A.
Endorsement.
(1)
Signature and recording as specified herein shall constitute the
acceptance by the Town of only the layout of lots and streets, other
public improvement(s) or other land intended for dedication. Final
plan approval and recording shall not impose any duty upon the Town
to maintain or improve those dedicated areas until the Town Council
accepts the completed public improvements as constructed in compliance
with the final plans and regulations.
(2)
All approved final plans and plats for land development and subdivision
projects shall be endorsed (signed) by the administrative officer;
should the administrative officer be unable to fulfill his/her duties
due to termination, resignation or incapacitation, the Chairman of
the Planning Board shall endorse as the administrative officer until
such time as the administrative officer is able to resume said duties,
or a new administrative officer is appointed. All endorsements shall
include the date of such endorsement.
(3)
No endorsement of plans and plats shall be made until:
B.
Recording.
(1)
Upon endorsement, all plans and plats shall be submitted to the administrative officer prior to recording and filing in the Land Evidence Records of the Town. The material to be recorded shall include all plat drawings and other pertinent information as indicated on the appropriate final plat checklist included as an attachment to this chapter. A copy of the written decision of the Board, signed by the appropriate Planning Board or Town official, shall also be recorded. No plans, plats or supporting materials shall be recorded until the administrative officer has certified, in writing, that all required fees have been paid.
(2)
Other parts of the application's record for subdivisions and land
development projects, including all meeting records, approved master
plan and preliminary plans, site analyses, impact analyses, impact
statements, all legal agreements, records of the public hearing and
the entire final approval set of drawings shall be kept permanently
by the Town departments responsible for implementation and enforcement.
One copy shall be kept on file by the Planning Department.
(3)
Construction drawings need not be recorded. However, a complete blue-line
or photocopy set of construction drawings, including street plans
and profiles, cross sections, grading plans, drainage plans, landscaping
plans, soil erosion and sediment control plans, utility plans and
any other construction plans, details and specifications required
as a condition of approval shall be filed with the administrative
officer prior to recording of the plat. One copy of all construction
drawings shall be kept by the Department of Public Works.
(4)
The administrative officer shall notify the Town 911 coordinator,
who shall in turn notify the statewide 911 emergency authority and
the local police and fire authorities servicing the new plat with
the information required by each of the authorities.
A.
General. For all changes to the approved plans of land development projects or subdivisions subject to these regulations, an amendment of the final development plans shall be required prior to the issuance of any building permits for construction upon the subject property. Any changes approved to the final plan shall be recorded as amendments to the final plan in accordance with the procedure established for recording of plats and plans as provided in § 450-24 of this article, above.
B.
Minor changes.
(1)
Minor changes to a land development or subdivision plan shall be approved administratively by the administrative officer. The administrative officer may, at his/her discretion, authorize such changes without review and approval of the Planning Board and without a public hearing thereon. All such changes shall be made a part of the permanent record of the project application. This provision shall not prohibit the administrative officer from requesting a recommendation from the Planning Board. Denial of the proposed change(s) by the administrative officer shall be referred to the Planning Board for review as a major change according to the procedure provided in Subsection C below. Upon written authorization of the approval of a minor change by the administrative officer, the Building Official may issue a building permit for any proposed construction upon the subject property.
(2)
For the purpose of these regulations, the term "minor change" shall
mean any change which, in the opinion of the administrative officer,
is consistent with the intent of the original approval. Such minor
changes shall include, but are not necessarily limited to, the following:
(a)
Amendments to utility plans which are acceptable to the Director
of Public Works or Highway Supervisor or to the appropriate utility
company;
(c)
Amendments to grading plans or drainage plans which are acceptable
to the Director of Public Works or Highway Supervisor and which do
not require approval of any state or federal reviewing authorities;
(d)
Amendments to construction plans which are required because
of unforeseen physical conditions on the parcel being subdivided;
(e)
Modifications to any construction plans for off-site improvements
which are acceptable to the Director of Public Works or Highway Supervisor;
or
(f)
Modifications which are required by outside permitting agencies
such as, but not limited to, the Department of Environmental Management
and the Department of Transportation.
C.
Major changes.
(1)
Major changes to a land development or subdivision plan may be approved only by the Planning Board. The procedure for approval of any such major changes shall follow the same review and public hearing process as required for preliminary approval of a major land development and major subdivision as provided in Article V, § 450-19D(4).
(2)
For the purpose of these regulations, the term "major changes" shall
mean changes which, in the opinion of the administrative officer,
are clearly contrary to the intent of the original approval. Such
major changes shall include, but are not necessarily limited to, the
following:
(a)
Changes which would have the effect of creating additional lots
or dwelling units for development;
(b)
Changes which would be contrary to any applicable provision of Chapter 400, Zoning, of the Town Code or which require a variance or special use permit from the Zoning Board of Review; or
(c)
Changes which may have significant negative impacts on abutting
property or property in the vicinity of the proposed subdivision or
land development project.
D.
Rescission procedure. The Planning Board, only upon application by all landowners of the plat to be affected, may determine that the application for plat rescission is not consistent with the Comprehensive Community Plan and is not in compliance with the standards and provisions of Chapter 400, Zoning, and/or these land development and subdivision review regulations and shall hold a public hearing which adheres to the requirements for notice described in R.I.G.L. § 45-23-42. The Planning Board shall approve, approve with conditions or modifications, or deny the application for rescission of the plat according to the requirements of R.I.G.L. § 45-23-63. If it is necessary to abandon any street covered under R.I.G.L. Chapter 24-6, the Planning Board shall submit to the Town Council the documents necessary for the abandonment process. Once the required process for rescission or for rescission and abandonment has been completed, the revised plat shall be signed and recorded as specified in R.I.G.L. § 45-23-64.[1]
[1]
Editor's Note: Added at time of codification.
