The review of projects submitted under this section shall adhere to the procedures, timeframes, and standards of the underlying category of the project as listed in Article III, General Requirements, of the North Smithfield Land Development and Subdivision Review regulations (see R.I.G.L. § 45-23-36) but shall also include the following procedures:
A.
Minor subdivisions and land development projects. Except for dimensional relief granted by modification, requests for variances and/or for the issuance of special use permits related to minor subdivisions and land development projects shall be submitted as part of the application materials for the preliminary plan stage of review, or if combined, for the first stage of review. A public hearing on the application, including any variance and special use permit requests that meet the requirements of Subsection E of this section, shall be held prior to consideration of the preliminary plan by the Planning Board. The Planning Board shall conditionally approve or deny the request(s) for the variance(s) and/or special use permit(s) before considering the preliminary plan application for the minor subdivision or land development project. Approval of the variance(s) and/or special-use permit(s) shall be conditioned on approval of the final plan of the minor subdivision or land development project.
B.
Development plan review. Except for dimensional relief granted by modification, requests for relief from the literal requirements of the zoning ordinance and/or for the issuance of special use permits related to development plan review projects shall be submitted as part of the application materials for first stage of review. A public hearing on the application, including any variance and special use permit requests that meet the requirements of Subsection E(5) of this section shall be held prior to consideration of the preliminary plan by the Planning Board; see R.I.G.L. § 45-23-50(d)(1)(ii). The Planning Board shall conditionally approve or deny the request(s) for the variance(s) and/or special use permit(s) before considering the preliminary plan application for the development plan review project. Approval of the variance(s) and/or special use permit(s) shall be conditioned on approval of the final stage of review of the development plan review project.
C.
Major subdivisions and land development projects.
(1)
Master plan. Except for dimensional relief granted by modification, requests for variances for relief from the literal requirements of the zoning ordinance and/or for the issuance of a special use permit related to major subdivisions and major land development projects shall be submitted as part of the application materials for the master plan stage of review, or if combined, the first stage of review. A public hearing on the application, including any variance and special use permit requests that meets the requirements of Subsection E of this section, shall be held prior to consideration of the master plan by the Planning Board. The Planning Board shall conditionally approve or deny the requests for the variance(s) and/or special use permit(s) before considering the master plan application for the major subdivision or land development project. Approval of the variance(s) and/or special use permit(s) shall be conditioned on approval of the final plan of the major subdivision or land development project.
(2)
Preliminary plan. During the preliminary plan stage of review, applicants shall have the ability to request alteration of any variance(s) and/or special use permit(s) granted by the Planning Board during the master plan stage of review, and/or to request new variance(s) and/or special use permit(s) based on the outcomes of the more detailed planning and design necessary for the preliminary plan. If necessary, the applicant shall submit such requests and all supporting documentation along with the preliminary plan application materials. If the applicant requests new or additional zoning relief at this stage, a public hearing on the application that meets the requirements of Subsection E of this section shall be held prior to consideration of the preliminary plan by the Planning Board. The Planning Board shall conditionally approve, amend, or deny the requests for alteration(s), new variance(s) and/or new special use permit(s), before considering the preliminary plan application for the major subdivision or land development project. Approval of the alteration(s), new variance(s), and/or new special use permit(s) shall be conditioned on approval of the final plan of the major subdivision or land development project. If the Planning Board denies the request for alteration(s), new variance(s), and/or new special use permit(s), the Planning Board shall have the option of remanding the application back to the master plan stage of review. Alternatively, if the Planning Board denies the request for alteration(s), new variance(s), and/or new special use permit(s), the applicant may consent to an extension of the decision period mandated by Article 3.7, Master Plan, and 3.8, Preliminary Plan, of the North Smithfield Land Development and Subdivision Review regulations so that additional information can be provided and reviewed by the Planning Board.
D.
Decision.
(1)
The time periods by which the Planning Board shall approve or deny applications for variances and special use permits under the unified development review provisions of the local regulations shall be the same as the time periods by which the board shall make a decision on the applicable review stage of the category of project under review.
(2)
In granting requests for dimensional and use variances, the Planning Board shall be bound by the requirements contained in § 340-5.20, Variances, with the exception of § 340-5.20E(2), relative to entering evidence into the record in satisfaction of the applicable standards contained in said section, which shall be provided in writing and recorded in the land evidence records of the Town.
(3)
In reviewing requests for special use permits, the Planning Board shall be bound to the conditions and procedures under which said special use permit may be issued, and the criteria for the issuance of said permits contained within this zoning ordinance and shall be required to provide recorded findings of fact and written decisions as described in this zoning ordinance which shall be provided in writing and recorded in the land evidence records of the Town.
E.
Unless otherwise provided in this chapter, all applications under this section shall require a public hearing. The public hearing shall meet the following requirements:
(1)
Public hearing notice shall be given at least 14 days prior to the date of the hearing in a newspaper of local circulation within the municipality following the municipality's usual and customary practices for this kind of advertising. The same notice shall be posted in the Town Clerk's office and one other municipal building in the municipality and the municipality shall make the notice accessible on the municipal home page of its website at least 14 days prior to the hearing. Notice shall be sent to the applicant and to each owner within the notice area, by first class mail of the time and place of the hearing not less than 10 days prior to the date of the hearing. Notice shall also be sent to any individual or entity holding a recorded conservation or preservation restriction on the property that is the subject of the application at least 14 days prior to the hearing. The notice shall also include the street address of the subject property, or if no street address is available, the distance from the nearest existing intersection in 1/10's of a mile. For any notice sent by first-class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing.
(2)
The notice area for the public hearing shall be not less than 200 feet from the perimeter of the subject property included in the subdivision and/or land development project. Notice of the public hearing shall be sent by the administrative officer to the administrative officer of an adjacent municipality if: (1) the notice area extends into the adjacent municipality; or (2) the development site extends into the adjacent municipality; or there is a potential for significant negative impact on the adjacent municipality. Additional notice within watersheds shall also be sent by first-class mail to the town Planning Board of any municipality where there is a public or quasi-public water source, or private water source that is used, or is suitable for use, as a public water source located within 2,000 feet of the municipal boundaries.
(3)
Notice of a public hearing shall be sent to the governing body of any state or municipal water department or agency, special water district, or private water company that has riparian rights to a surface water resource and/or surface watershed that is used, or is suitable for use, as a public water source, located within either the municipality or 2,000 feet of the municipal boundaries provided that a map survey has been filed with the building inspector as specified in R.I.G.L § 45-24-53(f).
(4)
Public notice shall indicate that dimensional variance(s), use variance(s) and/or special use permit(s) are to be considered for the subdivision and/or land development project.
(5)
The obligation and cost of all public notice and advertising shall be the responsibility of the applicant who shall also be required to submit a notarized affidavit to the Planning Board attesting to such public notice and advertisement.
F.
The time periods by which the permitting authority shall approve, approve with conditions, or deny requests for variances and special-use permits under the unified development review provisions of a zoning ordinance shall be the same as the time periods by which the Planning Board shall make a decision on the applicable review stage of the underlying type of project under review.
G.
The expirations period of an approval of a variance or special use permit granted under this section shall be the same as those set forth in the statute for the underlying type of project under review.
Decisions under this section, including requests for the variance(s) and/or special use permits that are denied by the Planning Board may be appealed to the Superior Court for the county in which the municipality is situated by filing a complaint stating the reasons for the appeal within 20 days after the decision has been recorded and posted in the office of the Town Clerk.