§ 703. Procedures for Special Use Permit

A. Purpose. The purpose of Special Use Permit is to allow designated types of development only under certain conditions and to provide the Town scope for determining whether a given development proposal is compatible with the Town's planning objectives in light of standards designed to protect the natural, social and cultural environment of the Island as a whole and of various areas of the Island in particular.

B. Review by Others. The Zoning Board of Review may submit the application to the Planning Board, the Conservation Commission, the Historic District Commission or any other Town board, commission or department or employee for their review and recommendation, which shall be submitted in writing to the Zoning Board of Review within thirty (30) days of referral.

C. Submittal Requirements. An application for a Special Use Permit, in addition to any other information that the Zoning Board of Review may request, shall include the following, excepting that any one or more of these requirements may, on the written request of the applicant, be waived in its entirety or in part at the application acceptance stage by the Zoning Board of Review as being unnecessary or inappropriate. (Amended June 1, 1998)

1. Other Properties Affected. A list of the names and addresses of all property owners within two hundred (200) feet of all property lines of the subject property. (Amended June 1, 1998)

2. A copy of all Variance, Modification and/or Special Use Permit approvals attached to the property and all subdivision approvals, conditions, restrictions, and pertinent subdivision plans relating to the property. (Amended 6-1-98)

3. Composite Site Plan. The composite site plan shall be prepared by a registered civil engineer, registered land surveyor or registered landscape architect, shall be stamped and dated and shall show the following:

a. Proposed and existing structures shall be indicated, including footprints of foundations, porches, decks, walkways, travel lanes, parking areas, with dimensions to property lines from structures, and overall building dimensions.

b. Dimensional requirements, including street and lot lines, setback lines, building heights, and roof profiles.

c. Where any land disturbance is proposed, environmental data shall include well and sewage disposal sites, as well as other wells and sewage disposal systems located within four hundred (400) feet of those proposed; areas of steep slope greater than fifteen percent (15%) and lands by definition not developable; the edge of wetlands, water bodies, and any coastal features as defined by the Rhode Island Department of Environmental Management, DEM regulations and CRMC preliminary determinations; buffer zones and building setbacks from buffer zones as required by CRMC preliminary engineering and biological reports; and surface drainage showing parcel configuration and proposed filled land.

d. Where any land disturbance is proposed, existing and proposed grades shall be shown at two (2) foot intervals.

e. There shall be indicated one (1) or more benchmarks that can be used in the field to verify conditions.

4. A statement from the Zoning Official that any Variances, Modifications or Special Use Permits necessary to develop the project as proposed have been applied for or secured.

5. CRMC Engineering and Biological Reports. Submittals for projects within CRMC jurisdiction shall be accompanied by any required CRMC preliminary engineering and biological reports reflecting site inspection data, if such reports are obtainable.

6. Utility and Disposal Plan. Written description and engineered plan indicating how all utility and disposal needs will be met, and documenting how the standards of Section 501(A)(5) and (8) will be met.

7. Architectural Plans for Any New Construction, or Exterior Alterations to Any Existing Structure. Plans, sections, and/or elevations at ¼" or 1/8" = 1'.

8. Aerial Photos. If required by the Zoning Board of Review, the site shall be located on an aerial photograph, which aerial photograph will be provided by the Town.

9. Economic Impact Report. For developments likely to employ ten (10) or more persons, an analysis demonstrating relationship of the proposal to the goals and objectives contained in the Economic Development element of the New Shoreham Comprehensive Plan, as most recently amended.

10. Analysis of Toxic or Hazardous Materials Impacts. Analysis by a qualified environmental assessment professional demonstrating that the proposal is in compliance with the requirements of Section 505, Uses Involving Toxic or Hazardous Materials. Such analysis shall be required of any proposal which requires the presence of any such materials.

11. Natural Conditions Analysis. A natural conditions analysis of the site prepared by a registered or licensed professional and indicating at a scale of 1"=20' the soil, geologic, hydrologic, and vegetative conditions of the site, including a report from the R.I. Natural Heritage Program that the proposal will not have an adverse impact upon areas of critical environmental importance, such as habitats of species listed as endangered, threatened or of special concern.

12. Landscape Plan. A landscape plan prepared by a registered landscape architect at a scale of 1"=20'. It shall indicate the relation of units to topography, the preservation of views, existing and proposed planting and grading, and shall demonstrate the integration of existing landscape features such as stone walls, old foundations, existing buildings, tree rows. A Landscape Plan shall be required for any land disturbing proposal for non-residential development.

13. Open Space/Management Plan. An open space plan indicating agricultural, recreational and conservation uses of the site. A management plan indicating how all common or public lands will be maintained, used, and managed.

14. Models. Site or building models are required in situations when extensive construction is proposed, when relationship to existing buildings is considered critical, when views of nearby buildings may be affected, when the bulk, configuration, or scale of proposed buildings is questioned or in other such situations as the Zoning Board may require unless waived by the Zoning Board. Models shall be simple in technique but accurate as to contours, detail and the following scales:

a. Site Model: 1"=40' with five (5) foot contours;

b. Building Model: 1/8"=1' or 1"=20' (the latter for any building complex).

15. Traffic Analysis. Documentation that the traffic standards of Section 501(A)(1) will be met.

16. Auto Dependency. Narrative regarding how auto dependency standards of Section 401(A)(7) will be met.

D. Procedures. Special Use Permit application, review, and disposition shall be conducted by the Zoning Board of Review in accordance with the following:

1. Application. An application for a Special Use Permit shall be submitted to the Zoning Board of Review on a form provided by the Board, together with all submittal requirements for Development Plan Review as set forth in Section 704, Development Plan Review, together with the appropriate filing fee. The Zoning Board of Review shall review applications so submitted at its next regularly scheduled meeting following submission. Applications must be received prior to the closing of the agenda in order to be scheduled for said meeting. Upon review of the application, the Board shall either accept the same as complete or return an incomplete application to the applicant with an explanation of the submission requirements not met.

2. Referral to Planning Board. The Zoning Board of Review shall transmit copies of the complete development plan materials to the Planning Board for its review and recommendations.

a. The Planning Board shall deliberate and make its recommendations at a meeting open to the public at which the public may present information pertinent to the application. Such open meeting shall be scheduled within thirty (30) days of receipt of the complete application by the Planning Board.

b. The Planning Board may continue consideration of the proposal for up to three (3) months for the purpose of receiving additional information, or for revisions to the proposal to be made. In this case, the Planning Board shall notify the Zoning Board of Review of the continuation, and the Zoning Board of Review shall postpone the public hearing, as necessary, until receipt of the Planning Board's review.

c. The Planning Board shall make its recommendations on the proposal in writing to the Zoning Board of Review within fifteen (15) days after completing its consideration. If it fails to submit its recommendation to the Zoning Board of Review within the time frame herein or in Subsection 2(b) above, the Zoning Board of Review may act without such recommendation.

3. Public Hearing Required. Prior to disposition of an application for Special Use Permit by the Zoning Board of Review, a public hearing, duly noticed pursuant to Section 702(B), Notice Requirements, shall be held at which opportunity shall be given all interested persons to be heard on the proposed Special Use Permit.

4. Review and Disposition. The Zoning Board of Review shall act upon all applications for Special Use Permit in accordance with the following:

a. The Zoning Board of Review shall schedule a public hearing on the application within sixty (60) days of receipt of same, and not longer than ninety (90) days after acceptance of the application, unless it is advised that advisory review is continuing before the Planning Board. In that event, the Zoning Board shall schedule a public hearing following receipt of the findings and recommendations from the Planning Board.

b. The public hearing may be held open for up to three (3) months from the date of its commencement at the request of either the Zoning Board of Review or the applicant in order for additional information to be presented or for revisions to be made to the proposal.

c. Unless the timelines referred to herein are waived by the applicant, the Zoning Board of Review shall, within forty-five (45) days of the close of the public hearing, deliberate at a meeting open to the public as to whether the proposed development meets the standards set forth in Article 4 -Standards for Uses Requiring Special Use Permit and shall either approve, approve with conditions, or deny the application for Special Use Permit. The decision of the Zoning Board of Review shall be in writing and shall set forth the reasons for any condition imposed or for a denial.

E. Conditions. In granting a Special Use Permit, the Zoning Board of Review may impose such additional conditions on the proposed development as it deems necessary to conform to the requirements of Article 4, Standards for Uses Requiring Special Use Permits, and Article 5, Performance Standards.

F. Expiration of Special Use Permit Approval. Special Use Permit approval shall expire twelve (12) months from the date of approval unless a building permit has been issued and construction has commenced and is being diligently pursued to completion.

G. Dimensional Relief. The Zoning Board of Review may grant a dimensional variance, in conjunction with a special use permit, if the Special Use Permit could not exist without a dimensional variance. The Zoning Board of Review shall consider the Special Use Permit, and the dimensional variance together, to determine if granting the special use is appropriate based on both the special use criteria and the dimensional variance evidentiary standards. This provision does not permit the Zoning Board of Review to grant any variance or to waive, vary or modify any standard, including dimensional standards, which are specifically required under any particular special use identified in Article 4. (Amended December 4, 2000) (Amended February 2, 2004)