[Amended 12-20-2023]
A.
Generally. Major plan review shall consist of three stages of review:
master plan; preliminary plan; and final plan, following the pre-application
meeting(s) required under Section 6.3. The Administrative Officer
may combine review stages if the applicant has met all necessary requirements
for the combined stages.
B.
Technical Review of Application. Initial comments shall be solicited
by the applicant, with assistance from the Town Planner, from the
Department of Public Works, the Building/Zoning Official, the Fire
District servicing the property, the Police Department, and as appropriate
adjacent communities, federal and state agencies, including but not
limited to, DEM, CRMC and DOT. The Town Planner shall coordinate all
responses and schedule a review of the application at a meeting of
the Technical Review Committee. At a minimum this review and advisory
by the TRC shall take place prior to the closing of the public hearing
for the master plan stage, and then as needed for the preliminary
and/or final plan stage.
C.
Major Subdivision Master Plan Submission. The master plan review
stage is to allow the applicant to present an overall plan for a proposed
project. A master plan describes the general, basic parameters rather
than detailed development intentions and shall be drawn to a scale
of not less than one inch to one hundred feet showing all of the items
listed in Section 14.6, Major Subdivision/Land Development Project
Master Plan Checklist.
D.
Major Subdivision Preliminary Plan Submission. For all major plans,
after the master plan has been approved, a preliminary plan shall
be filed within two years or such extended time as approved by the
Commission. The preliminary plat shall be labeled "Preliminary Plat
for a Major Subdivision", drawn to a scale of not less than one inch
to one hundred feet showing all of the items listed in Section 14.7,
Major Subdivision/Land Development Project Preliminary Plan Checklist.
E.
Major Subdivision Final Plan Submission. An applicant for a final
approval of a major plan shall submit a plan labeled "Final Plan for
a Major Subdivision", showing the as-built condition of the subdivision,
and updating all of the information on the major plan preliminary
plat checklist. The final plan map shall be prepared and stamped by
a Rhode Island Registered Professional Engineer and/or Land Surveyor
at a scale of 1 inch = 100 feet. Individual sheets to be recorded
shall not exceed 24 inches x 36 inches, and show the items listed
in Section 14.8, Major Subdivision/Land Development Project Final
Plan Checklist in addition the above items.
[Amended 12-20-2023]
A Major Subdivision review procedure flowchart is provided in
Appendix A.[1]
A.
Master Plan.
1.
Certificate of Completeness. Within twenty-five (25) days of the
submission of a master plan, the Administrative Officer shall issue
or deny a certificate of completeness. The certificate shall be issued
only if all of the requirements of the master plan checklist are complete.
The Administrative Officer shall notify the applicant of the issuance
or denial by regular mail. A corrective submission shall be determined
to be complete or incomplete within ten (10) days of receipt.
2.
Master Plan Public Hearing. A public hearing is required prior to
the Planning Commission's approval of a master plan as outlined in
Section 10.6.A.2.
3.
Site
Visit. Before the master plan is approved, the Planning Commission
may schedule a field trip to the site.
4.
Planning Commission Action. The Planning Commission shall, within
ninety (90) days after certificate of completeness, or within such
further time as agreed to by the applicant, approve the master plan,
approve with conditions, or deny the master plan. Failure of the Commission
to act within the period prescribed shall constitute approval of the
master plan. A certificate as to the failure of the Commission to
act within the required time and resulting approval shall be issued
by the Administrative Officer upon written request by the applicant.
5.
Vesting of Master Plan. The approved master plan is vested for a
period of two (2) years, with the right to extend for two (2) 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.
B.
Preliminary Plan.
1.
Review Comments. Final written comments, approvals and/or permits
required by state or federal agencies, including, but not limited
to, permits related to freshwater wetlands, the coastal zone, floodplains,
suitability of land for individual septic disposal systems, public
water systems, public sewer systems, and connections to local, state
and federal roads shall be submitted with the major plan preliminary
application.
2.
Certificate of Completeness. Within twenty-five (25) days of the
submission of a major plan preliminary application, the Administrative
Officer shall issue or deny a certificate of completeness. The certificate
shall be issued only if all of the requirements of the preliminary
plan major checklist are complete. The Administrative Officer shall
notify the applicant of the issuance or denial in writing by regular
mail. A corrective submission shall be determined to be complete or
incomplete within ten (10) days of receipt.
3.
Preliminary Plan Public Meeting. A public meeting is required prior
to the Planning Commission's decision on the preliminary plan, which
adheres to the requirements for notice described in Section 10.6,
Public Meetings.
4.
Planning Commission Action. The Planning Commission shall, within
ninety (90) days after the certificate of completeness, or within
such further time as agreed to by the applicant, approve, approve
with conditions, or deny the preliminary plan. Failure of the Commission
to act within the period prescribed shall constitute approval of the
preliminary plan. A certificate as to the failure of the Commission
to act within the required time and resulting approval shall be issued
by the Administrative Officer upon written request by the applicant.
The Commission may refer the preliminary application to any other
appropriate review agency, for specialized review of the proposal.
All fees related to such review services shall be paid by the applicant
prior to the Commission scheduling the public meeting.
5.
Vesting of Preliminary Plan. The approved preliminary major plan
shall be vested for a period of two (2) years. The vesting may be
extended by the Commission for a longer period of time, for good cause,
if requested in writing by the applicant with documentation explaining
the delay of the project.
C.
Final Plan. Within two (2) years after approval of the preliminary
plat, the subdivider shall complete construction of the subdivision
and submit five (5) copies of the final plat at a scale of 1 inch
- 100 feet. Individual sheets of the final plat shall not exceed 24"
x 36". The final plat shall show surveyed measurements of lot lines,
roads and road profiles as built, installed utilities and other improvements.
The final plat shall comply in all respects with the preliminary plat,
as approved.
1.
Covenants and Deed Restrictions.
a.
For any lot in a final plat which is intended to be deeded with
any type of restrictions thereon, such intended restrictions shall
also be noted on the final plan.
2.
Completion of Improvements.
a.
All required improvements shall be installed and constructed
prior to final endorsement and recording of conditionally approved
plats.
b.
All construction improvements as required in these Regulations
and as specified in the preliminary approval by the Planning Commission
shall be installed and completed to the satisfaction of the Administrative
Officer and the Director of Public Works before the plat is endorsed
for final approval by the Administrative Officer.
c.
A final plat must be endorsed and recorded in the Land Evidence
Records of the Town before any lot or parcel of land indicated on
the plat can be sold or conveyed.
3.
Recording the Final Plat.
a.
Upon receipt in writing from the Director of Public Works that
all required improvements as approved by the Planning Commission have
been installed and constructed, according to an approved phasing schedule
(where applicable), the Administrative Officer shall review the final
plat.
b.
The original Mylar shall be placed on file by the applicant
in the office of the Town Clerk. All recording fees are to be paid
by the applicant. Paper copies shall be forwarded by the Planning
Department to the Director of Public Works, Building Official and
Tax Assessor, and one copy shall be retained by the Planning Department.
No plat shall be recorded until all public roads have been accepted
by the Town Council. When the roads are accepted and the final plan
is filed for record, the Town Clerk shall notify the subdivider by
certified mail that he/she is at liberty to sell lots in the approved
plat.
4.
Maintenance Bond.
a.
Prior to acceptance of the improvements for maintenance by the
Town, the subdivider shall be required to file a maintenance bond
of ten (10) percent of the total cost of the public improvements,
and in a cash form satisfactory to the Town Treasurer guaranteeing
the proper functioning of all improvements for period of one year
period[2] subsequent to completion, inspection and acceptance of
the improvement(s) unless there are extenuating circumstances. The
applicant shall provide cost estimates for the maintenance of all
public improvements and the Public Works Director shall review and
approve the amount of the required maintenance bond.
[2]
Editor's Note: So in original.
5.
Formal Dedication.
a.
Final plat shall be an irrevocable offer to convey title, in
fee simple to the Town, of all land designated on the plat as public
streets rights of way, public open space or other public use land.
This offer shall bind the subdivider, successors or assigns, and shall
require that deeds of conveyance be executed upon approval by the
Town of any and all improvements required in these Regulations. Acceptance
of formal offers of dedication shall be by authority of the Town Council.
The approval by the Administrative Officer of a subdivision plat shall
not be deemed to constitute or imply the acceptance by the local government
of any street, easement, or park shown on said plat.
6.
Review Procedure.
a.
Certificate of Completeness. Within two (2) years of the Planning
Commission's preliminary approval or other such time approved by the
Commission of the major plan, the applicant shall submit an application
for a final plan. The application for final plan approval shall be
certified complete or incomplete by the administrative officer in
writing, within fifteen days. This time period may be extended to
twenty-five (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 ten (10) days after its resubmission. The
Administrative Officer shall notify the applicant of the issuance
or denial by regular mail.
b.
Administrative Action. The Administrative Officer shall within
forty-five (45) days after the certificate of completeness, or such
further time as may be agreed by the applicant, endorse the application
for recording or refer the application to the Planning Commission,
for not meeting the requirements of these Regulations.
c.
Planning Commission Action. The Planning Commission shall within
forty-five (45) days after the issuance of the certificate of completeness,
or within such further time as agreed to by the applicant, approve
or deny the final plan as submitted. Failure of the Commission to
act within the period prescribed shall constitute approval of the
final plan. The Administrative Officer shall certify as to the failure
of the Commission to act within the required time and the resulting
approval upon the written request of the applicant.
d.
Vesting of Final Plans. The approved final plan for a major
plan shall expire two years from the date of approval unless, within,
that period, the Mylar plan with the Administrative Officer's signature
is recorded as specified in Section 3.5, Recording, of these Regulations.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
