2017 -- H 5475 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO TOWNS AND CITIES -- SUBDIVISION OF LAND

     

     Introduced By: Representatives Shekarchi, Shanley, Bennett, Hull, and Lima

     Date Introduced: February 15, 2017

     Referred To: House Municipal Government

     (by request)

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 45-23-40, 45-23-41, 45-23-63 and 45-23-67 of the General Laws

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in Chapter 45-23 entitled "Subdivision of Land" are hereby amended to read as follows:

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     45-23-40. General provisions -- Major land development and major subdivision --

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Master plan.

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     (a) Submission requirements.

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     (1) The applicant shall first submit to the administrative officer the items required by the

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local regulations for master plans.

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     (2) Requirements for the master plan and supporting material for this phase of review

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include, but are not limited to: information on the natural and built features of the surrounding

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neighborhood, existing natural and man-made conditions of the development site, including

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topographic features, the freshwater wetland and coastal zone boundaries, the floodplains, as well

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as the proposed design concept, proposed public improvements and dedications, tentative

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construction phasing; and potential neighborhood impacts.

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     (3) Initial comments will be solicited from:

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     (i) Local agencies including, but not limited to, the planning department, the department

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of public works, fire and police departments, the conservation and recreation commissions;

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     (ii) Adjacent communities;

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     (iii) State agencies, as appropriate, including the departments of environmental

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management and transportation, and the coastal resources management council; and

 

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     (iv) Federal agencies, as appropriate. The administrative officer shall coordinate review

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and comments by local officials, adjacent communities, and state and federal agencies.

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     (4) Requests for relief from the literal requirements of the zoning ordinance and/or for the

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issuance of special-use permits related to major subdivisions and/or major land-development

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projects that are submitted under a zoning ordinance's unified development review provisions

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shall be included as part of the master plan application, pursuant to § 45-23-50.1(b).

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     (b) Certification. The application must be certified, in writing, complete or incomplete by

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the administrative officer within sixty (60) twenty-five (25) days, according to the provisions of §

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45-23-36(b). The running of the time period set forth herein will be deemed stopped upon the

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issuance of a certificate of incompleteness of the application by the administrative officer and will

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recommence upon the resubmission of a corrected application by the applicant. However, in no

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event will the administrative officer be required to certify a corrected submission as complete or

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incomplete less than fourteen (14) ten (10) days after its resubmission.

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     (c) Technical review committee. The technical review committee, if established, shall

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review the application and shall comment and make recommendations to the planning board.

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     (d) Informational meeting.

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     (1) A public informational meeting will be held prior to the planning board decision on

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the master plan, unless the master plan and preliminary plan approvals are being combined, in

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which case the public informational meeting is optional, based upon planning board

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determination, or unified development review has been requested, in which case a public hearing

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shall be held pursuant to § 45-23-50.1(b).

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     (2) Public notice for the informational meeting is required and must be given at least

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seven (7) days prior to the date of the meeting in a newspaper of general circulation within the

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municipality. Postcard notice must be mailed to the applicant and to all property owners within

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the notice area, as specified by local regulations.

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     (3) At the public informational meeting, the applicant will present the proposed

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development project. The planning board must allow oral and written comments from the general

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public. All public comments are to be made part of the public record of the project application.

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     (e) Decision. The planning board shall, within one hundred and twenty (120) ninety (90)

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days of certification of completeness, or within a further amount of time that may be consented to

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by the applicant through the submission of a written waiver, approve of the master plan as

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submitted, approve with changes and/or conditions, or deny the application, according to the

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requirements of §§ 45-23-60 and 45-23-63.

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     (f) Failure to act. Failure of the planning board to act within the prescribed period

 

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constitutes approval of the master plan, and a certificate of the administrative officer as to the

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failure of the planning board to act within the required time and the resulting approval will be

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issued on request of the applicant.

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     (g) Vesting.

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     (1) The approved master plan is vested for a period of two (2) years, with the right to

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extend for two (2), one-year extensions upon written request by the applicant, who must appear

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before the planning board for the annual review. Thereafter, vesting may be extended for a longer

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period, for good cause shown, if requested by the applicant, in writing, and approved by the

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planning board. Master plan vesting includes the zoning requirements, conceptual layout, and all

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conditions shown on the approved master plan drawings and supporting materials.

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     (2) The initial four-year (4) vesting for the approved master plan constitutes the vested

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rights for the development as required in § 45-24-44.

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     45-23-41. General provisions -- Major land development and major subdivision --

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Preliminary plan.

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     (a) Submission requirements.

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     (1) The applicant shall first submit to the administrative officer the items required by the

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local regulations for preliminary plans.

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     (2) Requirements for the preliminary plan and supporting materials for this phase of the

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review include, but are not limited to: engineering plans depicting the existing site conditions,

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engineering plans depicting the proposed development project, a perimeter survey, all permits

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required by state or federal agencies prior to commencement of construction, including permits

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related to freshwater wetlands, the coastal zone, floodplains, preliminary suitability for individual

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septic disposal systems, public water systems, and connections to state roads.

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     (3) At the preliminary plan review phase, the administrative officer shall solicit final,

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written comments and/or approvals of the department of public works, the city or town engineer,

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the city or town solicitor, other local government departments, commissions, or authorities as

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appropriate.

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     (4) Prior to approval of the preliminary plan, copies of all legal documents describing the

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property, proposed easements, and rights-of-way.

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     (5) If the applicant is requesting alteration of any variances and/or special-use permits

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granted by the planning board or commission at the master plan stage of review pursuant to

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adopted unified development review provisions, and/or any new variances and/or special-use

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permits, such requests and all supporting documentation shall be included as part of the

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preliminary plan application materials, pursuant to § 45-23-50.1(b).

 

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     (b) Certification. The application will be certified as complete or incomplete by the

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administrative officer within sixty (60) twenty-five (25) days, according to the provisions of § 45-

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23-36(b). The running of the time period set forth herein will be deemed stopped upon the

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issuance of a certificate of incompleteness of the application by the administrative officer and will

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recommence upon the resubmission of a corrected application by the applicant. However, in no

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event shall the administrative officer be required to certify a corrected submission as complete or

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incomplete less than fourteen (14) ten (10) days after its resubmission.

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     (c) Technical review committee. The technical review committee, if established, shall

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review the application and shall comment and make recommendations to the planning board.

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     (d) Public hearing. Prior to a planning board decision on the preliminary plan, a public

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hearing, which adheres to the requirements for notice described in § 45-23-42, must be held.

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     (e) Public improvement guarantees. Proposed arrangements for completion of the

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required public improvements, including construction schedule and/or financial guarantees, shall

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be reviewed and approved by the planning board at preliminary plan approval.

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     (f) Decision. A complete application for a major subdivision or development plan shall be

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approved, approved with conditions, or denied, in accordance with the requirements of §§ 45-23-

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60 and 45-23-63, within one hundred twenty (120) ninety (90) days of the date when it is certified

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complete, or within a further amount of time that may be consented to by the developer through

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the submission of a written waiver.

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     (g) Failure to act. Failure of the planning board to act within the prescribed period

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constitutes approval of the preliminary plan and a certificate of the administrative officer as to the

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failure of the planning board to act within the required time and the resulting approval shall be

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issued on request of the applicant.

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     (h) Vesting. The approved preliminary plan is vested for a period of two (2) years with

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the right to extend for two (2), one-year extensions upon written request by the applicant, who

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must appear before the planning board for each annual review and provide proof of valid state or

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federal permits as applicable. Thereafter, vesting may be extended for a longer period, for good

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cause shown, if requested, in writing by the applicant, and approved by the planning board. The

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vesting for the preliminary plan approval includes all general and specific conditions shown on

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the approved preliminary plan drawings and supporting material.

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     45-23-63. Procedure -- Meetings -- Votes -- Decisions and records.

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     (a) All records of the planning board proceedings and decisions shall be written and kept

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permanently available for public review. Completed applications for proposed land development

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and subdivisions projects under review by the planning board shall be available for public review.

 

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     (b) Participation in a planning board meeting or other proceedings by any party is not a

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cause for civil action or liability except for acts not in good faith, intentional misconduct,

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knowing violation of law, transactions where there is an improper personal benefit, or malicious,

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wanton, or willful misconduct.

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     (c) All final written comments to the planning board from the administrative officer,

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municipal departments, the technical review committee, state and federal agencies, and local

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commissions are part of the permanent record of the development application.

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     (d) Votes. All votes of the planning board shall be made part of the permanent record and

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show the members present and their votes. A decision by the planning board to approve any land

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development or subdivision application requires a vote for approval by a majority of the current

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planning board membership. A decision by the planning board to approve a variance or special-

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use permit pursuant to any adopted unified development review regulations requires a vote for

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approval by a majority of the planning board members that were present at the public hearing at

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which the request was heard.

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     (e) All written decisions of the planning board shall be recorded in the land evidence

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records within thirty-five (35) twenty (20) days after the planning board vote. A copy of the

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recorded decision shall be mailed within one business day of recording, by any method that

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provides confirmation of receipt, to the applicant and to any objector who has filed a written

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request for notice with the administrative officer.

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     45-23-67. Appeals -- Process of appeal.

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     (a) An appeal to the board of appeal from a decision or action of the planning board or

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administrative officer may be taken by an aggrieved party to the extent provided in § 45-23-66.

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The appeal must be taken within twenty (20) days after the decision has been filed recorded in the

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city's or town's land evidence records and posted in the office of the city or town clerk.

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     (b) The appeal shall be in writing and state clearly and unambiguously the issue or

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decision which is being appealed, the reason for the appeal, and the relief sought. The appeal

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shall either be sent by certified mail, with a return receipt requested, or be hand-delivered to the

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board of appeal. The city or town clerk shall accept delivery of an appeal on behalf of the board

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of appeal, if the local regulations governing land development and subdivision review so provide.

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     (c) Upon receipt of an appeal, the board of appeal shall require the planning board or

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administrative officer to immediately transmit to the board of appeal, all papers, documents and

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plans, or a certified copy thereof, constituting the record of the action which is being appealed.

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     SECTION 2. Section 45-24-61 of the General Laws in Chapter 45-24 entitled "Zoning

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Ordinances" is hereby amended to read as follows:

 

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     45-24-61. Administration -- Decisions and records of zoning board of review.

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     (a) Following a public hearing, the zoning board of review shall render a decision within

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fifteen (15) days. The zoning board of review shall include in its decision all findings of fact and

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conditions, showing the vote of each participating member, and the absence of a member or his or

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her failure to vote. Decisions shall be recorded and filed in the office of the city or town clerk

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within thirty (30) working days from the date when the decision was rendered, and is a public

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record. The zoning board of review shall keep written minutes of its proceedings, showing the

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vote of each member upon each question, or, if absent or failing to vote, indicating that fact, and

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shall keep records of its examinations, findings of fact, and other official actions, all of which

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shall be recorded and filed in the office of the zoning board of review in an expeditious manner

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upon completion of the proceeding. For any proceeding in which the right of appeal lies to the

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superior or supreme court, the zoning board of review shall have the minutes taken either by a

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competent stenographer or recorded by a sound-recording device.

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     (b) Any decision by the zoning board of review, including any special conditions attached

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to the decision, shall be mailed within one business day of recording, by any method that provides

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confirmation of receipt to the applicant, to any objector who has filed a written request for notice

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with the zoning enforcement officer, and to the zoning enforcement officer of the city or town.

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Any decision evidencing the granting of a variance, modification, or special use shall also be

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recorded in the land evidence records of the city or town and mailed within one business day of

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recording, by any method that provides confirmation of receipt, to the applicant, to any objector

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who has filed a written request for notice with the zoning enforcement officer, and to the zoning

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officer. A copy of the recorded decision shall be mailed within one business day of recording, by

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any method that provides confirmation of receipt, to the applicant, and to any objector who has

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filed a written request for notice with the zoning enforcement officer, as well as a copy to the

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zoning enforcement officer.

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     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO TOWNS AND CITIES -- SUBDIVISION OF LAND

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     This act would shorten the time periods related to certifications, decision-making and

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recordings of decisions for major land development and major subdivision master and

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preliminary plans.

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     This act would take effect upon passage.

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