LEGAL NOTICE

CITY OF WARWICK

ORDINANCE NO. 0-12-5

APPROVED SCOTT AVEDISIAN

January 19, 2012 MAYOR

THE CITY OF WARWICK

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

CHAPTER 51

PLANNING AND DEVELOPMENT

AN ORDINANCE AMENDING CHAPTER 51 OF THE CODE OF ORDINANCES REGARDING THE WARWICK STATION REDEVELOPMENT AGENCY

Be it ordained by the City of Warwick:

SECTION I. Article II of Chapter 51 of the Code of Ordinances of the City of Warwick is hereby amended as follows:

Sec. 51-23. Warwick Station Redevelopment Agency (WSRA).

(a) Establishment. This article shall constitute the determination by the city council that a need no longer exists for a redevelopment agency and is intended to satisfy pursuant to the requirements of section 45-31-10 of the Rhode Island General Laws and that the Warwick Station Redevelopment Agency is hereby abolished. This article also constitutes a determination and finding by the city council that the Warwick Station Redevelopment District is no longer an “arrested blighted area” as defined in section 45-31-8 of the Rhode Island General laws and that the Warwick Station Redevelopment District is hereby abolished. The Warwick Station Redevelopment Agency (WSRA) is hereby established to carry out the purposes of the Warwick Station Redevelopment District. All development in the district shall be reviewed and approved by the WSRA in conformance with this section. The WSRA shall also provide assistance to property owners and the city including the city council, zoning board of review and other agencies on planning issues within the district related to design and site planning and on related issues as it deems appropriate, including the design of public improvements such as street rehabilitation, paving, lighting, sidewalks, curbing and drainage.

(b) Additional determinations. This article shall constitute the following determinations and findings by the city council:

(1) The “Warwick Station Redevelopment Master Plan” constitutes a “redevelopment plan” as defined in section 45-31-8(16) of the Rhode Island General Laws and satisfies the requirements of section 45-32-8 of the Rhode Island General Laws.

(2) The redevelopment plan has been submitted to the Warwick Planning Board and has been found to be in conformity with the City of Warwick Master Plan as required by section 45-32-7 of the Rhode Island General Laws.

(3) The hearing at which the city council approved the redevelopment plan satisfies the requirements of section 45-32-11 of the Rhode Island General Laws.

(4) The redevelopment plan is hereby incorporated by reference and is designated as the approved plan for the Warwick Station Redevelopment District as set forth in subsections 45-32-20 (e) and (f).

(5) With reference to section 45-32-13 of the Rhode Island General Laws, that redevelopment plan is feasible, conforms to the master plan for the community and would effectuate the purposes of chapters 31-33 of the Rhode Island General Laws.

(6) With respect to section 45-32-14 of the Rhode Island General Laws, the redevelopment plan does not call for the expenditure of city money.

(7) With respect to section 45-32-15 of the Rhode Island General Laws, the city council declares its intention to institute proceedings to modify streets and highways, etc. At the appropriate time in accordance with the redevelopment plan.

(8) With respect to section 45-32-17 of the Rhode Island General Laws, that the financial aid from the federal government provided for in the redevelopment plan is necessary to enable the land in the project area to be redeveloped in accordance with the redevelopment plan.

(9) That the redevelopment plan satisfies the conditions of section 45-32-18 of the Rhode Island General Laws.

(10) Pursuant to [section] 45-32-23, the redevelopment plan may not be modified unless the city council shall approve such modification.

(c) Membership and appointment. The Warwick Station Redevelopment Agency (WSRA) shall consist of five (5) members and two (2) alternates who have demonstrated interest and commitment to the vision of the Warwick Station Redevelopment District. All members of the WSRA shall be appointed by the mayor subject to the approval of the city council. All members shall be residents of the City of Warwick. The mayor shall also appoint five ex-officio nonvoting members of the committee. The ex-officio members shall include a member of the Warwick Planning Board, a registered Rhode Island architect or an individual with professional training and expertise in architectural design, planning or landscape design, a representative of the Rhode Island Department of Transportation (RIDOT), a representative of the Rhode Island Department Economic Development Corporation (EDC), and a representative of the Rhode Island Airport Corporation (RIAC). The terms of the appointees shall be for five years and shall be staggered to provide for continuity of the agency.

Sec. 51-24. Powers, duties and application procedures of the WSRA in the district.

(a) Regulate development within the district. The WSRA is authorized to regulate all improvements within the district including the construction, reconstruction, alteration, repair, demolition, removal, rehabilitation of the exterior of new and existing commercial, institutional and residential buildings and appurtenances within the district which require building permits or other approvals from the city. Within the district, the WSRA shall have the authority for all development and/or site plan review. Such review shall take the place of the planning board for development plan or site plan review within the district under this article.

(b) Adoption of rules. The WSRA shall adopt and publish all rules necessary to carry out its function.

(c) Adoption of standards. The WSRA is authorized to adopt regulations specifying parking, loading, signage, landscaping and other standards consistent with the article.

(d) Waivers. Where specifically authorized, the WSRA may grant waivers to the design and dimensional regulations promulgated pursuant to this article so long as such waivers carry out the purpose of the Warwick Station Redevelopment District. Waivers will be permitted to regulations governing design standards for projects including but not limited to parking, landscaping, new construction and building setbacks.

(e) Zoning board of review. The WSRA may advise the zoning board of review on all requests for variances and special use permits authorized in the district. The WSRA may also provide comments to the planning board and the city council on all proposed amendments to the comprehensive plan and all subdivision and/or land development reviews regarding the Warwick Station Redevelopment District.

Sec. 51-25. Conduct of business.

(a) Public hearing. The WSRA shall hold a public hearing on any request for a waiver.

(b) Record. The WSRA shall keep a record of all proceedings, findings, decisions and actions and such record shall be open to the public. All decisions evidencing the granting of a waiver shall be recorded by the applicant in the land evidence records. No permit shall be issued until said recording. Failure to record the decision within thirty (30) days shall cause said decision automatically to become null and void.

Sec. 51-26. Procedures for design approval.

(a) Application. Before any property owner applies for a building permit or commences any improvements on public or private land including the construction, reconstruction, alteration, repair, demolition, removal and/or rehabilitation of the exterior of new and existing buildings, or appurtenances requiring a building permit or other city approvals (paving, curb, cuts, parking areas, drainage, etc.) within the district, a written application for such work and appropriate development plans shall be submitted to the city planner who shall forward such application to the Warwick Station Redevelopment Agency (WSRA).

An application form shall be developed by the WSRA and shall include all information which is reasonably necessary to evaluate the proposed work.

The city planning department shall forward the application to the WSRA. No building permit shall be issued before the project receives design approval from the WSRA. For those projects where no building permit is required, such as the building of a parking area, the city planner shall also refer such projects to the WSRA for approval.

No WSRA approval shall be necessary for the following:

(1) Work meant to remedy damage or deterioration of a structure or its appurtenances, which involves no change in type of materials, dimensions, design, configuration, texture or visual appearance;

(2) Exterior painting or staining,

(3) Business enhancement plantings.

(b) Review. The WSRA shall review all applications for new construction, major additions, moving of structures and demolition of buildings. Such review shall be held during a regular meeting of the WSRA and open to the public, for which at least seven days advance written notice has been given by first class mail to the applicant, property owner, and abutting property owners (within 200 feet). A determination shall be made within 30 business days of receipt of a complete application. These time periods may be extended by mutual agreement between the applicant and the committee. In the event that the WSRA shall make a written determination within the 30-day period that a particular application requires further time for additional study and information, then the WSRA shall have a period of up to 90 business days from the date of acceptance of a complete application within which to act on such application. Nothing in this section shall be construed to prevent the applicant and the WSRA from mutually agreeing on an extension beyond the 90 days.

(c) Determination. The WSRA shall be authorized to approve, approve with conditions or deny an application for design approval. Approval shall be based upon conformance with the regulations of this section. The WSRA shall place on the record its reasons and conditions for approval or reasons for denial of the application, consistent with the provisions of this article. All determinations shall be made in writing. A copy of WSRA determination shall be filed with the applicable building permit.

(d) Advice from other agencies. In order to assist in its review of plans, the WSRA may request other agencies to review and comment on proposals.

Sec. 51-27. General regulations.

(a) Establishment and classification of districts. For the purpose of this article the Warwick Station Redevelopment District is hereby divided into two districts, listed and designated on the “zoning plat” as follows:

Warwick Station Intermodal District (Intermodal)

Warwick Station Gateway District (Gateway)

(b) The general intent and purposes of the districts are as follows:

Warwick Station Intermodal District (Intermodal). Properties mapped in accordance with subsection 303 of the City of Warwick Zoning Ordinance and are intended to comply with the special needs resulting from their location near the railroad terminal and the airport terminal site, including appropriate complementary uses, pedestrian and vehicular circulation and parking needs, access issues, traffic flow and congestion, lot coverage and height restrictions. The intent of the intermodal zone is to create and sustain an area of regional economic activity within a retail commercial and office core located on a circulation access spine linking the two transportation nodes described above. This area is the core commercial activity area of the Warwick Station Redevelopment District. It is intended that this zone have a high quality of design for pedestrian use, infrastructure improvements that will enable a flow of users between the two transportation nodes and an appropriate intensity of associated retail, office and hotel uses.

Warwick Station Gateway District (Gateway). Properties mapped in accordance with subsection 303 of the City of Warwick Zoning Ordinance and are intended to serve as transitional areas leading to the intermodal district of the Warwick Station Redevelopment District from outlying areas, including the Post Road and Airport Road general business districts. The Gateway District is intended to allow limited commercial uses customarily associated with transportation facilities such as airport and railroad terminals as well as general commercial uses commonly allowed within general business districts. It is intended that this district have a high quality of design associated with vehicular circulation and appropriate landscaping and architectural design intended to create a separate identity and a cohesive appearance distinguishable from the outlying areas.

(c) Use regulations:

Yes—The use is allowed in the district so designated.

No—The use is prohibited in the district so designated.

Zoning Districts Intermodal Gateway

100. Residential uses: -

101. Detached single-family dwelling unit no no

102. Two-family and multiple-family dwelling no no

in a development containing between two

and ten units

103. Two-family and multiple-family dwelling yes yes

in a development containing more than ten units

104. Congregate elderly housing containing no no

between two and ten units

105. Congregate elderly housing containing no no

more than ten units

106. Rooming house no no

107. Room for less than three boarders no no

107.1 Bed and breakfast for up to four guests no no

108. Mobile home, mobile home park, no no

or trailer park

109. Community residence no no

200. Agricultural uses: -

201. Raising of crops no no

(commercial and non-commercial)

202. Commercial greenhouse no no

203. Sales place for flowers, garden supplies, no no

agricultural produce conducted partly or

wholly outdoors

204. Raising and keeping of animals and no no

livestock

300. Office uses: -

301. Medical offices, excluding clinic no yes

302. Clinic no yes

303. Law office, accountant, architect or other yes yes

non-medical professional person

304. Real estate, insurance, travel agency, yes yes

advertising or similar agency office

305. General office use yes yes

306. Bank, trust company or similar financial no yes

institution with drive-in window

307. Bank or other financial institution without yes yes

drive-in window

308. Research and development laboratory, no no

testing facility for environmental or medical

purposes, or facility excluding radioactive and

chemical or biological processes

309. Biological technologies, including DNA no no

(recombinant deoxyribonucleic acid), cell fusion,

and novel bioprocessing techniques, including

related research into processes that promote

health diagnostics and therapeutics, agricultural

biology including plant genetics for food purposes,

environmental remediation techniques, and

manufacture of instruments that assist in biological

research

400. Service uses: -

410. Barbershop, beauty salon yes yes

411. Hotel or motel yes yes

412. Public gathering hall, theater or auditorium yes yes

413. Indoor commercial recreation facility yes yes

including, health club and private club

414. Outdoor commercial recreation facility, no no

including amusement park, and sports center

not elsewhere classified, driving range, pitch & putt,

miniature golf, or similar activity

415. Golf course (excluding driving range, no no

pitch & putt, miniature golf, or similar establishment)

416. Coin-operated amusement establishment no no

417. Message establishment no no

418. Marina, yacht club no no

419. Vehicle rental agency yes(14) yes

420. Carwash no no

421. Gasoline station (no repairs), may include no yes

convenience and/or grocery retail

422. Service station (with repairs) no no

422.1. Auto body repair shop no no

423. Boat repairs, painting or storage. no no

424. Building trades contractor, oil and fuel service, no no

or similar establishment

424.1 Landscape and tree service no no

425. Cesspool company no no

425.1 Other service establishment no no

500. Retail uses: -

501. Restaurant (with liquor license) yes yes

501.1. Nightclub yes yes

502. Restaurant (without liquor license) no yes

503. Fast food restaurant yes(15) yes

503.1. Retail trade-neighborhood establishment yes yes

2,000 square feet GFA or less

503.2. Retail trade-community wide establishment yes yes

of more than 2,000 square feet GFA

505. New or used vehicle sales, with service or no no

outdoor display (excluding boats)

507. New or used boat sales, with service or no no

outdoor display

508. Marine equipment, fishing and tackle store, no no

bait shop

509. Open air market or outdoor sales and display, no no

mobile or otherwise

50X Adult entertainment no no

510. Other retail uses no no

600. Transportation, communication and utility uses: -

601. Airport or heliport yes no

602. Bus or railroad passenger station yes no

603. Automobile parking lot or parking garage yes yes

for private passenger cars (as a principal use)

604. Truck, bus, taxi, or other commercial vehicle no no

terminal yard or building for storage and servicing

of such

605. Radio and television transmission station no no

including towers

606. Radio or television studio no no

607. Electrical transformer station and substation, no yes

gas regulator station, water and sewer pumping

station, and telephone exchange station as a

principal use and not elsewhere classified in this table

608. Electric power plant no no

609. Nuclear power plant no no

610. Other utility, utility station, receiving or no no

transmitting device or tower, satellite dish antenna as

a principal use and not elsewhere classified in this

table

700. Institutional uses: -

701. Religious place of worship, including rectory, no no

parsonage, convent and monastery

702. Social community or recreation center yes yes

703. Other use with religious purposes no no

704. Hospital, including hospital for mental, drug, no no

or alcohol treatment but excluding animal hospital

704.1. Family day care home, as defined no no

704.2. Day care facility, as defined no no

705. Extended care, convalescent, rest, or no no

nursing home

706. Preschool and kindergarten no no

707. Primary or grammar and junior high school or no no

middle school, public, parochial or private school

providing compulsory education, including uses

listed in 706 when located in the same facility

708. High school, including preparatory school or no no

academy, public, parochial or private school

providing compulsory education

709. Junior college, college or university, no yes

including public or private institutions of higher

learning

710. Vocational, business or other schools no yes

711. Resident dormitory fraternity, or sorority no no

712. Government administrative offices yes yes

713. Police, fire, other public safety facility or other yes yes

government facility not elsewhere classified in this

table

714. Library or museum no no

715. Public park, playground or public recreation yes yes

building

716. Community water supply, wells or conservation yes yes

area

717. Cemeter no no

718. Crematory no no

719. Priso no no

800. Light industry: -

801. Assembling and packaging of articles no no

802. Manufacturing, welding, fabricating, processing, - -

assembling or packaging of:

1. Food and beverage products no no

2. Clothing but not textile manufacture no no

3. Paper and paper board products no no

4. Drugs no no

5. Leather goods excluding footwear no no

6. Electric and electronic equipment including audio, no no

video, computer, and office machines

7. Engineering and scientific instruments and supplies no no

8. Medical and dental instruments and supplies, no no

including optical instruments and lenses but

excluding laboratory testing

9. Photographic equipment and supplies no no

10. Watches, clocks, and clockwork mechanisms no no

11. Jewelry, insignia emblems, badges, notions, and no no

costume jewelry, but excluding electroplating

12. Musical instruments no no

13. Sporting goods and toys no no

14. Art supplies, including pens, pencils, and similar no no

products

15. Signs and advertising devices no no

16. Miscellaneous products including umbrellas, no no

parasols, canes, brooms, and brushes

803. Bottling beverages no no

804. Distribution center, parcel delivery center, no no

delivery warehouse

805. Laundry, dry cleaning plant no no

806. Printing, binding publishing and related arts no no

and trades

807. Mini-storage and mini-warehouse facility no no

808. Processing and packaging of fish or fish products no no

809. Wholesale business and storage in roofed no no

structure or outdoors, but not including wholesale

storage of flammable liquids, gas or explosives

810. Storage warehouse, cold storage plant, storage no no

building but not including storage of junk scrap metal,

rags, waste paper and similar materials

811. Open-lot storage of new building materials, no no

machinery, but not junk, scrap and wastes

812. Open-lot storage of coal, sand, or other similar no no

material

900. General industry: -

901. Dismantling or wrecking of used motor vehicles no no

and storage or sale of dismantled inoperative or

wrecked vehicles or their parts

902. Stone cutting no no

903. Textile mill no no

904. Plaster of Paris or ceramic products manufacture no no

905. Asphalt or concrete plant no no

906. Sand and gravel operation no no

907. Manufacturing, welding, fabricating, processing, no no

assembling or packaging or other industrial operation,

but the following are expressly prohibited:

1. Acid manufacture -

2. Cement, lime or gypsum manufacture

3. Explosives or fireworks manufacture

4. Glue manufacture

5. Incineration of solid waste or dead animals

6. Petroleum refining

7. Stockyard

8. Landfill or underground injection well for hazardous

materials

908. Open-lot storage of second-hand lumber or other no no

used building material

909. Open-lot storage of junk, scrap, paper, rags or no no

other salvage articles

Footnotes:

(14) Vehicle rental agency with on site storage is prohibited.

(15) Fast food restaurant with drive-through window shall be prohibited

(d) Dimensional regulations:

Zoning Districts Intermodal Gateway

-

Minimum lot area (square feet) 6,000sf 30,000sf

Maximum density, dwelling units per acre 0 0

Minimum frontage (feet) 60 60

Minimum lot width (feet) 60 60

Minimum front and corner side yard (feet) 0 10

Minimum side yard (feet) 0 15

Minimum rear yard (feet) 0 20

Maximum structure height (feet) 75 75

Minimum landscaped open space (percent) 10% 10%

(Ord. No. O-98-42, § 1(Exh. A), 12-14-98)

Sec. 51-28. Design regulations for alterations or enlargements of existing buildings, parking areas and/or landscaping.

All exterior improvements on existing buildings in the district are subject to approval by the WSRA DCP and shall be regulated by these standards and guidelines. The purpose of these regulations is to establish design standards to create and maintain the architectural and landscape features of the district envisioned in the Warwick Station Redevelopment District.

(1) Minimum standards. The following are minimum standards for the design of alterations or new additions to existing buildings:

a. Design. Traditional and/or contemporary design for alterations and additions to existing buildings shall be encouraged when such alterations and additions follow the design standards for new construction within the district and such design is compatible with the size, scale, massing, rhythm, proportion, material, and other features and environmental setting of a pedestrian-scaled urban setting.

b. Additions and alterations. Wherever possible, additions or alterations to buildings, structures, or appurtenances shall be designed and executed in such a manner that transforms existing buildings that do not fit into the district’s character to more compatible character in conformance with the standards for new construction listed in section 51-29.

c. Lighting. Lighting of building facades shall be designed to ensure that the fixtures are shielded and directed toward the building. Pedestrian level lighting shall be encouraged. Electrical conduit and junction boxes shall be located so as to eliminate their visibility from the public way.

Sec. 51-29. Design regulations for new construction, parking, landscaping, stormwater control, and signage.

All new construction requiring a building permit or any form of city approval in the district shall be approved by the WSRA and shall be regulated by these standards and guidelines. The purpose of these standards is to establish design regulations to create an architectural and landscape character for the district which is pedestrian in scale and to ensure that new construction complements its character and creates a new architectural identity consistent with the Warwick Station Redevelopment District.

(1) Minimum standards. The following are minimum standards for all construction projects.

a. Visual relationship of buildings and their design. Proposed structures shall be related harmoniously to the streetscape and to the buildings in the vicinity which have a beneficial visual relationship to the proposed buildings. Special attention shall be paid to the bulk, location and height of building(s).

1. The design of the project, buildings, structures and site layout, shall be visually compatible with the character of the scheme embodied in the Warwick Station Redevelopment District and the surrounding area, including building materials, massing, scale, and building roof line.

2. Architectural elements should be in proportion with the overall building and should also be in keeping with the surrounding building context. Exaggerated or excessively large (or tiny) architectural elements should be avoided. If used properly, traditional and contemporary architectural detailing can create variety, interest and texture on new buildings and additions which is compatible with the character of the area.

3. Development projects should reuse existing buildings of historical significance whenever possible.

4. Large scale development may be encouraged in appropriate zones, but pedestrian level streetscapes shall be included as an integral design development. These streetscapes shall take the form of traditional urban main street like groupings of small scaled building facades. Conventional suburban-oriented, individual structures with a single entrance set back on a large expanse of asphalt parking are prohibited. New buildings should not be single story, large, bulky masses, but should be vertical in orientation and multi-storied. Large scale buildings may be lined with smaller scaled building facades to create a more urban and pedestrian-scaled appearance as an alternative required by the WSRA.

(2) Vehicular access. The proposed site layout should limit direct access to Post Road whenever feasible and shall provide for safe access and egress from public and private roads by providing adequate location, numbers and control of access points including site distances, turning lanes and traffic signalization when required by existing and projected flow on the municipal road systems. Provisions shall be made providing and maintaining safe and convenient emergency vehicle access to all buildings and structures on the site at all times. The development shall not impose unreasonable burdens on the circulation system of the district or surrounding areas. City roads inadequate to handle the volume of traffic generated by the development shall be improved by the applicant to provide safe passage. The developer may be required to provide a traffic impact report prepared by a certified traffic engineer if there are unusual safety concerns.

(3) Parking and circulation. Adequate off-street parking and loading shall be provided to prevent on-street traffic congestion; all parking spaces, maneuvering areas, entrances and exits shall be identified on the site plan; the interior circulation system shall be designed to provide safe and convenient access to all structures, uses and/or parking spaces; parking areas shall be protected with suitable guards, rails, islands, crosswalks, speed bumps, and similar devices deemed necessary by the WSRA. The layout and design of vehicular and pedestrian circulation, including walkways, interior drives and parking areas, shall provide for safe general interior circulation, separation of pedestrian and vehicular traffic, service traffic, loading areas, and arrangement and use of parking areas.

a. Parking lots shall be located behind, beneath or within commercial buildings.

b. Whenever possible, surface level parking lots on adjoining commercial lots shall be connected internally to each other to allow for through traffic between and reducing the need for multiple curb cuts.

c. Surface level parking lots shall be designed with ample landscaping. Parking lots containing ten or more spaces shall be planted with at least one tree per three spaces, no smaller than two-inch caliper and at least five feet in height at the time of planting and shall be of a species characterized by hardiness within the area. Each tree shall [be] surrounded by no less than 40 square feet of permeable unpaved area.

d. Parking structures may be required to satisfy parking space requirements. Due to the pedestrian nature of the intermodal zone and the use of the automated people mover (APM) between the air and rail terminals, the WSRA shall limit the number of parking spaces provided for each use within the zone. In addition, WSRA shall limit the egress and exit points of parking facilities to side streets to ensure that traffic congestion is mitigated and the Post Road traffic corridor is not adversely impacted. No free-standing parking structures structurally unrelated or non accessory to other commercial, residential, institutional, and transportation uses shall be permitted within the Intermodal Zone.

e. The Warwick Station Redevelopment Agency may require the consolidation of existing curb cuts into a smaller number of clearly defined entrances. In such cases where new additions or new structures are part of the application, the WSRA may encourage such new construction to be located along the road at the setback line to create a visual screen to existing or proposed interior parking areas or existing incompatible structures.

f. No development shall be allowed where there is unrestricted access to public streets or roads or where the public street must be utilized to maneuver in and out of a parking space.

g. Glare from the installation of outdoor lights and signs and from the movement of vehicles on the site shall be shielded from the view of adjacent residential properties.

h. Buildings and the grounds adjoining them shall permit easy access and operation of fire, police, and other emergency vehicles.

i. Small-scaled interior streets, alleyways, pedestrian paths, pocket public spaces and bikeways shall be encouraged within the Warwick Station Redevelopment District for additional circulation which is not auto-dependent. Such interior circulation shall link to an overall system envisioned in the adopted Warwick Station Redevelopment District.

j. The design of the project’s circulation systems shall relate to planned improvements in the area, including future street widening, realignments, or paving programs which have been planned and/or scheduled for construction. The design should be congruent with any proposed area master plan, commercial master plan, Warwick Station Redevelopment District or mixed-use area plan adopted by the City of Warwick for the district.

(4) Landscape. After construction is completed, landscaping shall be installed according to the landscaping design shown on the approved site plan that will define, soften or screen the appearance of the off-road parking areas from the public right-of-way and abutting properties and/or structures in order to enhance the design or building(s) or site, and to minimize the encroachment of the proposed use on neighboring land uses.

a. Buffering elements in the form of architectural design and landscape design that provide a logical transition to adjoining existing or permitted uses shall be provided.

b. Views of significant features such as the new railroad station, the Elizabeth Mill and the airport terminal shall be preserved whenever possible.

c. The planting of large deciduous “street trees” along the roadside to help shade and enclose the highway shall be encouraged.

d. New landscaping shall use plant material of species hardy to the area.

(5) Stormwater run-off and erosion control. Adequate provisions shall be made for stormwater runoff so that removal of surface water shall not adversely affect neighboring properties, downstream water quality, soil erosion or the storm drainage system. Whenever possible, on-site absorption of runoff waters shall be utilized to minimize discharges from the site. Provisions shall be made to control erosion during and after construction. All erosion control shall meet the standards of the City of Warwick and the Rhode Island Erosion and Sediment Control Handbook.

a. Erosion and sedimentation shall be controlled during and after construction and shall not adversely affect adjacent or neighboring property or public facilities or services either during or after construction.

b. Increased runoff due to the development on the site shall not be injurious to any adjoining property or cause hazardous conditions on adjoining streets, driveways or roadways.

c. All development stormwater control shall meet the standards of the Rhode Island Stormwater Design and Installation Standards Manual and Section D.2.7 “Drainage” as contained in the City of Warwick Development Review Regulations. Such stormwater control shall be designed to be integral to the designed landscape of the project.

(6) Existing and future utilities. The development shall not impose unreasonable burdens on sewers, sanitary and storm drains, water lines or other public utilities. All utility lines shall be underground.

(7) Signs. The size, location, design, lighting and materials of all exterior signs and outdoor advertising structures shall be compatible with the design of the proposed building(s) and structure(s) and surrounding properties and conform with standards established by the WSRA. The WSRA may limit the size and number of signs for any property, provided, however, that at least one sign for each nonresidential use which meets the WSRA design criteria shall be allowed. Such criteria includes:

a. Signs shall be located upon or in close proximity to the buildings which the advertised activities or businesses are located. No off-site, or off-premises signs shall be allowed.

b. The size of a sign, if located upon a building facade shall be proportional to the facade and located so as to complement the facade and not obscure character-defining architectural details or features. In commercial new construction, signs shall be designed as integral components of the building facade and shall complement its character.

c. A uniform signage design for projects is recommended. No plastic or interior lighted signs shall be allowed within the district.

(8) Special features of the development. Exposed storage areas, exposed machinery installation, service areas, truck loading areas, utility buildings and similar structures shall have sufficient setbacks and screening to provide an audio-visual buffer sufficient to minimize their adverse impact on other land uses within the development area and surrounding properties.

(9) Exterior lighting. All exterior lighting shall be designed to minimize negative impact on neighboring properties. Night sky pollution shall be minimized by down-shaded lighting or shielded lighting. Although building facades may be illuminated, all lighting shall be based upon a pedestrian scale appropriate for the Warwick Station District setting.

(10) Municipal services. The development will not have an unreasonable impact on the municipal road system, fire department, police department, solid waste program, schools, open spaces, recreational programs and facilities, and other municipal services and facilities.

(11) Water supply. Sufficient water must be available for reasonably foreseeable needs of the development and not cause any unreasonable burden on the existing water supply if this supply is utilized.

(12) Sewage disposal. All new construction must utilize the Warwick sanitary sewer system.

(13) Capacity. In the case of significant projects having a substantial impact upon the district or the city as a whole or any surrounding area the WSRA may require an improvement guarantee be provided by the applicant ensuring that the project will be completed in accordance with the approved plans and any conditions imposed by the WSRA.

Sec. 51-30. Demolition.

In order to create the appropriate architectural and landscape character of the district envisioned by the Warwick Station Redevelopment District, no building shall be demolished until the WSRA has granted a permit to demolish the building.

(1) Review of application. In reviewing an application for demolition, the WSRA shall consider the architectural quality of the existing building and the quality of the demolition site re-landscaping or new replacement building to be constructed if demolition is approved.

(2) Grant of demolition. If the WSRA authorizes the demolition of the building, a demolition permit will not be issued until the applicant demonstrates to the WSRA adequate financial ability to demolish the existing structure, re-landscape the demolition site or construct a new approved building on the site. The WSRA may require a performance guarantee to ensure that all work approved in the grant of demolition is satisfactorily completed. Prior to issuing the demolition permit, the WSRA shall record a lien on the land evidence records against the property limiting its use to the new building and/or re-landscaping which has been approved by the WSRA. Any change in plans will require a new application to the WSRA for approval.

SECTION II. This Ordinance shall take effect upon passage and publication as prescribed by law.

SPONSORED BY: COUNCILMAN COLANTUONO

ON BEHALF OF MAYOR AVEDISIAN

COMMITTEE: ORDINANCE

1/24/12