The purpose of these regulations is to establish procedural and substantive provisions for the subdivision and development of land that will, consistent with the provisions of the Portsmouth Comprehensive Community Plan, the Zoning Ordinance,[1] all other duly adopted land development regulations of the Town of Portsmouth, and Section 45-23 of the R.I. General Laws, accomplish the following:
1. 
Protect the public health, safety and welfare of the community;
2. 
Provide for the orderly, thorough and expeditious review and approval of subdivisions and land development projects, by the establishment and consistent application of procedures for record-keeping on all matters of land development and subdivision review, approval and construction.
3. 
Promote high quality, and appropriate design and construction of subdivisions and land development projects;
4. 
Protect existing natural and built environments and mitigate the significant negative impacts of proposed development on those environments;
5. 
Promote subdivision and land development designs that are well-integrated into surrounding neighborhoods, and concentrate development in areas that can best support intensive use because of natural characteristics and existing infrastructure.
6. 
Provide for design and construction standards to reflect the intent of the community comprehensive plan with regard to the physical character of the various neighborhoods and districts of the community;
7. 
Require measures for mitigating the impact of new development on the community that are based on clear documentation of needs and are fairly applied and administered;
8. 
Direct the development of land consistent with state of the art practices that promote and foster growth in a manner that protects the Town's distinctive character while at the same time accommodating economic growth;
9. 
Guide land development with an emphasis on siting subdivision improvements so as to allow for the maximum preservation of existing natural features;
10. 
Insure that proposed designs institute best management practices that acknowledge existing site constraints and the natural setting.
11. 
Make adequate provision for traffic; to lessen traffic accidents; to secure a well-articulated street and highway system; to promote safety from fire and other dangers.
12. 
Facilitate the adequate, efficient and economic provision of transportation, water supply, sewerage, recreation and other public utilities and amenities.
[1]
Editor's Note: See Ch. 405, Zoning.
Any person proposing to subdivide any land in the Town of Portsmouth shall make a plat thereof and submit same to the Planning Board, through the Administrative Officer, for approval. No plat of a subdivision of land in the Town shall be accepted for filing or recording in the land evidence records of the Town until it shall have been approved by the Planning Board, and such approval entered in writing on the plat by the Chair or Secretary of the Planning Board.
Whenever any subdivision of land is proposed, before any development shall take place thereon, before any permit for the erection of a structure shall be granted, and before any lot within the subdivision shall be sold, the owner of said land, or his designated representative, shall apply for and secure approval of such proposed subdivision in accordance with the procedures herein.
1. 
These regulations are not intended to supersede, abrogate, or interfere with any provision of any ordinance of the Town of Portsmouth.
2. 
In the event of a conflict between general regulations and a regulation applicable to a specific type of subdivision, the more specific regulation shall be controlling.
3. 
These regulations are intended to be interpreted so as to be consistent with, and further the implementation of, the Comprehensive Community Plan and the Rhode Island Land Development and Subdivision Review Enabling Act of 1992.[1] Consistency with the Comprehensive Plan means in accordance with the goals, policies, procedures, maps and other policy statements in the plan.
[1]
Editor's Note: See RIGL Title 45, Ch. 23, § 45-23-25 et seq.
4. 
If any section or subsection of these regulations is held invalid by a court of competent jurisdiction, such invalidity shall not affect the validity of the remainder of these regulations.
These regulations shall take effect on December 31, 1995, and shall supersede all other subdivision regulations in effect at the time of such adoption.
Nothing herein contained shall impair the validity of any plat legally recorded prior to the effective date of these regulations. Subdivisions that have been formally submitted to the Planning Board for approval under the Regulations in effect prior to November 27, 1995 (the date these regulations were first advertised for public comment) may be continued to be reviewed by the Planning Board and approved under those Regulations in accordance with the following:
1. 
Final approvals. Any subdivision which, at the time of adoption of these amendments, has received final approval, or final approval with conditions, from the Planning Board, may initiate or construct any part of the development, or record said plans in accordance with the Subdivision Regulations in effect at the time final approval was granted. The Planning Board, may, in its discretion, grant extensions to any such final approval in accordance with the procedure for such extensions as set forth in the Regulations in effect at the time of final approval.
2. 
Preliminary approvals. Any subdivision which, at the time of adoption of these amendments, has received preliminary approval, or preliminary approval with conditions, from the Planning Board, may continue to be reviewed by the Planning Board in accordance with the Subdivision Regulations in effect at the time preliminary approval was granted provided any one of the following conditions has been met:
a) 
The final plat, including all the material required in the Final Plat Checklist, is filed with the Planning Board within one (1) year from the date of preliminary approval; or,
b) 
The subdivision is located within an area and is of a nature to be within the jurisdiction of the Rhode Island Coastal Resources Management Council (CRMC) and the preliminary plans as approved by the Planning Board, have been filed with CRMC for an Assent as required by the Coastal Resources Management Program; or,
c) 
The subdivision is located within an area and is of a nature to be within the jurisdiction of the Rhode Island Department of Environmental Management (RIDEM) and the preliminary plans as approved by the Planning Board have been filed with RIDEM for approval as required by the Freshwater Wetlands Act.[1]
[1]
Editor's Note: See RIGL § 2-1-18 et seq.
3. 
Other status. Any subdivision which, at the time of adoption of these Regulations, has not received final or preliminary approval; or has been reviewed by the Planning Board for preliminary review but no approval therefor has been granted; or has received preliminary approval more than one (1) year prior to the date of adoption of these regulations; or for which only preapplication conference(s) has (have) been conducted shall be required to be reviewed under the revisions to the Subdivision and Land Development Regulations adopted on December 13, 1995 pursuant to the Rhode Island Land Development and Subdivision Review Enabling Act of 1992.[2]
a) 
The Planning Board shall determine vested rights for subdivisions submitted for approval prior to November 27, 1995. Appeals from a decision regarding the application status and vested rights of any subdivision shall be made to the Planning Board of Appeal as herein provided.
[2]
Editor's Note: See RIGL Title 45, Ch. 23, § 45-23-25 et seq.