[HISTORY: Adopted by the Town Council of the Town of Johnston 12-10-1979
by Ord. No. 440 as Secs. 24-1 to 24-10 of the 1979 Code.
Amendments noted where applicable.]
For the purposes of this chapter the following words and phrases shall
have the meanings respectively ascribed to them by this section:
Any right of way designated, intended or necessary to provide public
access to a lot, tract or parcel of land.
The division of a lot, tract or parcel of land into two or more lots,
sites or other divisions of land, and shall include resubdivision and, when
appropriate to the context, shall relate to the process of subdivision or
the land subdivided.
The Planning Board of the Town is authorized and directed to adopt,
modify, and amend regulations governing the platting and subdivision of land
within the Town.[1]
[1]
Note: For state law as to subdivisions of land, see R.I.G.L. § 45-23-1
et seq.
Any person who shall subdivide any land shall make a plat thereof and
submit the same to the Town Planning Board and no plat of a subdivision of
land shall be accepted for filing or recording by the Town Clerk until it
shall have been approved by the Planning Board and the approval entered in
writing on the plat by the Chairman or Secretary of the Board.
No street, public water supply, sewer or other public improvement shall
be constructed within a subdivision unless a plat of such subdivision has
been approved and recorded as herein provided.
A building permit may be issued only for construction on a lot or parcel
of land which is identified by a recorded plat or deed. Any permit issued
not in conformance with this chapter shall become null and void.
A.
Creation. A Subdivision Board of Review is created consisting
of five members, each to hold office for the term of five years; provided,
however, that the original appointments shall be made for terms of one, two,
three, four and five years, respectively. Members of this Board shall be appointed
by the Town Council, shall be residents of the Town and shall have the same
powers and duties with respect to hearings, witnesses and records, as a Zoning
Board of Review.
B.
Powers.
(1)
The Subdivision Board of Review shall have the following
powers:
(a)
To hear and decide appeals where it is alleged there
is error in any order, requirement, decision or determination made by the
Planning Board in the enforcement of this chapter or of the regulations adopted
pursuant thereto.
(b)
To hear and decide special exceptions to the terms of
the rules and regulations upon which such Board is authorized to pass under
this chapter.
(c)
To authorize, upon appeal in specific cases, such variance
in the application of the terms of the regulations as will not be contrary
to the public interest where, owing to special conditions, a literal enforcement
of the provisions of such regulations will result in unnecessary hardship
and so that the spirit of the regulations shall be observed and substantial
justice done.
(2)
In exercising the powers enumerated in this section,
the Subdivision Board of Review may reverse or affirm wholly or in part or
may modify the decision appealed from and make such order, requirement, decision
or determination as ought to be made and to that end shall have all the powers
of the Planning Board.
(3)
The concurring vote of three members of the Subdivision
Board of Review shall be necessary to reverse any decision or determination
of the Planning Board.
(4)
The Subdivision Board of Review shall fix a reasonable
time for the hearing of the appeal, give public notice thereof as well as
due notice to all parties in interest including the applicant, abutting owners
and any other persons who entered appearances before the Planning Board and
shall decide the same within a reasonable time.
A.
Any person, whether or not previously a party of the
proceedings, aggrieved by a decision of the Subdivision Board of Review, or
by a decision of the Planning Board from which no appeal lies to the Subdivision
Board of Review, or by failure of the Planning Board to take final action
with respect to any plat within the required time, may appeal to the superior
court of the county, by bill in equity filed within 15 days after such decision
is recorded or within 15 days after the expiration of the required time as
aforesaid.
B.
Any person owning land in the Town located within 1,000
feet of the subdivision involved shall have the status of an aggrieved person
if the value or use of his land may be affected by the recording of such subdivision.
The provisions of this chapter shall be enforced by the Town Council
through the Building Inspector or other appropriate officer designated by
the Town Council.
A.
Any person, group or organization which transfers, sells,
or negotiates to sell any land by reference to or exhibition of or by other
use of a plat of such subdivision before such plat has been approved by the
Planning Board and has been recorded shall be subject to a penalty of $100
for each lot so transferred, sold or negotiated for sale and the description
of such lot by metes and bounds in the instrument of transfer or other document
used in the process of transferring or selling shall not except the transaction
from such penalties or from the remedies provided in this chapter.
B.
The Town may enjoin such transfer or sale or agreement
by action for injunction brought in the superior court of the county or may
recover such penalty by an action of the case in any court of competent jurisdiction
or may pursue both of such remedies.
C.
Any sale of land subdivided in violation of the provisions
of this chapter shall be voidable at the option of the purchaser thereof and
shall subject the seller thereof to the forfeiture of any and all consideration
received or pledged therefor together with any damages sustained by such purchaser,
who may maintain an action of the case to recover any amounts due him under
the provisions of this section.
