regulations Guidance Document.

1. Development Plan Review Fees are to be paid by the Applicant to QDC on behalf of the TRC at the time of submission as follows:

a. $2,000 for structures greater than 40,000 square feet of gross floor area

b. $1,000 for structures between 5,000 and 40,000 square feet of gross floor area

c. $500 for structures less than 5,000 square feet of gross floor area

d. The Managing Director has discretion to adjust fees commensurate with the complexity of the development.

4.8.6Decisions and Records

A. The TRC determination shall be binding on the applicant. Approval of an application for Development Plan Review may be granted by the concurrence of at least two (2) QDC members and at least one (1) Town Member; provided, however, that if neither Town Member is in attendance at a meeting of the TRC, the TRC shall be entitled to take any action upon the concurrence of at least two (2) of the QDC Members. The Development Regulations shall specify meeting notification requirements to members of the TRC as well as to the applicants. If the TRC does not approve a proposed project, the members of the TRC who oppose the project shall be obligated to identify the particular section(s) of the Development Regulations with which the proposed project does not conform. Any applicant whose project is denied by the TRC for failure to conform with the Development Regulations shall be advised of the finding of non-conformance and provided an opportunity to address such finding.

B. All records, minutes and decisions of the TRC and the QDC Board shall be filed in the Office of the QDC. All correspondence with the TRC and/or the QDC Board shall be sent to:

1. Technical Review Committee, Quonset Development Corporation, Quonset Business Park, 95 Cripe Street, North Kingstown, Rhode Island 02852

880 R.I. Code R. 880-RICR-00-00-4.8

Amended effective 11/27/2018