Development Plan Review (DPR) is a procedure for the review of new commercial development and substantial alteration to existing development in order to ensure a basic standard of building, site and landscape design. DPR shall be required for certain new development and redevelopment as specified in this subchapter. Projects exempt from DPR are set forth in § 306. The rules and regulations for the development of land in the town are contained in the Middletown Rules and Regulations Regarding the Subdivision and Development of Land (the “Regulations”).
(A) Jurisdiction and purpose. DPR shall be conducted by the administrative office or Planning Board pursuant to R.I. Gen. Laws §§ 45-23-50 and 45-24-49, as amended. The purpose of such review shall be the reasonable application of the police power of the town to protect the public from possible detrimental impacts of certain types of development and certain large scale development, while at the same time reasonably accommodating the goal of economic development within the town.
(B) Subdivision and land development plans; combined review. Any subdivision or land development plan (LDP) that is subject to Planning Board review under the Regulations shall be subject to only one combined review.
(C) The review shall be conducted pursuant to R.I. Gen. Laws §§ 45-23-32 and 45-23-56, as established and set forth in this chapter, as part of the overall approval process. The Planning Board shall hold a public hearing consistent with the notice requirements of § 320(A).
(D) All applications for DPR shall be filed with the Administrative Officer. The Administrative Officer, Planning Board and the Technical Review Committee (TRC), as applicable, shall have the administrative power and duty, in accordance with the requirements of this chapter and the Regulations, to review all plans for the proposed development.
(E) Permitting authority. In the case of an administrative application the permitting authority shall be the Administrative Officer. In the case of a formal application the permitting authority shall be the Planning Board.
(F) Specific and objective guidelines. Design of all projects shall be consistent with the provisions of design standards contained in Article 5 of the regulations.
(G) Waivers. The Planning Board may grant waivers of design standards as set forth in the regulations. The Planning Board shall have the sole authority to waive any of the development standards contained in Rules and Regulations Regarding the Development of Land, § 521 - Commercial Development, subject to the provisions of § 908 of the Regulations, and provided that the standard is not specifically referenced as a requirement by this chapter and is not substantially similar to a requirement in this chapter. Prior to the granting of waivers the Planning Board shall hold a public hearing consistent with the notice requirements of § 320(A).
(H) Appeal. A rejection of the decision shall be an appealable decision pursuant to R.I. Gen. Laws § 45-23-71.
(Ord. passed 10-30-06; Am. Ord. 2013-11, passed 8-19-13; Am. Ord. 2024-1, passed 1-16- 24)