Item 1 Approval of Minutes

Review and approval of the August 15, 2022 meeting minutes.

Motion to approve the August 15, 2022 minutes by Mr. Appolonia, seconded by Mr. Coutu.  All in favor.

Item 2 Amendment of Appendix D of the Code of Ordinances of the Town of West Warwick, Subdivision and Land Development Regulations

WHEREAS:  Pursuant to the provision of Sections 17-25 and 17-26 of the West Warwick Land

Development and Subdivision Review Regulations, the Planning Board of the Town of West Warwick is empowered to adopt, modify and amend the West

Warwick Land Development and Subdivision Review Regulations; and

WHEREAS:  The Planning Board for the Town of West Warwick has determined that the provisions of Sections 17-19(B) (13) and (14), 17-20(B), 17-37(D) and APPENDIX A of said Regulations should be amended to insure that said Regulations are updated to provide for accurate rules and regulations for the governing of land development and subdivision projects and to control land development and subdivision projects;

NOW, THEREFORE, THE PLANNING BOARD OF THE TOWN OF WEST WARWICK HEREBY AMENDS APPENDIX D OF THE CODE OF ORDINANCES OF THE TOWN OF WEST WARWICK, THE WEST WARWICK LAND DEVELOPMENT AND SUBDIVISION REVIEW REGULATIONS, as follows:

Sec. 17-19.  General provisions-Public design and improvement standards.

(B)      Street design standards. The following design standards shall be followed where applicable by design and construction of any subdivision:

(13)   Front yard trees. Where natural tree growth is determined by the planning board to be

insufficient, the planning board shall require the subdivider to plant front yard trees, appropriate for the terrain, soil and climatic conditions encountered in the subdivision, and in accordance

with the following standards:

e.              Planting. Front yard trees shall be planted in holes  no less than 2” above existing grade with an undisturbed base/compacted base and 1 1/2 times as wide as the root ball. Larger excavation  may be required in gravel or sand areas. Trees shall be good quality topsoil or soil conditioned to that quality with sufficient organic matter such as peat moss and a balanced fertilizer. Trees shall be securely double-staked with sturdy stakes of a minimum size of two inches by two inches by six feet (2" x 2"x 6'). All stakes shall be removed one-year after installation. All wire cages, burlap and twine shall be removed from the root ball prior to planting.

(14)    Landscaping standards.

b.        Landscaping may include plants materials such as trees, shrubs, ground covers, grass, flowers., etc., Planting of invasive s pecies s hall be strictly prohibited. See Invasive

Species   lists   prom ulgated   by   Rhode   Island   Departm ent   of   Environme ntal

Management and the Rhode Island Natural His tory Survey f or current lis ts of invas ive species in the State of Rhode Island, but may also include other materials such as rocks,

berms, woodland, stone walls, paving materials, planters, signage, and street furniture. Areas which may be required to provide landscaping shall include, but are not necessarily limited to the following:

(1)         Drainage facilities, such as retention/detention basins, or drainage swales; (2)         Entrance features;

(3)         Open space areas;

(4)         Proposed recreation facilities;

(5)         Buffer areas;

(6)         Lot areas which are disturbed during the construction or where extensive grading removes a significant amount of natural vegetation;

(7)         Areas subject to regrading or stabilization for soil erosion and sediment control purposes.

Sec. 17-20.   General provisions--Construction and/or improvement guarantees.

(B)         General procedures.  Before any land development  or subdivision  plan is endorsed by the planning board, and before the recording of any subdivision  plat, the planning board shall be required to approve agreements for the completion of all required improvements. Such agreements may, as determined by the planning board, at the option of the subdivider, take the form of (1)completion of actual construction of all improvements; (2) improvement guarantees, or (3) a combination thereof.

Sec. 17-37.  Procedure--Meetings; votes, decisions and records.

(D)         Votes. All votes of the planning  board shall be made part of the permanent record and shall show the members present and their votes. A decision by the planning board to approve any land development or subdivision application shall require a vote for approval by a majority of the current planning board membership planning board members present at the time of the vote.

APPENDIX A – SPECIFICATION FOR TREE PLANTING IN NEW SUBDIVISIONS shall be repealed and deleted and of no further force of effect and shall be amended and replaced by the following:

APPENDIX A

SPECIFICATIONS FOR TREE PLANTING IN NEW SUBDIVISIONS

Varieties Recommended.  The following varieties of trees are recommended for front yard planting by Genus/Species/’Cultivar’.   (ST) recommended as street trees.  (e) Evergreen. (Y) Yard Tree.

COMMON NAME                                                    SCIENTIFIC NAME

Hedge Maple (Y)                                                       Acer campestre

Paperbark Maple (Y)                                                  Acer griseum

Full Moon Maple (Y)                                                 Acer japonicum

Manchurian Maple (Y) (ST)                                      Acer mandshuricum

Japanese Maple (Y)                                                    Acer palmatum ‘all cultivars’

Red Maple (Y)                                                           Acer rubrum ‘all cultivars’

Tatarian Maple (Y) (ST)                                            Acer tataricum ‘Rubrum’

Three-flower Maple (Y)                                             Acer trifolium

Sweet Birch (Y)                                                         Betula lenta

River Birch (Y)                                                          Betula nigra ‘Heritage and Cully’

Katsura Tree (Y)                                                        Cercidiphyllum japonicum

Eastern Redbud (Y)                                                    Cercis canadensis ‘all cultivars’

Atlas Cedar (e)                                                           Cedrus atlantica ‘all cultivars’

Alaskan Cedar (e)                                                      Chamaecyparis nootkatensis

Sawara Japanese Falsecypress (e)                              Chamaecyparis pisifera ‘all cultivars’

White Fringetree (Y)                                                  Chionanthus virginicus

Smoke Tree (Y)                                                          Cotinus coggygria ‘all cultivars’

Flowering Dogwood (Y)                                            Cornus florida ‘all cultivars’

Kousa Dogwood (Y)                                                  Cornus kousa ‘all cultivars’

Ginkgo (Y)                                                                 Ginkgobiloba

Thornless Honey Locust (Y)(ST)                              Gleditsia triacanthos inermis ‘Fairview, Green Glory, Skyline, and Summergold’

Carolina Silverbells (Y)                                             Halesia tetraptera

Seven-Son Flower (Y)                                               Heptacodium miconioides

American Holly (Y) (e)                                              Ilex opaca ‘all cultivars’

Eastern Red Cedar (Y) (e)                                          Juniperus virginiana ‘all cultivars’

Tulip Tree (Y)                                                            Liriodendron tulipifera

Mountain Ash (Y)(ST)                                               Maackia amurensis

Magnolia (Y)                                                              Magnolia ‘all species and cultivars’

Sourwood                                                                   Oxydendrum arboretum

White Spruce (Y) e                                                    Picea glauca ‘all cultivars’

Serbian Spruce (Y) e                                                  Picea omorika ‘all cultivars’

Oriental Spruce (Y) e                                                 Picea orientalis ‘all cultivars’

Bristlecone Pine (Y) e                                                Pinus aristate

Lacebark Pine (Y) e                                                   Pinus bungeana

Swiss Stone Pine (Y) e                                               Pinus cembra

Korean Pine (Y) e                                                      Pinus koraiensis ’all cultivars’

Japanese White Pine (Y) e                                         Pinus parviflora

Himalayan Pine (Y) e                                                 Pinus wallichiana

London Planetree (Y) (ST)                                        Platanus x acerifolis ‘Bloodgood’

Japanese Flowering Cherry (Y)                                 Prunus serrulata ‘all cultivars’

Higan Cherry (Y)                                                       Prunus subhirtella ‘all cultivars’

Yoshino Cherry (Y)                                                   Prunus x yedoensis

Pin Oak (Y)(ST)                                                         Quercus palustris

Japanese Umbrella Pine (Y)                                       Sciadopitys verticillata

Japanese Tree Lilac (Y)(ST)                                      Syringa reticulata ‘all cultivars’

Oriental Arbovitae (Y) e                                            Thuja orientalis ‘all cultivars’

Giant Arbovitae (Y) e                                                Thuja plicata ‘all cultivars’

Little Leaf Linden (Y)(ST)                                        Tilia cordata ‘all cultivars’

Western Hemlock (Y) (e)                                           Tsuga heteropylla

Yellowhorn (Y)                                                          Xanthoceras sorbifolium

Planning Office Recommendation

The Town Planner’s recommendation:

Discussion

Mr. DiFiore stated Appendix D of the Subdivision Regulations were not part of the Code of Ordinances, now they will be as an Appendix item.  The amendments presented for 17-20 and 17-37 are copying State law, bringing the local regulations into compliance with State law.  The language is the same as in the state statute.  Basically West Warwick’s will mirror the State regulation.  Mr. Appolonia asked about a quorum and who determines the quorum and Mr. DiFiore said the state statute, the Zoning Board of Review must have five members present to act but only three are required to continue an item.

Mr. DiFiore also said when there is an appeal to the Zoning Board they have no authority to substitute judgment for the judgment of the Planning Board, it is strictly based on facts.

Motion to approve the changes by Mr. Barrette, seconded by Ms. Rubery.

Planning Board Vote

Item 3  Recommendation to the Town Council

Amending the Code of Ordinances of the Town of West Warwick by adding thereto

Chapter 21 Planning Board and Zoning Board Education

Chapter 21 –  PLANNING BOARD AND ZONING BOARD EDUCATION

Sec 21-1, - Purpose. The purpose of this chapter is to establish requirements and standards for initial, biennial, and continuing education programs for members and alternate members of planning board and zoning board performing land planning or zoning functions as authorized pursuant to the general laws.

Sec. 21-2. –  Applicability.

This chapter shall apply to the following:

(1) All members, including alternate members, of the local planning board or commission authorized pursuant to chapter 22 of title 45.

(2) All members, including alternate members, of the zoning board authorized pursuant to chapter 24 of title 45.

Sec. 21-3. - Land use law and planning - required education for planning and zoning board members.

(a) Every current member and alternate member of the planning board and zoning board shall be required to have satisfactorily completed an education program in land use law and planning to be prepared by the director of the department of administration.

(b) The education program pursuant to this chapter shall include an introductory program offered for new or prospective board members and continuing education courses offered for existing board members. Furthermore, the education program shall be sufficient in design and duration to adequately and reasonably address the topic areas related to land use and planning, including all topics determined relevant by the director, and shall consist of no less than three (3) hours of scheduled instruction for the introductory course or courses and no less than one hour of scheduled instruction for any subsequent annual continuing education requirements. Reasonable efforts shall be made by the director to have the course of study structured in such a manner that

a member may satisfy these requirements through a variety of instructional means including, but not limited to: traditional style classroom and seminar training, distance learning, webinars, on- site presentations, and by other means as deemed appropriate by the director. Education program topics to be considered may include, but not be limited to, the following:

(1) History and purposes of planning and zoning;

(2) State laws and local ordinances, rules and regulations applicable to the work of planning and zoning members, including a full review of chapter 53 of title 45 ("Rhode Island Low and Moderate Income Housing Act");

(3) Overview of the functions of the boards, statutory requirements, and the main tools of planning, zoning, and subdivision review;

(4) Role of others in the planning and zoning process (citizens, applicants, planning and zoning staff, and elected officials);

(5) Understanding and interpreting local comprehensive plans in helping to make land use

decisions;

(6) Understanding basic property rights;

Sec. 21-4. –  Exemptions.

The following persons shall be exempt from the educational requirements established pursuant to this chapter:

(1) The chief municipal officer of the city or town or person designated to serve on a planning board in an ex officio and non-voting capacity.

(2) Any person who offers satisfactory proof of having completed a course of study in land use law and planning within one year prior to the effective date of Title 47. Chapter 70 of the Rhode Island General Laws, that, in the determination of the director of the department of administration (the "director") in consultation with the division of statewide planning, is equivalent to or more extensive than the course offered pursuant to the requirements of this chapter, will be exempt from the initial three (3) hours of training; however, remain subject to annual continuing education requirements. An appointee/re-appointee must file with the city or town clerk a statement explaining why he or she is exempt from the initial introductory training following the effective date of this chapter.

(3) Any person who demonstrates that he or she is certified by the American Institute of Certified Planners (AICP) or has a master's or doctorate degree in planning from an accredited college or university will be exempt from the initial three (3) hours of training; however, remain subject to annual continuing education requirements. An appointee/re-appointee must file with the city or town clerk a statement explaining why he or she is exempt from the initial introductory training following the effective date of Title 47. Chapter 70 of the Rhode Island General Laws.

Planning Office Recommendation

N/A

Discussion

Mr. DiFiore stated there is no vote required, this is not a recommendation to the Town council, it is only adding a section to the code that codifies the State statute.

Item 4  Recommendation to the Town Council

Amending Sections 3, 4, 24 and 25 of the West Warwick Zoning Code of the Code of

Ordinances of the Town of West Warwick

Section 3. Definitions.

Where words or terms used in this chapter [ordinance] are defined in section 45-22.2-4 [the definitions section of the "Rhode Island Comprehensive Planning and Land Use Regulation Act"], they shall have the meanings stated therein. In addition, the following words shall have the following meanings: