A.
One or more preapplication meetings shall be held for all major land
development or subdivision applications. Preapplication meetings may
be held for administrative and minor applications, upon request of
either the Town or the applicant. Preapplication meetings shall allow
the applicant to meet with appropriate officials, boards and/or commissions,
planning staff, and, where appropriate, state agencies, for advice
as to the required steps in the approvals process, the pertinent local
plans, ordinances, regulations, rules and procedures and standards
which may bear upon the proposed development project.
B.
At the preapplication stage, the applicant may request the Planning
Board or the Technical Review Committee for an informal concept plan
review for a development. The purpose of the concept plan review is
also to provide Planning Board or Technical Review Committee input
in the formative stages of major subdivision and land development
concept design.
C.
Applicants seeking a preapplication meeting or an informal concept
review shall submit to the Administrative Officer the required general,
conceptual materials in advance of the meeting(s). (See Appendix § 2.[1])
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[1]
Editor's Note: Appendix is included as an attachment to this chapter.
D.
Preapplication meetings shall aim to encourage information sharing
and discussion of project concepts among the participants. Preapplication
discussions are intended for the guidance of the applicant and shall
not be considered approval of a project or its elements. At least
one preapplication meeting shall be held for major land development
or major subdivision application unless 60 days has elapsed from the
filing of the preapplication submission and no preapplication meeting
has been scheduled to occur within those 60 days. Nothing shall be
deemed to preclude an applicant from thereafter filing and proceeding
with an application for a land development or subdivision project
in accordance with RIGL 45-23-36.
E.
Provided that at least one preapplication meeting has been held for major land development or subdivision application or 60 days have elapsed from the filing of the preapplication submission and no preapplication meeting has been scheduled to occur within said 60 days, nothing shall be deemed to preclude an applicant from thereafter filing and proceeding with an application for a land development or subdivision project in accordance with § A261-25.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A.
Classification. The Administrative Officer shall advise the applicant as to which approvals are required and the appropriate board for hearing an application for a land development or subdivision project. The following types of applications, as defined in § A261-8, may be filed:
B.
Certification of a complete application. An application
shall be complete for purposes of commencing the applicable time period
for action when so certified by the Administrative Officer. Every
certification of completeness required by this chapter shall be in
writing. In the event such certification of the application is not
made within the time specified in this chapter for the type of plan,
the application shall be deemed complete for purposes of commencing
the review period unless the application lacks information required
for such applications as specified in these regulations and the Administrative
Officer has notified the applicant, in writing, of the deficiencies
in the application.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Notwithstanding Subsections A and B above, the Planning Board may subsequently require correction of any information found to be in error and submission of additional information specified in the regulations but not required by the Administrative Officer prior to certification, as is necessary to make an informed decision.
D.
Where the review is postponed with the consent of
the applicant, pending further information or revision of information,
the time period for review shall be stayed and shall resume when the
Administrative Officer or the Planning Board determines that the required
application information is complete.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Any applicant requesting approval of a proposed administrative
subdivision, as defined in this chapter, shall submit to the Administrative
Officer the items required by these regulations. (See Appendix § 1.[1]).
[1]
Editor's Note: Appendix is included as an attachment to this chapter.
B.
The application shall be certified, in writing, as complete or incomplete by the Administrative Officer within a fifteen-day period from the date of its submission according to the provisions of § A261-25B.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Review process:
(1)
Within 15 days of certification of completeness, the
Administrative Officer, or the Technical Review Committee, shall review
the application and approve, deny or refer it to the Planning Board
with recommendations. The Officer or Committee shall report its actions
to the Planning Board at its next regular meeting, to be made part
of the record.
(2)
If no action is taken by the Administrative Officer
or the Technical Review Committee within the 15 days, the application
shall be placed on the agenda of the next regular Planning Board meeting.
D.
If referred to the Planning Board, the Board shall
consider the application and the recommendations of the Administrative
Officer and/or the Technical Review Committee and shall either approve,
approve with conditions, or deny the application within 65 days of
certification of completeness. Failure of the Planning Board to act
within the period prescribed shall constitute approval of the administrative
subdivision plan and a certificate of the Administrative Officer as
to the failure of the Planning Board or Committee to act within the
required time, and the resulting approval shall be issued on request
of the applicant.
E.
Denial of an application by the Administrative Officer
and/or the Technical Review Committee shall not be appealable and
shall require the plan to be submitted as a minor subdivision application.
A.
Review stages. Minor plan review shall consist of two stages, preliminary
and final, provided that, if a street creation or extension is involved,
a public hearing is required. The Planning Board may combine the approval
stages, providing requirements for both stages have been met by the
applicant to the satisfaction of the planning officials.
B.
Submission requirements. Any applicant requesting approval of a proposed
minor land development or minor subdivision, as defined in this chapter,
shall submit to the Administrative Officer the items required by these
regulations.
C.
Certification. The application shall be certified, in writing, complete or incomplete by the Administrative Officer within 25 days or within 15 days if not street creation or extension is required, according to the provisions of § A261-25B. The running of the time period set forth herein shall be deemed stopped upon the issuance of a certificate of incompleteness of the application by the Administrative Officer and shall recommence upon the resubmission of a corrected application by the applicant. However, in no event shall the administrative officer be required to certify a corrected submission as complete or incomplete less than 14 days after its resubmission.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
Reassignment to major review. The Planning Board may reassign a proposed minor project to major review only when the Planning Board is unable to make the positive findings required in § A261-14.
E.
Decision. If no street creation or extension is required, the Planning Board shall approve, deny, or approve with conditions the preliminary plan within 65 days of certification of completeness, or within such further time as is agreed to by the applicant and the Board, according to the requirements of § A261-41. If a street extension or creation is required, the Planning Board shall hold a public hearing prior to approval according to the requirements in § A261-28 and shall approve, deny, or approve with conditions, the preliminary plan within 95 days of certification of completeness, or within such further time as is agreed to by the applicant and the Board, according to the requirements of § A261- 41.
F.
Failure to act. Failure of the Planning Board to act within the period
prescribed shall constitute approval of the preliminary plan, and
a certificate of the Administrative Officer as to the failure of the
Planning Board to act within the required time and the resulting approval
shall be issued on request of the applicant.
G.
Final plan. The Planning Board may delegate final plan review and
approval to either the Administrative Officer or the Technical Review
Committee. The Officer or Committee shall report its actions, in writing,
to the Planning Board at its next regular meeting, to be made part
of the record.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
H.
Expiration of approval. Approval of a minor land development or subdivision plan shall expire 90 days from the date of approval unless within such period a plat or plan, in conformity with such approval, and as defined in this act, is submitted for signature and recording as specified in § A261-42. Validity may be extended for a longer period, for cause shown, if requested by the applicant in writing, and approved by the Administrative Officer or Planning Board.
A.
Major plan review shall be required of all applications for land
development and subdivision approval subject to this chapter, unless
classified as an administrative subdivision or as a minor land development
or a minor subdivision.
B.
Major plan review shall consist of three stages of review (master plan, preliminary plan and final plan) following the preapplication meeting(s) specified in § A261-25. Also required is a public informational meeting and a public hearing.
C.
The Planning Board may vote to combine review stages and to modify and/or waive requirements as specified in § A261-22. Review stages may be combined only after the Planning Board determines that all necessary requirements have been met by the applicant.
D.
Master plan review procedures.
(1)
Submission requirements:
(a)
The applicant shall first submit to the Administrative Officer
the items required by these regulations for master plans. (See Appendix
§ 5.[1])
[1]
Editor's Note: Appendix is included as an attachment to this chapter.
(b)
Master plan information and supporting material for this phase
of review shall include, but not be limited to: information on the
natural and built features of the surrounding neighborhood, existing
natural and man-made conditions of the development site, including
topographic features, the freshwater wetland and coastal zone boundaries,
the floodplain, as well as the proposed design concept, proposed public
improvements and dedications, tentative construction phasing, and
potential neighborhood impacts.
(c)
Initial comments shall be solicited from: (1) Town/local agencies
and commissions, as appropriate; (2) adjacent communities; (3) state
agencies, as appropriate; and (4) federal agencies, as appropriate.
The Administrative Officer shall coordinate review and comments by
local officials, adjacent communities, and state and federal agencies.
(2)
Certification. The application shall be certified, in writing, complete or incomplete by the Administrative Officer within 25 days, according to the provisions of § A261-25B. The running of the time period set forth herein will be deemed stopped upon the issuance of a certificate of incompleteness of the application by the Administrative Officer and will recommence upon the resubmission of a correct application by the applicant. However, in no event will the Administrative Officer be required to certify a corrected submission as complete or incomplete less than 10 days after its resubmission.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3)
Technical Review Committee. The Technical Review Committee, if established,
shall review the application and shall comment and make recommendations
to the Planning Board.
(4)
Informational meeting. A public informational meeting shall be held
prior to the Planning Board decision on the master plan, unless the
master plan and preliminary plan approvals are being combined, in
which case the public informational meeting shall be optional, based
upon Planning Board determination.
(a)
Public notice for the informational meeting is required and
shall be given at least seven days prior to the date of the meeting
in a newspaper of general circulation within the Town. Postcard notice
shall be mailed by the applicant to all property owners within 200
feet of the property proposed for development. The applicant shall
be responsible for all required notification to adjacent property
owners prior to the public hearing and shall submit for the record
a completed affidavit of notice, on a form as provided by the Administrative
Officer.
(b)
At the public informational meeting the applicant shall present
the proposed development project. The Planning Board shall allow oral
and written comments from the general public. All public comments
shall be made part of the public record of the project application.
(5)
Decision. The Planning Board shall, within 90 days of certification of completeness, or within such further time as may be consented to by the applicant through the submission of a written waiver, approve of the master plan as submitted, approve with changes and/or conditions, or deny the application, according to the requirements of § A261-41.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(6)
Failure to act. Failure of the Planning Board to act within the period
prescribed shall constitute approval of the master plan, and a certificate
of the Administrative Officer as to the failure of the Planning Board
to act within the required time and the resulting approval shall be
issued on request of the applicant.
(7)
Vesting.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(a)
The approved master plan shall be vested for a period of two
years, with the right to extend for two one-year extensions upon written
request by the applicant, who must appear before the Planning Board
for the annual review. Thereafter, vesting may be extended for a longer
period, for good cause shown, if requested by the applicant in writing,
and approved by the Planning Board. Master plan vesting shall include
the zoning requirements, conceptual layout and all conditions shown
on the approved master plan drawings and supporting materials.
(b)
The initial four-year vesting for the approved master plan shall
constitute the vested rights for the development.
E.
Preliminary plan review procedures.
(1)
Submission requirements.
(a)
The applicant shall first submit to the Administrative Officer
the items required by these regulations for preliminary plans. (See
Appendix § 6.[2])
[2]
Editor's Note: Appendix is included as an attachment to this chapter.
(b)
Requirements for the preliminary plan and supporting materials
for this phase of the review shall include, but not be limited to
engineering plans depicting the existing site conditions, engineering
plans depicting the proposed development project, a perimeter survey,
all permits required by state or federal agencies prior to commencement
of construction, including permits related to freshwater wetlands,
the coastal zone, floodplain, preliminary suitability for individual
septic disposal systems, public water systems, and connections to
state roads.
(c)
At the preliminary plan review phase, the Administrative Officer
shall solicit final written comments and/or approvals of all Town
departments and commissions, as appropriate.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(d)
Prior to approval of the preliminary plan, copies of all legal
documents describing necessary for the proposed development.
(2)
Certification. The application shall be certified as complete or incomplete by the Administrative Officer within 25 days, according to the provisions of § A261-25B. The running of the time period set forth herein will be deemed stopped upon the issuance of a certificate of incompleteness of the application by the Administrative Officer and will recommence upon the resubmission of a corrected application by the applicant. However, in no event shall the administrative officer be required to certify a corrected submission as complete or incomplete less than 10 days after its resubmission.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3)
Technical Review Committee. The Technical Review Committee, if established,
shall review the application and shall comment and make recommendations
to the Planning Board.
(4)
Public hearing. Prior to Planning Board decision on the preliminary plan, a public hearing, which adheres to the requirements for notice described in § A261-28F, must be held.
(5)
Public improvement guarantees. Proposed arrangements for completion
of the required public improvements, including construction schedule
and/or financial guarantees, shall be reviewed and approved by the
Planning Board prior to preliminary plan approval.
(6)
Decision. A complete application for a major subdivision or development plan shall be approved, approved with conditions or denied, in accordance with the requirements of §§ A261-14 and A261-41, within 90 days of the date when it is certified complete, or within such further time as may be consented to by the developer through the submission of a written waiver.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(7)
Failure to act. Failure of the Planning Board to act within the period
prescribed shall constitute approval of the preliminary plan and a
certificate of the Administrative Officer as to the failure of the
Planning Board to act within the required time and the resulting approval
shall be issued on request of the applicant.
(8)
Expiration of approval. The applicant shall be responsible for all
required notification to adjacent property owners prior to the public
hearing and shall submit for the record a completed affidavit of notice,
on a form as provided by the Administrative Officer. The approved
preliminary plan shall be vested for a period of two years, with the
right to extend for two one-year extensions upon written request by
the applicant, who must appear before the Planning Board for each
annual review and provide proof of valid state or federal permits
as applicable. Thereafter, vesting may be extended for a longer period,
for good cause shown, if requested in writing by the applicant, and
approved by the Planning Board. The vesting for the preliminary plan
approval shall include all general and specific conditions as shown
on the approved preliminary plan drawings and supporting material.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
F.
Public hearing and notice.
(1)
Public hearing. A public hearing shall be required for a major land
development project or a major subdivision or where a street extension
or creation requires a public hearing for a minor land development
project or minor subdivision.
(2)
Notice requirements. Public notice of the hearing shall be given
at least 14 days prior to the date of the hearing in a newspaper of
general circulation within the Town. Notice shall be sent to the applicant
and to each property owner within 200 feet of the proposed development,
by certified mail, return receipt requested, 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. Said 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 tenths of a
mile.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3)
Notice area.
(a)
The distance(s) for notice of the public hearing shall be 200
feet from the property proposed for development.
(b)
Watersheds. Additional notice within watersheds shall also be
sent as required in RIGL 45-23-53(b) and (c) where a proposed project
is located within 2,000 feet of an active or identified potential
public water source.
(c)
Adjacent municipalities. Notice of the public hearing shall
be sent by the Administrative Officer to the Administrative Officer
of an adjacent municipality if the notice area extends into the adjacent
municipality, or the development site extends into the adjacent municipality,
or there is a potential for significant negative impact on the adjacent
municipality.
(4)
Notice responsibility. The applicant shall be responsible for all
required notification to adjacent property owners prior to the public
hearing and shall submit for the record a completed affidavit of notice,
as provided by the Administrative Officer.
G.
Final plan.
(1)
Submission requirements:
(a)
The applicant shall submit to the Administrative Officer the
items required by these regulations (see Appendix § 7[3]) as well as all material required by the Planning Board
when the application was given preliminary approval.
[3]
Editor's Note: Appendix is included as an attachment to this chapter.
(b)
Arrangements for completion of the required public improvements,
including construction schedule and/or financial guarantees.
(c)
Certification by the Tax Collector that all property taxes are
current.
(d)
For phased projects, the final plan for phases following the
first phase shall be accompanied by copies of as-built drawings not
previously submitted of all existing public improvements for prior
phases.
(2)
Certification. The application for final plan approval shall be certified complete or incomplete by the Administrative Officer, in writing, within 25 days, according to the provisions of § A261-25B. This time period may be extended to 45 days by written notice from the Administrative Officer to the applicant where the final plans contain changes to or elements not included in the preliminary plan approval. The running of the time period set forth herein shall be deemed stopped upon the issuance of a certificate of incompleteness of the application by the administrative officer and shall recommence upon the resubmission of a corrected application by the applicant. However, in no event shall the Administrative Officer be required to certify a corrected submission as complete or incomplete less than 14 days after its resubmission. If the Administrative Officer certifies the application as complete and does not require submission to the Planning Board as per § A261- 28G(3) below, the final plan shall be considered approved.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3)
Referral to the Planning Board. If the Administrative Officer determines
that an application for final approval does not meet the requirements
set by local regulations or by the Planning Board at preliminary approval,
the Administrative Officer shall refer the final plans to the Planning
Board for review. The Planning Board shall, within 45 days after the
certification of completeness, or within such further time as may
be consented to by the applicant, approve or deny the final plan as
submitted.
(4)
Failure to act. Failure of the Planning Board to act within the period
prescribed shall constitute approval of the final plan and a certificate
of the Administrative Officer as to the failure of the Planning Board
to act within the required time and the resulting approval shall be
issued on request of the applicant.
(5)
Expiration of approval. The final approval of a major subdivision or land development project shall expire one year from the date of approval unless, within that period, the plat or plan shall have been submitted for signature and recording as specified in § A261-41. The Planning Board may, for good cause shown, extend the period for recording for an additional period.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(6)
Acceptance of public improvements. Signature and recording as specified in § A261-42 shall constitute the acceptance by the Town of any street or other public improvement or other land intended for dedication. Final plan approval shall not impose any duty upon the municipality to maintain or improve those dedicated areas until the governing body of the Town accepts the completed public improvements as constructed in compliance with the final plans.
