l_ 20App B IPOD

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					            appendix B:
                                               interim planning overlay                  development may otherwise conform
                                                                                         to the underlying, or pre-existing,
                                               district principles
            interim                            The Island communities consistently
                                                                                         zoning designations. The overlay

            planning                           try to integrate good public policy
                                                                                         standards attend to any particular
                                                                                         hazards or potential conflicts with the
            overlay                            into development decisions. However,
                                               a fast moving real estate market may
                                                                                         development that are not included in
                                                                                         the current zoning. For example, a
            districts                          place many properties—ones that hold
                                                                                         designated flood IPOD could specify
                                               multiple potentials and are highly sus-
                                                                                         that buildings in the flood zone must
                                               ceptible to change—out of reach before
                                                                                         be raised above the flood elevation or
                                               the highest and best use is determined
                                                                                         built outside the flood hazard line.
                                               from a community-wide perspective.
                                               Public decision-making requires a         The newer forms of overlay districts
                                               longer timeframe to complete than         that have been applied cover land use
                                               construction schedules demand. As a       districts such as residential neighbor-
                                               result, many public policy options that   hoods, village or commercial centers,
                                               could meet multiple objectives, and       and waterfronts and harbors, where
                                               thus improve overall property values,     new development could benefit both
                                               are left behind. Stopping real estate     the landowners and the community if
                                               development while the towns create        it is properly integrated. For instance,
                                               new regulations for better develop-       an IPOD could specify design stan-
                                               ment has sometimes been deemed by         dards for nonwater-dependent uses
                                               the courts as a “taking” of property      along the waterfront that render the
                                               rights.                                   development compatible with adjacent
                                                                                         uses that are water-dependent. Another
                                               There is a reasonable option that does
                                                                                         IPOD example could be the creation
                                               not fully prevent a property owner’s
                                                                                         of mixed-use development regulations
                                               development opportunities, yet allows
                                                                                         that span established residential and
                                               the community to revise its public
                                                                                         commercial neighborhoods.
                                               policy so that the development can co-
                                               incide with improved regulation. This     Although some communities may
                                               is accomplished with the formation of     enact a moratorium on development
                                               an Interim Planning Overlay District      during the term of the planning proj-
                                               (IPOD), coincident with a planning        ect, this is not recommended. Morato-
                                               agenda.                                   riums have been construed by certain
                                                                                         courts as ‘taking’ property rights. In-
                                               An IPOD is a temporary district with
                                                                                         stead, a development review procedure
                                               defined parameters and tailored regu-
                                                                                         can allow the town to control impacts
                                               lations. This district co-exists with
                                                                                         potentially adverse to their planning
                                               the zoning already established for that
                                               area and allows the town to enact ad-
                                               ditional public policy over the use of    Zoning Ordinance Outline
                                               the district. Common overlay regula-
                                               tions address water supply protection,    The outline of the IPOD ordinance is
                                               flood zones, viewsheds, and other en-     recommended as follows:
                                               vironmental features that deviate from    	   Purpose – The purpose of the
                                               property lines, cross land ownerships          Interim Planning Overlay District
                                               and cover residential, commercial,             (IPOD) is to ensure the planned
                                               industrial and open space uses. The

Aquidneck Island West Side Master Plan                                    APPendIx B: InTerIM PlAnnIng OverlAy dISTrICTS
Aquidneck Island Planning Commission, West Side Task Force                                                       Page B-
                                         and orderly future development           	   Allowed Development – The
                                         of areas by controlling real estate           minimum development allowed
                                         speculation during a specified and            within the IPOD by this section
                                         limited period to allow completion            should not create a conflict with
                                         of comprehensive planning and                 the planning goals. The existing
                                         zoning revisions. The IPOD will               trigger for local site plan review
                                         identify the planning goals and               may be appropriate.
                                         specify the development options
                                                                                       For the land owners within the
                                         during the term of the IPOD.
                                                                                       IPOD building may proceed.
                                    	   Applicability – The IPOD speci-               However, proposals for develop-
                                         fies the area, zoning districts, and          ment of projects exceeding the
                                         uses that are regulated during its            allowed development standards
                                         term. The IPOD should be des-                 established by the ordinance must
                                         ignated for a specific area to be             be submitted for review and ap-
                                         shown on the official zoning map.             proval. Approval indicates that
                                         The proposed district boundaries              the project is a master planned
                                         should include enough land area               or special permit development
                                         to avoid any suggestion of singling           project that meets all the appli-
                                         out one parcel. These land areas are          cable requirements of the town
                                         typically characterized by special            ordinances. This includes the re-
                                         land use, environmental and access            view procedures found in the local
                                         considerations that warrant careful           zoning ordinance and subdivision
                                         control of development under a                regulations.
                                         planned development procedure
                                                                                  	   Development Review Procedures
                                         using the appropriate standards.
                                                                                       – These procedures should allow
                                         Areas in which an IPOD could                  the community to properly review
                                         be implemented on the West Side               the development proposal. Us-
                                         are:                                          ing the performance standards in
                                                                                       Appendix A, reviewing agencies
                                         1. Commercial districts near the              could significantly alter or deny
                                            airport in Middletown, the                 projects that conflict with the
                                            Pell Bridge in Newport, and                purpose and planning goals of the
                                            underutilized     commercial               IPOD. A two-step master plan
                                            land throughout the island,                and detailed development plan
                                            where mixed use development                submittal process is appropriate
                                            could be constructed with tai-             for large projects.
                                            lored design and performance
                                            standards;                            	   Standards – These standards can
                                                                                       include the basis for review and
                                         2. Military land that is suscep-              acceptance of a development proj-
                                            tible to change into other                 ect prior to the establishment of
                                            public or private ownership,               the new regulations. These could
                                            and where uses with signifi-               be proscriptive and performance
                                            cant public benefit could be               standards. They could include
                                            sited, provided that market                specification of design and envi-
                                            demands are balanced with                  ronmental standards, and dimen-
                                            public needs.                              sional and use restrictions could

APPendIx B: InTerIM PlAnnIng OverlAy dISTrICTS                                     Aquidneck Island West Side Master Plan
Page B-                                                           Aquidneck Island Planning Commission, West Side Task Force
                                                    be included in the standards. The       The elements of the work plan will
                                                    performance standards within Ap-        vary depending on the project. How-
                                                    pendix A could also be incorpo-         ever, for large projects and project
                                                    rated.                                  areas, many of the Special Area Reuse
                                                                                            Plan elements listed in Appendix C
                                               	   Sunset Provision – This section         may be appropriate.
                                                    will specify the planning process
                                                    and date of completion, at which
                                                    time all, or parts, of the IPOD are
                                                    to be rescinded.

                                                    During the term of the ordinance,
                                                    the town will be able to properly
                                                    plan for the future of the area and
                                                    ensure that any development pro-
                                                    posed will be compatible with the
                                                    highest standards of the commu-
                                                    nity. To ensure that the regulation
                                                    is fairly adopted for the stated pur-
                                                    pose, each ordinance has a ‘sunset’
                                                    provision that rescinds the regula-
                                                    tion after a specific period of time
                                                    in which the planning must occur.

                                               Work Plan: Comprehensive Plan and
                                               Zoning revisions
                                               Concurrent with the adoption of
                                               the IPOD, the town should have the
                                               planning program ready to proceed
                                               with funding, organization, products
                                               and schedules accepted by the parties
                                               responsible for completing the study.
                                               It is important that the planning pro-
                                               gram result in the creation of the plans
                                               and regulations that address the issue
                                               for which the IPOD was created. Oth-
                                               erwise, real estate market speculation
                                               may again circumvent the planning

                                               The comprehensive planning process
                                               procedures used within the commu-
                                               nity will be appropriate for the work
                                               plan for the IPOD; the revisions to
                                               the local Comprehensive Plan and
                                               subsequent implementation by zoning
                                               must otherwise follow State laws and

Aquidneck Island West Side Master Plan                                      APPendIx B: InTerIM PlAnnIng OverlAy dISTrICTS
Aquidneck Island Planning Commission, West Side Task Force                                                         Page B-
APPendIx B: InTerIM PlAnnIng OverlAy dISTrICTS                   Aquidneck Island West Side Master Plan
Page B-                                         Aquidneck Island Planning Commission, West Side Task Force

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