Town of West Greenwich, RI Article V Procedure for Review and Approval of Plats and Plans

§ 450-17 General requirements

A. The Planning Board shall consider each application for subdivision or development according to the procedure set forth in this article, unless otherwise specifically provided.

B. An applicant for subdivision or development who wishes the Planning Board to take some official action on his or her application shall submit to the administrative officer all of the materials required by the checklists included as attachments to this chapter. If the requested action is not applicable under any of the checklists, such as a request for an extension of an approval, the applicant shall submit a written request to the administrative officer describing the requested action to be taken by the Planning Board. The matter will be placed on the next available agenda of the Planning Board only if the administrative officer determines that all of the required material has been submitted and only after a certificate of completeness has been issued in accordance with the applicable provisions of these regulations.

C. Any submission of materials to the administrative officer shall be accompanied by a cover letter or letter of transmittal indicating the date, the materials being submitted and the requested action. No materials shall be accepted by the administrative officer without said cover letter. Upon receipt of any materials, the administrative officer shall stamp the date of receipt upon them.

D. If an application is made by someone other than the owner of the land being developed, the applicant shall submit a written statement from the owner authorizing such application.

§ 450-18 Certification of complete application.

A. An application shall be complete for purposes of commencing the applicable time period for action when so certified by the administrative officer. Certification of a complete application shall be made in writing by the administrative officer upon a form entitled "Certificate of Completeness." A copy of said certificate shall be provided to the applicant. In the event such certification of the application is not made within the time specified in these regulations for the type of plan being proposed, 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 the checklists included as attachments to this chapter, and the administrative officer has notified the applicant, in writing, of the deficiencies in the application.

B. Notwithstanding Subsection A, the Planning Board may subsequently require the applicant to correct any information found to be in error and/or to submit additional information specified in the regulations but not required by the administrative officer prior to certification, as is necessary to make an informed decision.

C. Where 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.[1]

[1] Editor's Note: Amended at time of codification.

D. For the purposes of calculating mandatory review periods as provided in these regulations, all days shall be considered to be calendar days.

§ 450-19 Procedure for approval.

The Planning Board shall consider applications for subdivision and/or development according to the following procedures:

A. Pre-application meetings and concept review.

(1) An applicant requesting subdivision or development review shall first contact the administrative officer to arrange a meeting with the Planning Department and other Town staff. At the staff meeting, the applicant and planning staff shall determine if a pre-application meeting with the Planning Board is required by these regulations or is desired by either the applicant or the Town.

(2) If a pre-application meeting is required or requested, the applicant shall submit all the information required by the Checklist for Pre-application Meetings and Concept Review included as an attachment to this chapter. The planning staff will review and comment on the checklist information and, if determined to be complete, will schedule the application to appear before the Planning Board.

(3) If no pre-application meeting is required or requested, the applicant will be advised by the administrative officer as to the requirements of the land development and subdivision regulations and the procedure to be followed by the applicant for review.

(4) One or more pre-application meetings shall be held before the Planning Board for all major land development or subdivision applications, all minor land developments, all minor subdivision with road creation applications, all residential compound applications, and all development plan applications. Pre-application meetings may be held for administrative subdivisions and frontage lot minor subdivision applications, upon request of either the Town, acting through the Planning Department, or the applicant. Pre-application meetings shall allow the applicant to meet with the Planning Board for advice as to the required steps in the approval process. Where appropriate, Town officials, boards and/or commissions, planning staff and state agencies shall be notified of the pre-application meetings and invited to provide comments on the proposed subdivision or land development plan.

(5) At the pre-application stage, the applicant may request an informal concept plan review for a development. The purpose of the concept plan review is also to provide the applicant with Planning Board input in the formative stages of subdivision or development concept design.

(6) Pre-application meetings shall aim to encourage information sharing and discussion of project concepts among the participants. Pre-application meetings should include a review of the physical character of the land, and any environmental or physical constraints to development. Meetings should include a discussion initiated by the Planning Board regarding what form of land development may be appropriate to meet the goals and policies of the Comprehensive Plan with regard to preserving the character of the land, the natural environment and the ability of the Town to provide essential services. Pre-application discussions are intended for the guidance of the applicant and shall not be considered approval of a project or of any of its elements. No formal action need be taken by the Planning Board at the pre-application meeting.

(7) Provided that at least one pre-application meeting has been held for the development or subdivision application or 60 days have elapsed from the filing of the pre-application submission and no pre-application 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 development or subdivision project in accordance with Subsection D of this section.

B. Administrative subdivisions.

(1) Any applicant requesting approval of a proposed administrative subdivision as herein defined shall submit to the administrative officer the items required by the Checklist for Administrative Subdivisions included as an attachment to this chapter.

(2) 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 § 450-18 of this article.[1]

[1] Editor's Note: Amended at time of codification.

(3) 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. If no action is taken by the administrative officer within the fifteen-day mandatory review period, the application shall be placed on the agenda of the next regular Planning Board meeting.[2]

[2] Editor's Note: Amended at time of codification.

(4) If referred to the Planning Board, the Board shall consider the application and the recommendations of the administrative officer and shall either approve, approve with conditions, or deny the application within 65 days of the 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 to act within the required time and the resulting approval shall be issued on request of the applicant.

(5) Denial of an application by the administrative officer shall not be appealable and shall require the plan to be submitted as a minor subdivision application.

(6) Any approval of an administrative subdivision shall be evidenced by a written decision, which shall be filed in the office of the Town Clerk.

(7) Approval of an administrative subdivision shall expire 90 days from the date of approval unless within such period of time a plat in conformity with such approval is submitted for signature and recording as provided in Article VI.

C. Minor land developments, minor subdivisions, and development plans.

(1) Review stages. Plan review shall consist of at least two stages: 1) preliminary; and 2) final. A pre-application meeting is also required for development plans and for minor subdivisions with road creation. A pre-application meeting may also be held for minor subdivisions without road creation, as provided in Subsection A of this section. The Planning Board may vote to combine the approval stages, provided that requirements for all stages so combined have been met by the applicant to the satisfaction of the Planning Board.

(2) Submission requirements. Any applicant requesting approval of a proposed minor subdivision, minor land development, or development plan, as defined in these regulations, shall submit to the administrative officer the plans and supporting materials provided in the Preliminary Plat Checklist for Minor Land Development, Minor Subdivisions, and Development Plans included as an attachment to this chapter.

(3) Certification of preliminary plat. The application shall be certified complete or incomplete by the administrative officer within 25 days, or within 15 days if no street is required, according to the provisions of § 450-18 of this article. 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 fewer than 14 days after its resubmission.

(4) Site visit. Before the preliminary plan is approved, the Planning Board may request a site visit of the property. In order to facilitate the site visit, temporary staking of all proposed roadways, improvements and site features may be required by the Planning Board based on the level of information available at that stage of review.

(5) Reassignment to major review. The Planning Board may reassign a proposed minor land development, minor subdivision, or development plan to major review only when the Planning Board is unable to make the positive findings required in Article III, § 450-7.

(6) 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. If a street creation or extension is required, the Planning Board shall hold a public hearing prior to taking any action according to the requirements set forth in Subsection D(5) of this section. The Planning Board shall approve, deny, or approve with conditions the preliminary plan for a minor subdivision with street creation, a minor land development project, or a development plan within 95 days of the issuance of the certificate of completeness by the administrative officer as provided in Subsection C(3) of this section, above; provided, however, that if an extension of time is agreed to by the applicant and the Board as provided in § 450-18 of this article, this time period shall be stayed.

(7) Failure to act. Failure of the Planning Board to act within the period prescribed in Subsection C(5) or (6) of this section 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) Final plan/as-built review. The Planning Board may delegate final plan review and approval to either the administrative officer or the Technical Review Committee (TRC); otherwise, the Board shall review the final plan itself. When the review and approval of the final plan is delegated to the administrative officer or TRC, the administrative officer or TRC shall report its actions, in writing, to the Planning Board at its next regular meeting, to be made part of the record.[3]

[3] Editor's Note: Amended at time of codification.

(9) 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 Article II, is submitted for signature and recording as specified in Article VI. For minor subdivision or land development projects with street creation or extension, approval shall expire one year from the date of approval unless within such period final as-built plans are submitted to the Board. For development plans, approval shall expire one year from the date of approval unless within such period a building permit is issued. Validity may be extended for a longer period for cause shown, if requested by the applicant in writing and approved by the Planning Board.

D. Major land developments and major subdivisions.

(1) Review stages. Major plan review shall consist of four stages of review: 1) pre-application meeting(s); 2) master plan; 3) preliminary plan; and 4) final plan. Also required is a public informational meeting and a public hearing. The Planning Board may vote to combine review stages and to modify and/or waive requirements as specified in Article VIII. Review stages may be combined only after the Planning Board determines that all necessary requirements for all stages so combined have been met by the applicant.

(2) Submission requirements: pre-application.

(a) Any applicant requesting approval of a proposed major subdivision or major land development, as defined in these regulations, shall first submit to the administrative officer the plans and supporting materials provided in the Pre-Application Checklist for Major Land Developments and Major Subdivisions included as an attachment to this chapter. The procedure and criteria for pre-application meetings and concept review as provided in Subsection A of this section shall apply.

(b) At the conclusion of the pre-application meeting(s), the applicant may proceed to the master plan stage of review.

(3) Master plan.

(a) Submission requirements.

[1] Any applicant requesting approval of a proposed major subdivision or major land development, as defined in these regulations, shall first submit to the administrative officer the plans and supporting materials provided in the Master Plan Checklist for Major Land Developments and Major Subdivisions included as an attachment to this chapter.

[2] The purpose of the master plan stage of review is to provide the applicant with the opportunity to present an overall plan for a proposed project site outlining general, rather than detailed, development intentions. The master plan describes the basic parameters of a major development proposal, rather than giving full engineering details. Initial comments on the master plan shall be solicited from local agencies, adjacent communities, state agencies, and federal agencies, as required in the master plan checklist. The administrative officer shall coordinate review and comments by participating agencies.

(b) Certification of master plan application. The application shall be certified, in writing, complete or incomplete by the administrative officer within 60 days of its receipt according to the provisions of § 450-18 of this article. 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 fewer than 14 days after its resubmission.[4]

[4] Editor's Note: Amended at time of codification.

(c) Site visit. Before the master plan is approved, the Planning Board may request a site visit of the property. In order to facilitate the site visit, temporary staking of all proposed roadways, improvements and site features may be required by the Planning Board based on the level of information available at that stage of review.

(d) 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 on Planning Board determination. In such case, review stages may be combined only after the Planning Board determines that all necessary requirements for all stages so combined have been met by the applicant.

[1] 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 the notice area. The notice area for informational meetings shall be as specified in Subsection D(5) of this section, below.

[2] At the public informational meeting, the applicant, or his or her representative(s), shall present the proposed development project for the benefit of the Planning Board and the public. 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.

(e) Decision. The Planning Board shall, within 120 days of certification of completeness of the master plan application as provided in Subsection D(3)(b) of this section, or within such further time as may be consented to by the applicant as provided in § 450-18 of this article, approve of the master plan as submitted, approve with changes and/or conditions, or deny the application according to the requirements of § 450-42 of Article XI.

(f) Failure to act. Failure of the Planning Board to act within the period prescribed in Subsection D(3)(e) of this section 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.

(g) Expiration of master plan approval. Approval of a major land development or major subdivision master plan shall expire one year from the date of final approval. Vesting may be extended for a period of one additional year for good cause shown, if requested by the applicant in writing, and approved by the Planning Board. The applicant, or his or her representative(s), shall appear before the Planning Board for the annual review. Master plan vesting shall include any applicable provisions of the zoning ordinance that were in place at the time of approval, conceptual layout and all conditions shown on the approved master plan drawings and supporting materials. The initial two-year vesting for the approved master plan shall constitute the vested rights for the development as required in R.I.G.L. § 45-24-44 of the Rhode Island Zoning Enabling Act of 1991.

(4) Preliminary plan.

(a) Submission requirements. Any applicant requesting approval of a proposed major subdivision or major land development, as defined in these regulations, shall first submit to the administrative officer the plans and supporting materials provided in the Preliminary Plat Checklist for Major Land Developments and Major Subdivisions included as an attachment to this chapter.

(b) Certification of preliminary plan application. The application shall be certified complete or incomplete by the administrative officer within 60 days of its receipt according to the provisions of § 450-18 of this article. 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 fewer than 14 days after its resubmission.

(c) Public hearing. Prior to a Planning Board decision on the preliminary plan, a public hearing which adheres to the requirements for notice described in Subsection D(5) of this section must be held.

(d) Public improvement guarantees. Proposed arrangements for completion of the required public improvements, including construction schedules and/or financial guarantees, shall be reviewed and approved by the Planning Board at the time of preliminary plan approval.

(e) Decision. The Planning Board shall, within 120 days of certification of completeness of the preliminary plan application as provided in Subsection D(4)(b) of this section, or within such further time as may be consented to by the applicant as provided in § 450-18 of this article, approve of the preliminary plan as submitted, approve with changes and/or conditions, or deny the application according to the requirements of § 450-42 of Article XI.

(f) Failure to act. Failure of the Planning Board to act within the period prescribed in Subsection D(4)(f) 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) Expiration of preliminary approval. 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.[5]

[5] Editor's Note: Amended at time of codification.

(5) Public hearing and notice requirements. A public hearing on the preliminary plan 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.

(a) Notice requirements.

[1] 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 in the Town. Newspaper advertisements shall be printed in the legal section of the classifieds using a type size at least as large as the normal type size used by the newspaper in its news articles and shall contain the information specified below. Written notice shall also be sent by the applicant, upon forms to be provided to the applicant by the Town, to each owner of property within the notice areas as specified in Subsection D(5)(b) below. The applicant shall receive a copy of the notice from the Planning Department. Notice shall be mailed by certified mail, return receipt requested, not less than 10 days prior to the date of the hearing. As proof of such mailing, a copy of all return receipts shall be provided to the Planning Department by the applicant prior to or at the time of the public hearing.

[2] All mail and newspaper notices required by this subsection shall:

[a] Specify the date, time and place of the public hearing;

[b] Specify the Assessor's plat and lot number of the subject property;

[c] Specify the street address of the subject property, or if no street address is available, the name of the street(s) on which or near which the subject property is located and the distance and direction from the nearest existing street intersection in tenths (1/10) of a mile;

[d] Advise interested parties where and when a copy of the plans of the proposed major subdivision or major land development project may be examined; and

[e] Contain a statement that the proposed major subdivision or major land development project may be revised by the Planning Board as a result of further study or because of the views expressed at the public hearing.

(b) Notice area.

[1] The distance for notice of the public hearing shall be 500 feet from the perimeter of the parcel being subdivided in all zoning districts. The applicant is responsible for determining the correct names and addresses of all property owners required to be notified, and shall, at a minimum, be as accurate as the most current names and addresses listed by the Tax Assessor.

[2] Additional mail notice for notice areas which fall within watersheds shall also be sent as required in R.I.G.L. § 45-23-53(b) and (c).

[3] Notice of the public hearing shall be sent by the administrative officer to the administrative officer of an adjacent municipality if:

[a] The notice area extends into the adjacent municipality; or

[b] The development site extends into the adjacent municipality; or

[c] In the opinion of the Planning Board, there is a potential for significant negative impact on the adjacent municipality.

(c) The cost of all such mail notice and legal advertising shall be borne by the applicant.

(6) Final plan.

(a) Submission requirements. Any applicant requesting final approval of a proposed major subdivision or major land development, as defined in these regulations, shall first submit to the administrative officer the plans and supporting materials required by the Final Plat Checklist for Major Land Developments and Major Subdivisions included as an attachment to this chapter, in addition to any material required by the Planning Board when the application was given preliminary approval.

(b) Certification of final plat. The application for final plan approval shall be certified complete or incomplete by the administrative officer, in writing, within 25 days of its receipt according to the provisions of § 450-18 of this article. 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 fewer 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 Subsection D(6)(c) of this section below, the final plan shall be considered approved.[6]

[6] Editor's Note: Amended at time of codification.

(c) Referral to the Planning Board. If the administrative officer determines that an application for final approval requires a final review by the Planning Board, the administrative officer shall transmit the final plans and a certificate of completeness to the Planning Board for review. The Planning Board shall, within 45 days after the issuance of the certificate of completeness of the application for final plan approval by the administrative officer in Subsection D(6)(b) of this section, or within such further time as may be consented to by the applicant, approve or deny the final plan as submitted.

(d) Failure to act. Failure of the Planning Board to act within the period prescribed in Subsection D(6)(c) of this section 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.

(e) Expiration of approval. The final plan of a major subdivision or land development project shall expire one year from the date of approval by the Planning Board in Subsection D(6)(c) or by the administrative officer in Subsection D(6)(b) or (d), with the right to extend for one year upon written request by the applicant, who must appear before the Planning Board for the annual review, unless, within that period, the plat or plan shall have been submitted for signature and recording as specified in Article VI. Thereafter, the Planning Board may, for good cause shown, extend the period for recording for an additional period, if requested by the applicant in writing.[7]

[7] Editor's Note: Amended at time of codification.

(f) Acceptance of public improvements. Signature and recording as specified in Article VI of these regulations shall not constitute the acceptance of ownership by the municipality of any street or other public improvement or other land intended for dedication. Final plan approval and recording shall not impose any duty upon the municipality to maintain or improve those dedicated areas until the developer has fulfilled his/her obligations to complete said improvements in accordance with the approved construction plans, and until the Town Council accepts the completed public improvements as constructed in compliance with the final construction plans. The Planning Board shall require maintenance guarantees to be provided for a one -year period subsequent to completion, inspection and acceptance of the improvements, as required under Article VII of these regulations.

§ 450-20 Reinstatement of applications.

A. When an applicant has exceeded a deadline established by these regulations for submission of material for a subdivision or development project; or recording an approved final plat or plan, thereby rendering a previously granted approval invalid; or has requested an extension of an approval previously granted by the Planning Board or administrative officer prior to the actual expiration date, the application may be reinstated by the Planning Board under the following conditions:

(1) The subdivision or development is consistent with the Comprehensive Community Plan;

(2) The land development and subdivision regulations are substantially the same as they were at the time of original approval;

(3) The zoning of the parcel is substantially the same as it was at the time of original approval;

(4) Physical conditions on the parcel are substantially the same as they were at the time of original approval;

(5) Any applicable state or federal regulations are substantially the same as they were at the time of original approval; and

(6) Any required fee, or fee in-lieu-of is the same as it was at the time of the original approval. The Board shall, in approving such request, condition its approval on the payment of the current fees in effect at the time of the granting of said extension.

B. Application for reinstatement of a previously approved subdivision or development plan shall be made to the Planning Board in writing by the applicant. 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. (See Article XI, § 450-40, for applicable application fees.)

§ 450-21 Precedence of approvals between Planning Board and other local permitting authorities.

A. Zoning Board.

(1) Where an applicant requires both a variance (as defined in Chapter 400, Zoning, of the Town Code) 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 relief, and then return to the Planning Board for subsequent required approval(s).

(2) Where an applicant requires both a special use permit (as defined in Chapter 400, Zoning, of the Town Code) under 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 a conditional special use permit from the Zoning Board, and then return to the Planning Board for subsequent required approval(s).

B. 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).

§ 450-22 Comprehensive permit procedures.

A. Authority to grant comprehensive permits. In accordance with Title 45, Chapter 53 of the Rhode Island General Laws, the Low and Moderate Income Housing Act (as amended), and Chapter 400, Zoning, of the Town Code, the Planning Board has been designated as "the local review board" and shall have the power to issue a comprehensive permit for a qualifying low- or moderate-income housing project, which relief shall include all approvals or permits from any local board or official which or who would otherwise act with respect to such application, including, but not limited to, the power to attach to the approval or permit any conditions and requirements with respect to setbacks, height, site plan, size, shape, building materials, landscaping, and parking consistent with the terms of the Act.

B. Application procedure.

(1) Form of application. Applications for a comprehensive permit shall be made on the form or forms provided by the administrative officer.

(2) General submission requirements. All applications shall include the following submission requirements:

(a) A letter of eligibility issued by the Rhode Island Housing Mortgage Finance Corporation in accordance with R.I.G.L. § 42-55-5.3(a), or, in the case of projects primarily funded by the United States Department of Housing and Urban Development or other state or federal agency, an award letter indicating the subsidy, or an application in such form as may be prescribed for a municipal government subsidy; and

(b) A written request to the local review board to submit a single application to build or rehabilitate low- or moderate-income housing in lieu of separate applications to the applicable local boards. The written request shall identify the specific sections and provisions of applicable local ordinances and regulations from which the applicant is seeking relief; and

(c) A proposed timetable for the commencement of construction and completion of the project; and

(d) A sample land lease or deed restriction with affordability liens that will restrict use as low- and moderate-income housing in conformance with the guidelines of the agency providing the subsidy for the low- and moderate-income housing, but for a period of not less than 30 years; and

(e) Identification of an approved entity that will monitor the long-term affordability of the low- and moderate-income units; and

(f) A financial pro-forma for the proposed development.

(3) Submission requirements specific to applications based upon their classification. In addition to the items in Subsection B(1) and (2) above, submission requirements shall include the following items based on the classification of the application as determined by the administrative officer:

(a) For applications seeking relief from specific provisions of Chapter 400, Zoning, of the Town Code or other ordinances and regulations and not involving a subdivision, those items ordinarily required by those ordinances or regulations, including, but not limited to, those items on a checklist for either development plan review, with the exception of evidence of state or federal permits. The applicant shall provide proof of application for all required state and federal permits at the time of submission. All required state and federal permits must be obtained prior to recording of the approved plan and/or the issuance of a building permit.

(b) For applications which include an administrative subdivision, those items on the checklist for an administrative subdivision, with the exception of evidence of state or federal permits. The applicant shall provide proof of application for all required state and federal permits at the time of submission. All required state and federal permits must be obtained prior to recording of the approved plan.

(c) For applications which include a minor land development or minor subdivision, those items on the preliminary plan checklist, with the exception of evidence of state or federal permits. Subsequent to preliminary plan approval, the applicant must submit, as part of an application, those items included in the checklist for a final plan, with the exception of evidence of state or federal permits. The applicant shall provide proof of application for all required state and federal permits at the time of each application submission. All required state and federal permits must be obtained prior to the final plan approval.

(d) An application involving a major land development or major subdivision shall include those items on the checklist for a master plan submission. Subsequent to master plan approval, the applicant must submit, as part of an application, those items included in the checklist for a preliminary plan, with the exception of evidence of state or federal permits. The applicant shall provide proof of application for all required state and federal permits at the time of each application submission. All required state and federal permits must be obtained prior to the final plan approval.

(e) Notwithstanding the submission requirements set forth above, the local review board may request additional, reasonable documentation throughout the public hearing, including, but not limited to, opinions of experts, credible evidence of application for necessary federal and/or state permits, statements and advice from other local boards and officials.

(4) Certification of completeness. The application must be certified complete or incomplete by the administrative officer according to the provisions of R.I.G.L. § 45-23-36 based on the classification of the application.

(a) For an application seeking relief from provisions of Chapter 400, Zoning, of the Town Code or other ordinances and regulations and/or classified as an administrative subdivision, the application shall be certified as complete or incomplete by the administrative officer within a fifteen-day period from the date of its submission.

(b) For an application classified as a minor land development or minor subdivision, the preliminary plan application and final application shall be certified complete or incomplete by the administrative officer within 25 days or within 15 days if no street creation or extension is required.

(c) For a major land development or major subdivision, the application for master plan shall be certified complete or incomplete by the administrative officer within 30 days and for a preliminary plan within 45 days. The application for final plan approval shall be certified complete or incomplete by the administrative officer within 25 days. The time period for final plan approval 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.

(d) The running of the time periods 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 will the administrative officer be required to certify a corrected submission as complete or incomplete fewer than 14 days after its resubmission. If the administrative officer certifies the application as incomplete, the officer shall set forth in writing with specificity the missing or incomplete items.

(5) Pre-application conference.

(a) Where the comprehensive permit application includes a major land development project or a major subdivision, an applicant shall schedule with the administrative officer a pre-application conference before either the local review board or the Technical Review Committee. All other applicants are also encouraged to schedule a pre-application conference, but such a conference is not mandatory under state law or these regulations. The purpose of the pre-application conference shall be to review the concept plan of the proposed development and facilitate a complete application for the subsequent master plan and/or preliminary plan submission.

(b) To request a pre-application conference, the applicant shall submit a short written description of the project, including the present and proposed use of the property, the number of units, type of housing, proposed subsidy, and a location map, together with a concept plan. Upon receipt of a request by an applicant for a pre-application conference, the municipality has 30 days to schedule and hold the pre-application conference. If 30 days has elapsed from the filing of the pre-application submission and no preapplication conference has taken place, nothing shall be deemed to preclude an applicant from thereafter filing and proceeding with an application for a comprehensive permit.

(6) Application fees. The fee for an application shall be based on its classification.

(a) For an application seeking relief from provisions of Chapter 400, Zoning, of the Town Code or other ordinances and regulations and/or classified as an administrative subdivision, the application fee shall be the same as for an administrative subdivision.

(b) For an application classified as a minor land development or minor subdivision, the preliminary plan application and final plan application fee shall be the same as for a conventional application.

(c) For a major land development or major subdivision, the master plan, preliminary plan and final plan application fee shall be the same as for a conventional application.

(7) Project review fees. The project review fee shall apply to comprehensive permits, and the fee for project review shall be as stated in Article XI, § 450-41, of these regulations.

C. Review procedures. An application for a comprehensive permit shall be reviewed by the local review board at a public hearing in accordance with the following provisions:

(1) Notification. Upon issuance of a certificate of completeness for a comprehensive permit, the local review board shall immediately notify each local board, as applicable, of the filing of the application, by sending a copy to the local boards and to other parties or agencies entitled to notice of hearings on applications under Chapter 400, Zoning, of the Town Code and/or land development and subdivision regulations as applicable. Notification shall include a request that any comments on the application shall be received prior to the commencement of the public hearing on the application.

(2) Public notice. Public notice for all public hearings will be the same notice required under local regulations for a public hearing for a preliminary plan for a major land development project or major subdivision. The cost of notice shall be paid by the applicant at the time of invoice.

(3) Review of applications. The public hearing on an application for a comprehensive permit shall be recorded by a stenographer.

(a) For an application seeking relief from provisions of Chapter 400, Zoning, of the Town Code or other ordinances and regulations and/or classified as an administrative subdivision, the review shall be conducted following the procedures set forth in Chapter 400, Zoning, for a special use permit or variance, together with any provisions for site plan review when applicable.

(b) For an application classified as a minor land development or minor subdivision, the review shall be conducted following the procedures for review of a preliminary plan as set forth in the subdivision regulations, with the exception that the local review board shall render a decision within 95 days of issuance of the certificate of completeness, or within such further time as is agreed to by the applicant and the local review board. Final plan review shall be conducted according to the procedures set forth in the subdivision regulations.

(c) For a major land development or major subdivision, the review shall be conducted following the procedures for review of a master plan as set forth in the subdivision regulations, with the exception that the local review board shall render a decision within 120 days of issuance of the certification of completeness, or within such further amount of time as may be agreed to by the local review board and the applicant. Preliminary and final plan review shall be conducted according to the procedures set forth in the subdivision regulations.

(d) If the public hearing is not convened or a decision is not rendered within the time allowed, the application is deemed to have been allowed and the relevant approval shall issue immediately.

D. Criteria for approval or denial. In approving an application for a comprehensive permit, the local review board shall make findings supported by legally competent evidence on the record which meets the criteria set forth in Chapter 400, Zoning, Article XVI, §§ 400-154 and 400-155, of the Town Code, as applicable.

E. Voting and appeal. All decisions on comprehensive permits shall be by majority vote of the membership of the local review board and may be appealed by the applicant to the State Housing Appeals Board. Any person aggrieved by the issuance of an approval may appeal to the Superior Court within 20 days of the issuance of approval.[1]

[1] Editor's Note: Amended during codification.

F. Expiration of approval and construction. A comprehensive permit shall expire unless construction is started within 12 months and completed within 60 months of final plan approval unless a longer and/or phased period for development is agreed to by the local review board and the applicant. Low- and moderate-income housing units shall be built and occupied prior to or simultaneous with the construction and occupancy of market-rate units.

§ 450-23 Conservation design development.

Conservation design development applications shall follow the review procedure for a minor or major subdivision or land development project. In addition to the requirements and procedures of this article and the applicable checklists included as attachments to this chapter, a conservation design development application shall also include the required information and follow the design and review processes of this section. The employment of a qualified design professional is required. Note that design and review of a conservation design development is an analytical process that relies on a knowledge and understanding of the site and its resources and the interaction of the built environment in relation to the landscape and its elements. Also, there will be cases where the benefit of private ownership and use of the property exceeds the benefit of common open space resources for the community. Therefore, evaluation and input by experts in particular resource fields (forestry, agriculture, wildlife, etc.), and by the West Greenwich Conservation Commission and Land Trust, is critical to the decision-making process. Each stage of review may require two or more meetings with the Planning Board as the design and purpose of the development are further refined.

A. Application.

(1) Pre-application submission materials. A pre-application meeting and review is required for all major and minor conservation design development proposals, and shall include the following materials and requirements, in addition to the items required for a conventional subdivision:

(a) An existing conditions and site resources map.* See checklist for requirements (Design Process items 1, 5).

(b) A context map of the site and its surrounding area.* See checklist for requirements (Design Process items 2, 5).

(c) A potential conservation areas sketch plan to designate potential conservation areas, differentiating all of the land unsuitable for development as "primary conservation lands," (or, "constraints to development") and a minimum of 50% of the remaining lands as the "secondary conservation" lands (or "resources"), in accordance with the design process noted in Subsection B below. (Design Process items 3, 5)

The Planning Board shall review these maps to assess accuracy, conformance with checklist requirements, and likely impact upon the natural and cultural resources on the property. The Planning Board will also conduct an initial site visit during the pre-application stage of review.

(d) A site visit. The purpose of the site visit is to understand the property's existing conditions and special features, and to identify potential conservation areas, developable areas, site design issues, and areas for further study. The site walk shall be conducted during the pre-application stage of review, after the Planning Board members have received the existing conditions maps and the site context map. A follow-up site visit may be required by the Board during the master plan stage of review to verify the feasibility of the yield plan and to explore the proposed development area and/or open space land in greater detail.

(2) Master plan submission materials.

(a) In addition to the items required for a conventional subdivision, the master plan application shall include the following materials:

[1] Yield plan. The applicant shall submit a realistic conventional subdivision master plan to determine the maximum number of lots or units permitted in the development. This "yield plan" shall meet the conventional subdivision and zoning requirements (and shall not assume that waivers will be granted). The subdivision design shall consider all available information as required from the pre-application and master plan checklists. Proposed house sites shall meet the minimum suitable land requirements and proposed road locations shall be in areas that do not pose any physical or environmental limitations. The Planning Board may require test pits in areas the Board considers to be marginal. Lots shall not be considered if an OWTS would require a variance from RIDEM. If a formal wetlands application is necessary for the proposed yield plan, the Board shall assume it will not be granted by RIDEM, unless the applicant can demonstrate otherwise with written confirmation by RIDEM. (Design Process item 4)

[2] Conceptual layout plans. Due to the flexibility of a conservation design subdivision, a number of layouts may be possible. Therefore, the conservation design development application process requires that two or more layout options be presented to the Planning Board for the various required map submissions. During the process, a favored layout may become evident based on the goals of the design and the particular features of the site. (Design Process 3, 5, 6 and 7) (Composite Map)

[3] All plans as required during pre-application are also required again at master plan, in greater detail, as necessary.

[4] A report or study by qualified professionals, including an inventory of the conservation values of the property and stating the purpose(s) of the conservation lands (draft Baseline Documentation Report).

(b) The Planning Board shall solicit comments from the West Greenwich Land Trust, Town Council, and/or Conservation Commission as part of the master plan review requirements regarding the potential open space.

(3) Preliminary plan submission materials, in accordance with the procedure of this article and the preliminary plan checklist. Details for the use, ownership, and maintenance of the open space conservation land are also due at this stage of review (draft conservation easement document and draft property management document; see checklists for minimum requirements). The program for the open space may require supporting submission materials such as a forest management plan, wildlife habitat management plan, trail design, etc. (Design Process items 8, 9, and 10)

(4) Final plan submission materials.

(a) Final plan submission materials and requirements for a conservation design development include the following documents which shall be reviewed by the Town Solicitor as part of final review:

[1] Final open space property management plan, including the precise boundaries, exact acreage, and proposed ownership of all open space and conservation areas (see checklist for requirements).

[2] Final baseline documentation report (see checklist for requirements).

[3] Final conservation easement document, including a legal description of the parcel subject to the encumbrance (see checklist ** for requirements).

[4] All offers of dedication of realty or structures and all declarations, easements, and covenants governing the preservation and maintenance of undedicated open space.

[5] A copy of such deed restrictions, easements, covenants, and declarations that are to be imposed upon the property to comply with the final plan as approved by the Board.

[6] The legal instruments detailing the ownership and maintenance of the common open space.

[7] Homeowners' association bylaws (if applicable); see Chapter 400, Zoning, Article XX, of the Town Code for requirements.

[8] Any other legal document as required by either Chapter 400, Zoning, or the land development and subdivision regulations.

[9] The developer shall submit with the final plat a statement, in writing, duly executed and acknowledged, and binding upon the developer and the developer's heirs, devisees, executors, administrators, successors and assigns, which statement shall be approved by the Planning Board and be thereafter recorded simultaneously with the recording of the approved final plat in the Town Clerk's office, and which shall contain the following:

[a] That the land lies within the approved conservation design development.

[b] That development of the land is permitted only in accordance with the land use approved by the Planning Board of the Town of West Greenwich.

[c] That no further development or subdivision of the tract or lots therein shall be permitted, with the exception of an administrative subdivision.

(b) The documents shall be recorded simultaneously with the final plat in the Town of West Greenwich Land Evidence Records. In addition, the developer shall give each original purchaser of a lot in the conservation design development a copy of all such documents.

(5) Record plan. The record plan shall contain the following statements:

(a) "These premises are subject to restrictions, conditions, covenants, and easements that are contained in instrument(s) recorded simultaneously with this Final Plat in Book _____ and Page(s) _____ of the Town of West Greenwich Land Evidence Records, and are incorporated herein by reference."

(b) "Further subdivision of any lot as depicted on this plan, approved by the Planning Board as a Conservation Design Development, is prohibited in perpetuity, in accordance with the restrictions of the Zoning Ordinance and the Land Development and Subdivision Regulations."

B. Design process. The design of a conservation development shall be created in accordance with the following 10 steps, as noted in the Rhode Island Conservation Development Manual. The Planning Board may require the applicant to submit separate plans indicating the findings of each step in the design process, if not otherwise required by a checklist.

(1) Analyze the site. Review the existing site conditions and features, taking care to identify sensitive and noteworthy natural, scenic, and cultural resources on the site, including stone walls and significant trees. (Base Map and Existing Conditions and Site Resources Map) (Pre-application submission, refine for master plan)

(2) Evaluate site context. Identify natural and cultural resource systems that surround the site, including the character of the neighborhood. Identify connections to surrounding land uses and activities, including transportation networks (roadway, bicycle, and pedestrian), protected open space and recreational areas, and water resources (streams, wetlands, groundwater aquifer and recharge areas, etc.). (Context Map of Site in its Surrounding Area) (Pre-application submission, refine for master plan)

(3) Designate potential conservation areas.

(a) Proposed conservation lands shall be designated using the results of the above two steps. All of the land unsuitable for development (as defined in Article III, § 450-6) shall be designated as "primary conservation areas." "Secondary conservation areas" shall consist of a minimum of 50% of the suitable land, including the natural, cultural, and visual resources identified as noteworthy during the above two steps. Secondary conservation areas shall be prioritized in terms of their highest to least potential for inclusion within the open space lands, in consultation with the Planning Board, and considering the parcel's configuration, overlapping of multiple resources, and context in relation to adjoining resource areas. The total conservation area requirements are the sum of primary and secondary conservation areas, which may total more than 50% of the land in the development. Conservation areas shall be delineated in a manner clearly indicating their boundaries as well as the types of resources included within them. (Pre-application submission, refine for master plan) (Potential Conservation Areas sketch plan, Report including inventory of the conservation values of the property)

(b) During this step, a conservation theme or themes shall be identified. This theme shall be identified at the time of the initial application. Conservation themes may include, but are not limited to, forest stewardship, water quality preservation, farmland preservation, natural habitat preservation or restoration, viewshed preservation, or archaeological and historic properties preservation. The Planning Board shall have the ability to specify which areas shall be preserved. Advisory comments from the Conservation Commission and Land Trust shall be considered during the selection of the open space areas.

(4) Determine the maximum number of units. The maximum number of units permitted in a conservation development shall be no greater than the number of units permitted on the same parcel as would be developed as a conventional subdivision. A yield plan shall be submitted at the master plan stage, based on a reasonable development scheme given the suitability of the property. The Planning Board may require testing on individual lots, and other requirements, to prove (demonstrate) feasibility of the master plan. (Conventional Subdivision/Yield Plan) (master plan)

(5) Locate development areas and explore conceptual alternatives. Once the Board has approved the number of units, determine the areas most appropriate on which to locate/develop those units by combining the existing conditions and site resources map and the potential conservation areas sketch plan into a composite map. Several scenarios should be generated in order for the Planning Board to evaluate the best alternative. The Board and the applicant should consider optimum soils, water availability, the visual character of the open space, the experience of visiting or living in the community, and the context map of the site in its surrounding area. (Composite Map, Conceptual Layout Plans) (Master Plan)

(6) Locate house sites. Potential house sites shall be tentatively located using the composite map, or the "chosen" conceptual layout plan. House sites should take advantage of locations providing attractive views, privacy, and yard space, while accommodating adequate access, drainage, and suitable locations for a well and septic system. (Additional house siting requirements are noted in the design requirements section.) (Master Plan, refine at preliminary plan).

(7) Lay out streets, trails, and other infrastructure. After designating the house sites, design a street plan to provide vehicular and pedestrian access to each house, complying with the standards in Article XIII, and bearing a logical relationship to topographic conditions. Care should be taken to avoid negative effects to the open space, particularly with respect to crossing environmentally sensitive areas such as wetlands and traversing slopes exceeding 15%. Pedestrian walkways should be used to connect the neighborhood, especially through areas where streets do not connect. Show conceptual drainage locations and strategy for low-impact development drainage design. If applicable, a tentative network of trails shall also be shown, connecting streets with various natural and cultural features in the conservation land, and potential trail connections to adjacent parcels in areas where a connected trail network is envisioned. (Master Plan, refine at Preliminary Plan)

(8) Design and program open space. (Preliminary Plan) Proposed uses and design for the open space areas should be carefully planned to take advantage of existing natural, cultural, and historical features, and the potential for active agriculture and forestry, and active or passive recreation. Conservation areas shall be delineated in a manner clearly indicating their boundaries as well as the types of resources included within them. Potential owners and/or easement holders for the open space, if known, shall be involved in this step.

(9) Draw in the lot lines. After designating the open space conservation areas and the roadway and drainage infrastructure locations, lot lines can be drawn to delineate the boundaries of individual residential lots within the areas designated for development. Each lot shall conform to the dimensional requirements of Chapter 400, Zoning, of the Town Code for a conservation development, and the lot design standards of Article XIII, § 450-57, of these regulations. (Preliminary Plan)

(10) Establish ownership and management of open space and other shared amenities. (Preliminary Plan, refine at Final Plan) Proposed ownership shall be determined for the various aspects of the open space, and initial comments shall be submitted to the Planning Board regarding the desirability of the land to the potential owner(s). An open space use, maintenance, and operations plan detailing the entities responsible for maintaining various elements of the property and describing management objectives and techniques for each part of the property shall be drafted for the preliminary review stage, and finalized for the final plan. Such management plans shall be consistent with the requirements of Article XIII, § 450-58.