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, 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.
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.
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.
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.
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.