A.
Major plan review shall be required of all applications for land
development and subdivision approval subject to these regulations,
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, master plan, preliminary plan and final plan, following the preapplication meeting(s) specified in § 200-13. Also required is a public hearing at the master plan stage of review or, if combined, at the first stage of review.
C.
The Administrative Officer may combine review stages, but only the Planning Board may waive requirements as specified in § 200-38. Review stages may be combined only after the Administrative Officer determines that all necessary requirements have been met by the applicant or the Planning Board has waived any submission requirements not included by the applicant pursuant to § 200-38.
Any applicant requesting approval of a proposed major subdivision
or land development project, as defined in these regulations, shall
first submit to the Administrative Officer a completed application
form and those items as required for a master plan in Attachment 2[1] or Attachment 3[2], respectively, of these regulations and pay the required
fee.
[1]
Editor's Note: Attachment 2 is included at the end of this chapter.
[2]
Editor's Note: Attachment 3 is included at the end of this chapter.
A.
Applications requesting relief from the Zoning Ordinance.
(1)
Applications under this article which require relief which qualifies only as a modification shall proceed by filing a master plan application under this article and a request for a modification to the Zoning Enforcement Officer. If such modification is granted, the application shall then proceed to be reviewed by the Planning Board pursuant to the applicable requirements of this section. If the modification is denied or an objection is received, such application shall proceed under unified development review as detailed in Subsection A(2) below.
(2)
Applications under this article which require relief from the literal
provisions of the Zoning Ordinance in the form of a variance or special
use permit, shall be reviewed by the Planning Board under unified
development review, and a request for review shall accompany the master
plan application.
B.
The application shall be certified complete or incomplete by the Administrative Officer within 25 days from the date of its submission, so long as a completed checklist of requirements (see § 200-27) are provided with the submission. 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 will the Administrative Officer be required to certify a corrected submission as complete or incomplete less than 10 days after its resubmission.
C.
Initial comments shall be solicited from local officials and agencies,
including but not limited to the Planning Board staff, the Department
of Public Works, the Fire Department and Police Department, the Conservation
Commission and the Recreation Commission; adjacent communities; state
agencies, as appropriate, including the Departments of Environmental
Management and Transportation, and the Coastal Resources Management
Council; and federal agencies, as appropriate. The Administrative
Officer shall coordinate review and comments by local officials, adjacent
communities, and state and federal agencies.
D.
The Technical Review Committee shall review the application and shall
comment and make recommendations to the Planning Board.
E.
A public hearing shall be held prior to the Planning Board decision
on the master plan. If the master plan and preliminary plan approvals
are being combined, a public hearing shall be held during the combined
stage of review.
(2)
At the public hearing, 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.
A.
The Planning Board shall review the application, consider any requested waivers and/or modifications in accordance with § 200-38 and approve of the master plan as submitted, approve with changes and/or conditions, or deny the application within 90 days of certification of completeness, or within a further amount of time that may be consented to by the applicant through the submission of a written waiver.
B.
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.
C.
The written decision of the Planning Board shall be recorded in the
land evidence records within 35 days after the Planning Board vote.
A copy of the recorded decision shall be mailed within one business
day of recording to the applicant and to any objector who has filed
a written request for notice with the Administrative Officer.
Following the decision of the Planning Board on the master plan,
the applicant requesting approval of a proposed major subdivision
or land development project shall submit to the Administrative Officer
those items as required for a preliminary plan in Attachment 2 or
Attachment 3, respectively, of these regulations and pay the required
fee.
A.
If the applicant is requesting alteration of any variances and/or special use permits granted by the Planning Board at the master plan stage of review pursuant to adopted unified development review provisions, and/or any new variances and/or special use permits, such requests and all supporting documentation shall be included as part of the preliminary plan application materials, pursuant to Article XX.
B.
The application shall be certified as complete or incomplete by the Administrative Officer within 25 days so long as a completed checklist of requirements (see § 200-30) are provided with the submission. 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.
C.
Final comments shall be received from local officials and agencies,
under the direction of the Administrative Officer.
D.
The Technical Review Committee, if established, shall review the
application prior to the first Planning Board meeting and shall comment
and make recommendations to the Planning Board.
E.
Prior to the first Planning Board meeting on the preliminary plan,
notice shall be sent to abutters only at least 14 days before the
hearing.
F.
Proposed arrangements for the completion of the required public improvements,
including construction schedule and/or financial guaranties, shall
be reviewed and approved by the Planning Board as part of the preliminary
plan approval.
A.
Prior to approval of the preliminary plan, the applicant must submit
all permits required by state or federal agencies, including permits
related to freshwater wetlands, the coastal zone, floodplains, preliminary
suitability for individual septic disposal systems, public water systems,
and connections to state roads. For a state permit from the Rhode
Island Department of Transportation, a letter evidencing the issuance
of such a permit upon the submission of a bond and insurance is sufficient,
but such actual permit shall be required prior to the issuance of
a building permit.
B.
The Planning Board shall review the application, consider any requested waivers and/or modifications in accordance with § 200-38, approve proposed agreements with the developer for the completion of all required improvements specified in Article X and approve of the preliminary plan as submitted, approve with changes and/or conditions, or deny the application within 90 days of certification of completeness, or within such further amount of time as may be consented to by the applicant through the submission of a written waiver. Provided that, the timeframe for design is automatically extended if evidence of state permits has not been provided, or otherwise waived.
C.
The Planning Board will notify the applicant, in writing, of the
approval, approval subject to modifications or conditions and a list
of said modifications or conditions, or disapproval and a statement
outlining the reasons for said disapproval.
D.
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.
E.
The written decision of the Planning Board shall be recorded in the
land evidence records within 35 days after the Planning Board vote.
A copy of the recorded decision shall be mailed within one business
day of recording to the applicant and to any objector who has filed
a written request for notice with the Administrative Officer.
Following the decision of the Planning Board on the preliminary
plan, the applicant requesting approval of a proposed major subdivision
or land development project shall submit to the Administrative Officer
those items as required for a final plan in Attachment 2[1] or Attachment 3[2], respectively, of these regulations and pay the required
fee.
[1]
Editor's Note: Attachment 2 is included at the end of this chapter.
[2]
Editor's Note: Attachment 3 is included at the end of this chapter.
A.
The application for final plan approval shall be certified complete or incomplete by the Administrative Officer in writing, within 15 days, so long as a completed checklist of requirements (see § 200-33) are provided with the submission. This time period may be extended to 25 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 10 days after its resubmission. If the Administrative Officer certifies the application as complete and does not require submission to the Planning Board, the final plan shall be considered approved.
B.
The Administrative Officer, or if referred to it, the Planning Board shall review the application, consider any requested waivers and/or modifications in accordance with § 200-38 and grant or deny final plan approval. A decision shall be issued within 45 days after the certification of completeness, or within a further amount of time that may be consented to by the applicant.
C.
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.
D.
The written decisions of the permitting authority shall be recorded
in the land evidence records within 35 days after the date of decision.
A copy of the recorded decision shall be mailed within one business
day of recording to the applicant and to any objector who has filed
a written request for notice with the Administrative Officer.
A.
Master plan. 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
includes the zoning requirements, conceptual layout and all conditions
shown on the approved master plan drawings and supporting materials.
The initial four-year vesting for the approved master plan constitutes
the vested rights for the development as required in R.I.G.L. § 45-24-44.
B.
Preliminary plan. The approved preliminary plan is 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 materials.
C.
Final plan. The final approval of a major subdivision or land development
project expires one year from the date of approval 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 final plat/approved land development project
plan has been submitted for signature and recording as specified in
R.I.G.L. § 45-23-64. Thereafter, the Planning Board may,
for good cause shown, extend the period for recording for an additional
period.
D.
Public improvements. Signature and recording as specified in § 200-40 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 Town to maintain or improve those dedicated areas until the Town Council accepts the completed public improvements as constructed in compliance with the final plans.
