In all administrative, minor and major development applications the approving authorities responsible for land development and subdivision review and approval shall address each of the general purposes stated in Article I and shall make positive findings on the following standard provisions, as part of the proposed project's record prior to approval:
1. 
The proposed development is consistent with the Portsmouth Comprehensive Community Plan and/or has satisfactorily addressed the issues where there may be inconsistencies;
2. 
The proposed development is in compliance with the standards and provisions of the Portsmouth's Zoning Ordinance;[1]
[1]
Editor's Note: See Ch. 405, Zoning.
3. 
There will be no significant negative environmental impacts from the proposed development as shown on the final plan, with all required conditions for approval;
4. 
Subdivision, as proposed, will not result in the creation of individual lots with such physical constraints to development that building on those lots according to pertinent regulations and building standards would be impracticable. (See definition of Buildable lot.) Lots with such physical constraints to development may be created only if identified as permanent open space or permanently reserved for a public purpose on the approved, recorded plans; and
a) 
Developable land area.
This provision shall not apply to any lot of less than two (2) acres in area existing and recorded prior to July 1, 1994.
For the purpose of calculating the minimum lot size required by these Regulations or calculating the maximum number of units, maximum lot coverage, or maximum density permitted in accordance with any development standards contained in these Regulations, the terms "land", "land area", "lot size", and "lot area" or any such similar term shall mean "developable land area", which is defined as follows:
Developable Land Area is the total gross land area of the parcel proposed for development LESS the total of the following:
(1) 
Freshwater wetlands as defined in Title 2, Chapter 1 of the General Laws of Rhode Island as amended and in any rules and regulations adopted pursuant thereto. Provided, however, that any setback requirement from the edge of a wetland as so defined in Title 2, Chapter 1, shall not be included in the calculation of wetland area.
(2) 
Coastal shoreline systems as defined by Section 120.0-2A.1 of the Rhode Island Coastal Resources Management Program, as amended February 1982, or subsequent amendments thereto, as follows:
(a) 
Beaches and barrier beaches.
(b) 
Cliffs, ledges and bluffs.
(c) 
Coastal wetlands.
(d) 
Sand dunes.
(e) 
All directly associated contiguous areas which are necessary to preserve the integrity of such features.
(3) 
Any public or private street or street right-of-way.
(4) 
Existing water surfaces.
(5) 
Areas required for stormwater retention/detention under these Regulations, or any other Ordinance of the Town of Portsmouth, or by the RI Department of Environmental Management, or by the RI Coastal Resources Management Council.
(6) 
Areas required for utility easements of public utilities.
5. 
All proposed land developments and all subdivision lots shall have adequate and permanent physical access to a public street. Lot frontage on a public street without physical access shall not be considered compliance with this requirement.
1. 
Zoning Board of Review.
a) 
Where an applicant requires both a variance from the Zoning Ordinance and Planning Board approval, the applicant shall first obtain an advisory recommendation from the Planning Board, as well as conditional Planning Board approval for the first approval stage for the proposed project, which may be simultaneous, then obtain conditional Zoning Board of Review relief, and then return to the Planning Board for subsequent required approval(s).
b) 
Where an applicant requires both a special-use permit under the Portsmouth Zoning Ordinance and Planning Board approval, the applicant shall first obtain an advisory recommendation from the Planning Board, as well as conditional Planning Board approval for the first approval stage for the proposed project, which may be simultaneous, then obtain a conditional special-use permit from the Zoning Board of Review, and then return to the Planning Board for subsequent required approval(s).
2. 
Town Council. Where an applicant requires both Planning Board approval and Town Council approval for a Zoning Ordinance or zoning map change, the applicant shall first obtain an advisory recommendation on the zoning change from the Planning Board, as well as conditional Planning Board approval for the first approval stage for the proposed project, which may be simultaneous, then obtain a conditional zoning change from the Town Council, and then return to the Planning Board for subsequent required approval(s).
[Amended 4-29-1998]
1. 
Release of lots. A release of lots form to allow the sale or issuance of building permits for individual lots in the subdivision as a whole or in approved phases shall be signed by the Planning Board if all of the following, as applicable, have been received by the Planning Board:[1]
a) 
A copy of the recorded final plan, filed per the provisions of Section F. herein.
b) 
A copy of the recorded performance covenant, if applicable.
c) 
A copy of the recorded restrictive covenant, if applicable.
d) 
A form signed by the Administrative Officer that any special conditions of approval, as required by the Planning Board, have been met.
e) 
The construction of roads and required public improvements have either been completed or the construction thereof secured by one (1) or more of the methods described in Article X.
[1]
Note: Changed 4-29-1998 from 'A release of lots form to allow the sale or issuance of building permits for individual lots in the subdivision as a whole or in approved phases shall be signed by the Planning Board if all of the following, as applicable, have been received by the Planning Board.'
2. 
Sale of lots. The applicant shall record the Release of Lots form prior to the sale of any of the subject lots.[2]
[2]
Note: Changed 4-29-1998 from '2. SALE OF LOTS The applicant shall record the release of Lots form prior to the sale of any of the subject lots.'
3. 
Building permits. The Building Inspector shall deem a building lot inaccessible, and shall not issue a building permit for a new structure, until all drainage, underground utilities, and a roadway binder course for the entire frontage of the lot have been installed to the satisfaction of the Director of Public Works, per the provisions of Article X. herein.[3]
[3]
Note: Changed 4-29-1998 from '3) BUILDING PERMITS The Building Inspector shall deem a building lot inaccessible, and shall not issue a building permit for a new structure, until all drainage, underground utilities, and a roadway binder course for the entire frontage of the lot have been installed to the satisfaction of the Director of Public Works, per the provisions of Article X. herein.
1. 
Waiver of development plan approval.
a) 
The Planning Board may waive requirements for development plan approval where there is a change in use or occupancy and no extensive construction of improvements is sought. The waiver may be granted only by a decision by the Planning Board finding that the use will not affect existing drainage, circulation, relationship of buildings to each other, landscaping, buffering, lighting and other considerations of development plan approval, and that the existing facilities do not require upgraded or additional site improvements.
b) 
The application for a waiver of development plan approval review shall include documentation, as required by the Planning Board, on prior use of the site, the proposed use, and its impact.
2. 
Waiver and/or modification of requirements. The Planning Board shall have the power to grant such waivers and/or modifications from the requirements for land development and subdivision approval as may be reasonable and within the general purposes and intents of the provisions for these Regulations. The only grounds for such waivers and/or modifications shall be where the literal enforcement of one (1) or more provisions of the regulations is impracticable and will exact undue hardship because of peculiar conditions pertaining to the land in question or where such waiver and/or modification is in the best interest of good planning practice and/or design as evidenced by consistency with the Portsmouth's comprehensive plan and Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 405, Zoning.
3. 
Reinstatement where deadline exceeded. When an applicant has exceeded a deadline established by these Regulations for submission of material for a subdivision or land development, thereby rendering a previously granted approval invalid, an application for reinstatement of a previously approved subdivision shall be made to the Planning Board in writing by the subdivider. The Planning Board, in approving or denying the request for an extension, shall make findings of fact which shall be made part of the record. The application may be reinstated by the Planning Board under the following conditions:
a) 
The subdivision is consistent with the Comprehensive Community Plan;
b) 
The Subdivision Regulations are substantially the same as they were at the time of original approval;
c) 
The zoning of the subdivision parcel is substantially the same as it was at the time of original approval;
d) 
Physical conditions on the subdivision parcel are substantially the same as they were at the time of original approval; and,
e) 
Any applicable State or federal regulations are substantially the same as they were at the time of original approval.
4. 
Decision. The Planning Board shall approve, approve with conditions or deny the request for either a waiver or modification as described in Paragraph 1 or 2 above, according to this Article.
1. 
All records of the Planning Board proceedings and decisions shall be written and kept permanently available for public review. Completed applications for proposed land development and subdivision projects under review by the Planning Board, shall be available for public review.
2. 
Participation in a Planning Board meeting or other proceedings by any party shall not be a cause for civil action or liability except for acts not in good faith, intentional misconduct, knowing violation of law, transactions where there is an improper personal benefit, or malicious, wanton, or willful misconduct.
3. 
All final written comments to the Planning Board from the Administrative Officer, municipal departments, the technical review committee, state and federal agencies, and Town commissions shall be part of the permanent record of the development application.
4. 
Votes. All votes of the Planning Board shall be made part of the permanent record and shall show the members present and their votes. A decision by the Planning Board to approve any land development or subdivision application shall require a vote for approval by a majority of the current Planning Board membership.
5. 
Record decisions. All written decisions of the planning board shall be recorded in the land evidence records within thirty-five (35) days after the planning board vote. A copy of the recorded decision shall be mailed within one (1) business day of recording, by any method that provides confirmation of receipt, to the applicant and to any objector who has filed a written request for notice with the administrative officer.
[Added 1-11-2012]
1. 
All approved final plans and plats for land development and subdivision projects shall be signed by the appropriate Planning Board official with the date of approval. Plans and plats for major land developments and subdivisions shall be signed by the Planning Board chairperson or the secretary of the Planning Board attesting to the approval by the Planning Board. All minor land development or subdivision plans and plats and administrative plats shall be signed by the Planning Board chairperson or secretary or the board's designated agent.
[Amended 4-29-1998[1]]
a) 
All recorded plans for merging adjacent lots as Administrative Subdivisions shall be either 1) Class I Surveys or 2) full metes and bounds descriptions of the revised parcel(s) accompanied by a drawing to scale of the perimeter boundaries of the merged lot conforming to the deed description. Deed descriptions may be utilized only if they reference a pre-existing recorded plat(s).
b) 
All other recorded plans shall be Class I Surveys. Each plan shall be stamped and dated by a registered professional surveyor in the State of Rhode Island.
c) 
The size of all plans to be recorded in the Land Evidence Records shall be within a minimum of twenty-two by thirty-two inches (22" x 32") and a maximum of twenty-four by thirty-six inches (24" x 36").
[Added 1-11-2012]
[1]
Note: Changed 4-29-1998 from '1. All approved final plans and plats for land development and subdivision projects shall be signed by the appropriate Planning Board official with the date of approval. Plans and plat for major land developments and subdivision shall be signed by the Planning Board Chairperson or Secretary of the Planning Board attesting to the approval by the planning Board. All minor land development or subdivision plans and administrative plats shall be signed by the Planning Board chairperson or the secretary or the board's designated agent.' Subparagraphs a. and b. added.
2. 
Upon signature, all plans and plats shall be submitted to the Administrative Officer prior to recording and filing in the appropriate municipal departments. The material to be recorded for all plans and plats shall include all pertinent plans with notes thereon concerning all the essential aspects of the approved project design, the implementation schedule, special conditions placed on the development by the Town, permits and agreements with state and federal reviewing agencies, and other information as required by the Planning Board.
3. 
Other parts of the applications record for subdivisions and land development projects, including all meeting records, approved master plan and preliminary plans, site analyses, impact analyses, all legal agreements, records of the public hearing and the entire final approval set of drawings shall be kept permanently by the municipal departments responsible for implementation and enforcement.
4. 
The Administrative Officer shall 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.
1. 
For all changes to the approved plans of land development projects or subdivisions subject to this act, an amendment of the final development plans is required prior to the issuance of any building permits. Any changes approved in the final plan shall be recorded as amendments to the final plan in accordance with the procedure established for recording of plats in Section E. above.
2. 
Minor changes, as defined in these Regulations, to a land development or subdivision plan may be approved administratively, by the Administrative Officer, whereupon a permit may be issued. Such changes may be authorized without additional public hearings, at the discretion of the Administrative Officer. All such changes shall be made part of the permanent record of the project application. This provision shall not prohibit the Administrative Officer from requesting a recommendation from either the technical review committee or the Planning Board. Denial of the proposed change(s) shall be referred to the Planning Board for review as a major change.
3. 
Major changes, as defined in these Regulations, to a land development or subdivision plan may be approved, only by the Planning Board and must follow the same review and public hearing process required for approval of preliminary plans as described in Article VI.