[{"_1":2,"_99":-5,"_100":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,75,87],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},"mediaId",6455472,"mediaKeyId","5836684-21d648521a0e00a2bb7cf6dea751ad21","parentId",5836684,"title","Planning board considers procedural overhaul: digital portal, checklists and subdivision updates","audioSeconds",988,"startMs",8824000,"endMs",9812000,"viewUrl","/Search/View?dp=1&key=5836684-21d648521a0e00a2bb7cf6dea751ad21&start=8824&end=9812","thumbnailUrl","https://assets.pipeline.soar.com/5836684-21d648521a0e00a2bb7cf6dea751ad21/thumbnail_8824000.jpg","articleUrl","/articles/6455472/Tiverton/Newport-County/Rhode-Island/Planning-board-considers-procedural-overhaul-digital-portal-checklists-and-subdivision-updates","mediaUrl","https://secure.pipeline.soar.com/6455472-b93d390f9a70bec3445baa811e580ba8/orig.mp4?Expires=1770577653&Signature=OEtHf8sNyY3piEt2RR3QMNFxC2jyNiUp9h4mDgYIS14p795JiiB6kJLu06~oBFeE8rWeVRubvsviIop1iez2-2OwEEhVJwhh-3ArnkL9hefh-t9zN7CL9Zt5Z8~3Wf~uFPjoZrqK2RKAfoavm-Pbjg1fXWr9w2gNSsUmTLo4FZ8y8IOzmprmh597-9obT4e4792h-JnHMktGI39E0d4siPUsHNVwJsN0RVbQc8l-rcMhCJu-zRKftQ6gqFCVzaslxtJvX4UqDHvJYqxlxeE1n6kNxYdkLnS1uGSt1d66Dl3GB7xCpvh-w1vUS69MEqY3xv-iNjhEMi49vK5kRlxM8w__&Key-Pair-Id=KUT5TJCACFTXG","author","Tiverton","date","2025-09-26T12:36:30.027Z","article","At the Sept. 25 special workshop the Tiverton Planning Board reviewed proposed administrative changes to the subdivision and development-plan regulations, including how checklists and forms will be published and how a new state online portal will be used to receive applications.

Key points

Checklists moved by reference: Staff proposed removing long, embedded checklists from the body of the regulations and instead referencing named checklists and forms that will live as administrative documents. Counsel and staff confirmed the checklists will be mandatory by reference in the regulations, meaning applicants must provide the items the checklist requires even if the checklist itself is maintained outside the ordinance text.

Portal submission and technical limits: The board discussed the state’s new online permitting portal. Planner Ashley Sweet told the board the portal will function primarily as a mechanism to receive electronic submissions and that Tiverton will continue to require signed forms. The portal vendor’s current configuration does not support all conditional-checklist logic; staff said the system will accept uploaded PDFs and that the town will iterate on the portal configuration as experience grows.

Completeness and vesting: The draft clarifies when an application is “substantially complete” and links that determination to a formal certificate of completeness (a change intended to remove ambiguity about vesting dates for projects). Counsel said the revisions seek to fix problems the town has seen where “substantially complete” was used but not consistently defined.

Mergers and smaller boundary edits: Staff flagged a provision allowing administrative mergers and noted the board may want a two-tier administrative subdivision (one simple merger flow with relaxed survey standards and another for line moves) to reduce expense and timeline for applicants making minor changes.

Practical submission requirements: Board members emphasized the need for clear file-naming conventions and short-form checklists to reduce staff time spent renaming and searching PDFs. Staff agreed to prepare suggested file-naming guidance and to split some checklists to match the draft’s two-phase development plan-review process.

Next steps: Staff will consolidate the zoning and subdivision edits, finalize checklist formats and identify how selected items will be published on the portal. The board expects another workshop and a formal packet for public hearing.

Ending: The procedural changes are intended to improve administrative efficiency and transparency; board members asked staff to make the checklists concise and user-friendly so that compliance is straightforward for applicants and easier to verify by staff.","mediaType","Video","parentTitle","Tiverton Planning Board Workshop - September 25, 2025","oneSentenceSummary","Board members reviewed a draft that centralizes submission checklists outside the regulations, aligns subdivision rules with state vesting and completeness standards, and discussed how a new state online portal will accept applications; staff will refine checklists and coordinate portal integration.","taxTitle","Tiverton, Newport County, Rhode Island","taxId",79581,"location","headline","","shortSummary",{"_33":76,"_35":36,"_37":38,"_39":77,"_41":78,"_43":79,"_45":80,"_47":81,"_49":82,"_51":83,"_53":84,"_55":56,"_57":58,"_59":85,"_61":62,"_63":64,"_65":86,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},6455476,"Planning board flags conflicts between state density rules and local comprehensive-permit standards",622,886000,1508000,"/Search/View?dp=1&key=5836684-21d648521a0e00a2bb7cf6dea751ad21&start=886&end=1508","https://assets.pipeline.soar.com/5836684-21d648521a0e00a2bb7cf6dea751ad21/thumbnail_886000.jpg","/articles/6455476/Tiverton/Newport-County/Rhode-Island/Planning-board-flags-conflicts-between-state-density-rules-and-local-comprehensive-permit-standards","https://secure.pipeline.soar.com/6455476-b81e67f53c7781b35295e852eaac25d1/orig.mp4?Expires=1770577653&Signature=hpDYdYjjiSBu~q~7zM2tQ6iqcs-zDPlRM8na71rLzLlTuGf8S8PQMwCSPEKtBWnpMzgxjMeAEL0S7wBDvufA0JGRvdKBaykAQLV6wEBEcndsAO3tMrbDaAml4LxeKHea5v292u-1fMIdILAEeztfHwhpFmt32gAL3xa2b4dUoywqJYn2SlUQl3I4SPT3N3RWjZU~j1-qJhNmA4GhP1W487OiwtYavP-Etj5umLoLRElnEeKqsvdXQ6krGUqw1EQjXlrNmswAIiobQlNy0xZUgs4XYLIYa9W579r~4ZCR8~N4JF79cpooT0-NWm5btni2GOLkxEZTPy4vJeKLM5df~g__&Key-Pair-Id=KUT5TJCACFTXG","At a Sept. 25 special workshop the Tiverton Planning Board reviewed proposed updates to zoning appendix A that incorporate recent state changes to adaptive-reuse and density rules, and members flagged potential conflicts with other state statutes that govern comprehensive permits.

The draft insertions implement language lifted from state law allowing adaptive reuse if a building previously used for industrial or manufacturing uses has been vacant of that use for at least one year and if the development has access to public water/sewer or approved private systems. Town counsel noted he had taken the text “straight from the general laws.”

Why it matters: the new state provisions also create a density threshold that, if met, removes density limits for certain residential conversions (the board paraphrased this as developments with at least 10% low- or moderate-income units receiving no density cap). Members warned that the town’s existing comprehensive-permit statute (cited in the discussion as a separate section of state law) contains alternative density-bonus calculations tied to water/sewer availability, and that the new language could disincentivize use of the comprehensive-permit process.

Discussion highlights

Vacancy requirement and eligible building types: Counsel and staff explained the state’s vacancy requirement applies to buildings previously used for industrial/manufacturing uses. Several board members asked whether schools and other institutional buildings can be added locally to the vacancy requirement; counsel said the state law specifically references industrial/manufacturing uses and he would research whether the town can add schools or religious facilities to the local version.

Density and conflicting bonus schemes: Board members repeatedly cited the possible tension between a state allowance that, on qualifying projects, removes density limits when a developer includes at least 10% affordable units and existing comprehensive-permit bonus tiers that scale with public water/sewer availability. Members worried that unlimited density for a 10% LMI set-aside could undercut the incentives designed by the comprehensive-permit statute and could produce outcomes the town did not intend.

Water, sewer and technical feasibility: Several members asked whether “public water” meant merely that a main runs past a property or whether it required demonstrable system capacity and operational adequacy. Staff and counsel said the draft follows the state text in requiring access to public water/sewer or approved on-site systems; they emphasized the permitting agencies (water district, DEM) would be the parties to confirm capacity and system feasibility and that a municipal approval would not override those technical determinations.

Next steps and legal options: The board asked staff to investigate whether other municipalities had raised similar concerns with the General Assembly and whether the town could propose clarifying language at the municipal level or coordinate with other towns. Romano agreed to research the legal options and report back.

Ending: The board did not vote on text at the workshop. Members agreed the questions about density, eligible building types and definitions of “adequate” public water should be clarified in the written draft before it is transmitted to Town Council.","Members raised legal and practical conflicts between new state density language for adaptive reuse and existing comprehensive-permit density bonuses, and asked counsel to explore options for municipal clarification or appeals to the General Assembly.",{"_33":88,"_35":36,"_37":38,"_39":89,"_41":90,"_43":91,"_45":92,"_47":93,"_49":94,"_51":95,"_53":96,"_55":56,"_57":58,"_59":97,"_61":62,"_63":64,"_65":98,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},6455485,"Tiverton planning board debates new ADU, accessory-structure limits as state law narrows local control",2243,179000,2422000,"/Search/View?dp=1&key=5836684-21d648521a0e00a2bb7cf6dea751ad21&start=179&end=2422","https://assets.pipeline.soar.com/5836684-21d648521a0e00a2bb7cf6dea751ad21/thumbnail_179000.jpg","/articles/6455485/Tiverton/Newport-County/Rhode-Island/Tiverton-planning-board-debates-new-ADU-accessory-structure-limits-as-state-law-narrows-local-control","https://secure.pipeline.soar.com/6455485-e9138a701389d53c0511110cdd98a255/orig.mp4?Expires=1770577653&Signature=mqe4SPejOswmzOa9riLIoXZt7njarFa8LYaK0hETJu6LIKD63nIJq4y3ZVrI35t2je~QkdtLU-LPm2WHQCz9rYtVmsMMqEIM4EPICgz5nfUBKvZdMbbYbyPH07JuIYL~KtyizEePGfaUeaSc53O3N4AaIYNOnDOQG4R9H3fqY5Qf1GTqCmj4l3L4DashF8AQJH98UQu20Pe5O7IWXeSdp~dhUhGqpc6NY0ziNikTuhvxk5rnHO1nJp8kpwz~t5clt5oju0fDy7gisZPenxbsl93ofug18kpEnbAgxLKzgnSwTBAIREhd8jmM2PQDviLJb83gMWEBiAmYxjU-CiGUvA__&Key-Pair-Id=KUT5TJCACFTXG","The Tiverton Planning Board on Sept. 25 spent more than an hour debating how to translate recently changed state rules on accessory dwelling units (ADUs) and adaptive reuse into local ordinance language and whether the town can use zoning to limit impacts.

Board Chair Bill Gerlach opened the workshop by emphasizing this was an editing session rather than a hearing or vote. Todd Romano, land-use counsel, told members, “This is a workshop, so you’re not even required to take any votes,” and said staff would revise the draft and return it as a package for a formal vote later.

Why it matters: the state has recently required municipalities to allow ADUs in specific circumstances and tightened adaptive-reuse eligibility. Board members said they want rules that protect neighborhood character while complying with state law. Several members and town counsel flagged where state language preempts municipal discretion and where local rules can still be applied.

Major points discussed

State preemption and local options: Board members and counsel repeatedly noted that the new state ADU provisions limit local authority. Romano and interim planner Ashley Sweet explained the state law allows ADUs in three scenarios, including as a reasonable accommodation for a family member with a disability, and that the statute prevents municipalities from revoking an ADU when the qualifying circumstance ends: “the law actually says that you can’t revoke the ADU for a change [in] occupancy,” Romano said. Counsel and staff told members the town has “practically zero ability” to undo or narrowly restrict some state-mandated ADU entitlements.

Owner-occupancy and eligibility: The draft includes an owner-occupancy requirement only for one eligibility pathway. Board members debated whether the town can legally add owner-occupancy to other pathways; Romano said that may be “a bridge too far” legally but he will research whether additional owner-occupancy limits can be defended.

One ADU-per-lot rule, septic/water limits: The board reviewed state language that allows an ADU in a primary dwelling or detached accessory structure but caps one ADU per lot. Members asked how water and wastewater capacity will be enforced; staff and counsel said approval of an OWTS or water tie-in by the relevant state or district agency (for example DEM or the wastewater district) is required and is the practical limiting mechanism: if an applicant cannot obtain septic approval the town cannot issue a building permit.

Size, occupancy and transient use: The draft ties ADU unit sizes to state minimums (examples discussed: one-bedroom maximums commonly treated as 900 square feet or 60% of the principal dwelling, and two-bedroom 1,200 square feet or 60%, whichever is less). The board also confirmed ADUs cannot be used for short-term tourist occupancy (generally defined in the draft as under 30 days).

Accessory structures and setback threshold: Board members focused on accessory buildings (sheds, garages, barns) because state law links dimensional treatment of accessory structures and ADUs. The working proposal on the table combined two elements: a proximity threshold and an absolute cap. For rear/side-yard proximity, the board agreed that accessory structures smaller than a small threshold should be exempt from stricter district dimensional standards; the board settled on 120 square feet as the size below which a structure may remain at the current 5-foot rear/side setback. For larger accessory buildings they proposed requiring the structure to meet the principal-structure dimensional standards for the zoning district.

Maximum accessory footprint tied to ADU rules: Because the state ties ADU and accessory-structure regulation together, the board sought a number that preserves the town’s rural character without forcing the town to permit ADUs as large as some accessory buildings. The board debated multiple figures and agreed on a working maximum of 480 square feet for detached accessory structures, or 60% of the principal structure, whichever is less, with pathways for applicants to seek relief (administrative modification up to 25% or a variance to the zoning board).

Fencing and screening heights: The board reached a working consensus on residential fence heights in yards: a 4-foot maximum within the front yard setback and a 6-foot maximum elsewhere (side and rear yards) while preserving the town’s sight-line and safety standards near streets and intersections.

Enforcement and practical limits: Members raised enforcement concerns — especially verifying owner-occupancy, whether ADU permits granted for disability accommodations could be misused, and how to police transient or short-term rental use. Counsel and staff warned that some verification options are tightly constrained by privacy and federal/state law; Romano noted the town’s enforcement tools are mostly limited to building-permit and septic/water approvals, which are required at the permitting stage.

What the board directed staff to do

- Staff (Ashley Sweet and Todd Romano) were instructed to revise the draft to reflect the board’s agreed numeric thresholds (120 sq ft proximity threshold; 480 sq ft accessory cap or 60% of primary structure, whichever is less; and fence-height standards) and to return the full package for formal consideration and eventual transmittal to the Town Council.
- Counsel was asked to research whether the town can add owner-occupancy requirements to additional ADU eligibility paths and whether schools, religious facilities or other building types can be added to the adaptive-reuse vacancy requirement.

Ending: The proposal remains a draft. Board members repeatedly emphasized the limits placed by new state law and the need to explain the local rationale clearly when the package goes to the council. Staff will produce a revised, annotated packet for the board’s next formal review before any vote or public hearing.

Quotes from the meeting

\"This is a workshop, so you're not even required to take any votes,\" Todd Romano said during the session, describing the meeting's procedural role.

\"The law actually says that you can't revoke the ADU for a change [in] occupancy,\" Romano told the board when discussing state protections for ADU permits.

Ending note: The planning board did not vote on any ordinance changes at the workshop; members agreed edits tonight would be incorporated and returned for the formal vote and public hearing process.","At a Sept. 25 workshop the Tiverton Planning Board reviewed draft zoning changes implementing recent state ADU and adaptive-reuse laws and proposed local limits on accessory structures, including a recommended 480-square-foot cap and new setback rules; staff will revise language and return the package for formal action.","actionData","errors"]

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Planning board considers procedural overhaul: digital portal, checklists and subdivision updates

Planning board flags conflicts between state density rules and local comprehensive-permit standards

Tiverton planning board debates new ADU, accessory-structure limits as state law narrows local control