Chapter
224
2008 -- H 7669 SUBSTITUTE A AS AMENDED
Enacted 07/04/08
A N A C T
RELATING TO TOWNS AND
CITIES -- SUBDIVISION OF LAND
Introduced By: Representatives Carter, Gallison, Fellela, Rose, and Almeida
Date Introduced: February 26, 2008
It is
enacted by the General Assembly as follows:
SECTION
1. Sections 45-23-36, 45-23-37, 45-23-38, 45-23-40, 45-23-41, 45-23-43, 45-
23-56
and 45-23-63 of the General Laws in Chapter 45-23 entitled "Subdivision of
Land" are
hereby
amended to read as follows:
45-23-36.
General provisions -- Application for development and certification of
completeness.
-- (a) Classification. - The
administrative officer shall advise the applicant as to
which
approvals are required and the appropriate board for hearing an application for
a land
development
or subdivision project. The following types of applications, as defined in
section 45-
23-32,
may be filed:
(1) Administrative subdivision;
(2) Minor subdivision or minor land development plan; and
(3) Major subdivision or major land development plan.
(b) Certification of a complete application. - An application shall be complete
for
purposes
of commencing the applicable time period for action when so certified by the
administrative
officer. Every certification of completeness required by this chapter shall
be in
writing. In the event the certification of the application is
not made within the time specified in
this chapter
for the type of plan, the application is deemed complete for purposes of
commencing
the
review period unless the application lacks information required for these
applications as
specified
in the local regulations and the administrative officer has notified the
applicant, in
writing,
of the deficiencies in the application.
(c) Notwithstanding subsections (a) and (b) of this section, the planning board
may
subsequently
require correction of any information found to be in error and submission of
additional
information specified in the regulations but not required by the administrative
officer
prior to
certification, as is necessary to make an informed decision.
(d) Where the review is postponed with the consent of the applicant, pending
further
information
or revision of information, the time period for review is stayed and resumes
when the
administrative
officer or the planning board determines that the required application
information
is
complete.
45-23-37.
General provisions -- Administrative subdivision. -- (a) Any applicant
requesting
approval of a proposed administrative subdivision, as defined in this chapter,
shall
submit
to the administrative officer the items required by the local regulations.
(b) The application shall be certified, in writing, as complete or
incomplete by the
administrative
officer within a fifteen (15) day period from the date of its submission
according to
the
provisions of section 45-23-36(b).
(c) Review process:
(1) Within fifteen (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.
(2) If no action is taken by the administrative officer or the technical review
committee
within
the fifteen (15) days, the application shall be placed on the agenda of the
next regular
planning
board meeting.
(d) If referred to the planning board, the board shall consider the application
and the
recommendations
of the administrative officer and/or the technical review committee and either
approve,
approve with conditions, or deny the application within sixty-five (65) days of
certification
of completeness. Failure of the planning board to act within the prescribed
period
constitutes
approval of the administrative subdivision plan and a certificate of the
administrative
officer
as to the failure of the planning board or committee to act within the required
time and the
resulting
approval shall be issued on request of the applicant.
(e) Denial of an application by the administrative officer and/or the technical
review
committee
is not appealable and requires the plan to be submitted as a minor subdivision
application.
(f) Any approval of an administrative subdivision shall be evidenced by a
written
decision
which shall be filed and posted in the office of the city or town clerk.
(g) Approval of an administrative subdivision expires ninety (90) days from the
date of
approval
unless within that period a plat in conformity with that approval is submitted
for
signature
and recording as specified in section 45-23-64.
45-23-38.
General provisions -- Minor land development and minor subdivision
review.
-- (a) Review stages. - Minor
plan review consists of two stages, preliminary and final;
provided,
that if a street creation or extension is involved, a public hearing is
required. The
planning
board may combine the approval stages, providing requirements for both stages
are met
by the
applicant to the satisfaction of the planning officials.
(b) Submission requirements. - Any applicant requesting approval of a proposed
minor
subdivision
or minor land development, as defined in this chapter, shall submit to the
administrative
officer the items required by the local regulations.
(c) Certification. - The application shall be certified, in writing,
complete or incomplete
by the
administrative officer within twenty-five (25) days or within fifteen (15) days
if no street
creation
or extension is required, according to the provisions of section 45-23-36(b).
The running
of the
time period set forth in this section 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
fourteen (14) days after its resubmission.
(d) Technical review committee. - The technical review committee, if
established, will
review
the application and will comment and make recommendations to the planning
board. The
application
will be referred to the planning board as a whole if there is no technical review
committee.
When reviewed by a technical review committee:
(1) If the land development or subdivision plan is approved by a majority of
the
committee
members, the application is forwarded to the planning board with a
recommendation
for
preliminary plan approval without further review.
(2) If the plan is not approved by a majority vote of the committee members,
the minor
land
development and subdivision application is referred to the planning board.
(e) Re-assignment to major review. - The planning board may re-assign a
proposed
minor
project to major review only when the planning board is unable to make the
positive
findings
required in section 45-23-60.
(f) Decision. - If no street creation or extension is required, the planning
board will
approve,
deny, or approve with conditions, the preliminary plan within sixty-five (65)
days of
certification
of completeness, or within any further time that is agreed to by the applicant
and the
board,
according to the requirements of section 45-23-63. If a street extension or
creation is
required,
the planning board will hold a public hearing prior to approval according to
the
requirements
in section 45-23-42 and will approve, deny, or approve with conditions, the
preliminary
plan within ninety-five (95) days of certification of completeness, or within
any
specified
time that is agreed to by the applicant and the board, according to the
requirements of
section
45-23-63.
(g) Failure to act. - Failure of the planning board to act within the period
prescribed
constitutes
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 will be
issued
on request of the application.
(h) Final plan. - The planning board may delegate final plan review and
approval to
either
the administrative officer or the technical review committee. The officer or
committee will
report
its actions, in writing to the planning board at its next regular
meeting, to be made part of
the
record.
(i) Expiration of approval. - Approval of a minor land development or
subdivision plan
expires
ninety (90) days from the date of approval unless within that period a plat or
plan, in
conformity
with approval, and as defined in this act, is submitted for signature and
recording as
specified
in section 45-23-64. Validity may be extended for a longer period, for cause
shown, if
requested
by the application in writing, and approved by the planning board.
45-23-40.
General provisions -- Major land development and major subdivision --
Master
plan. -- (a) Submission
requirements.
(1) The applicant shall first submit to the administrative officer the items
required by the
local
regulations for master plans.
(2) Requirements for the master plan and supporting material for this phase of
review
include,
but are not limited to: information on the natural and built features of the
surrounding
neighborhood,
existing natural and man-made conditions of the development site, including
topographic
features, the freshwater wetland and coastal zone boundaries, the floodplains,
as well
as the
proposed design concept, proposed public improvements and dedications, tentative
construction
phasing, and potential neighborhood impacts.
(3) Initial comments will be solicited from (i) local agencies including, but
not limited
to, the
planning department, the department of public works, fire and police
departments, the
conservation
and recreation commissions; (ii) adjacent communities; (iii) state agencies, as
appropriate,
including the departments of environmental management and transportation, and
the
coastal
resources management council; and (iv) federal agencies, as appropriate. The
administrative
officer shall coordinate review and comments by local officials, adjacent
communities,
and state and federal agencies.
(b) Certification. - The application must be certified in writing,
complete or incomplete
by the
administrative officer within sixty (60) days, according to the provisions of
section 45-23-
36(b).
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 fourteen (14) days after its resubmission.
(c) Technical review committee. - The technical review committee, if
established, shall
review
the application and shall comment and make recommendations to the planning
board.
(d) Informational meeting.
(1) A public informational meeting will 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 is optional, based upon planning board
determination.
(2) Public notice for the informational meeting is required and must be given
at least
seven
(7) days prior to the date of the meeting in a newspaper of general circulation
within the
municipality.
Postcard notice must be mailed to the applicant and to all property owners
within
the
notice area, as specified by local regulations.
(3) At the public informational meeting the applicant will present the proposed
development
project. The planning board must allow oral and written comments from the
general
public.
All public comments are to be made part of the public record of the project
application.
(e) Decision. - The planning board shall, within one hundred and twenty (120)
days of
certification
of completeness, or within a further amount of time that may be consented to by
the
applicant,
approve of the master plan as submitted, approve with changes and/or
conditions, or
deny the
application, according to the requirements of section 45-23-63.
(f) Failure to act. - Failure of the planning board to act within the
prescribed period
constitutes
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 will be
issued
on request of the applicant.
(g) Vesting.
(1) The approved master plan is vested for a period of one year, with a one
year
extension
upon written request by the applicant, who must appear before the planning
board for
the
annual review. 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.
(2) The initial two (2) year vesting for the approved master plan constitutes
the vested
rights
for the development as required in section 45-24-44.
45-23-41.
General provisions -- Major land development and major subdivision --
Preliminary
plan. -- (a) Submission
requirements.
(1) The applicant shall first submit to the administrative officer the items
required by the
local
regulations for preliminary plans.
(2) Requirements for the preliminary plan and supporting materials for this
phase of the
review
include, but are not limited to: engineering plans depicting the existing site
conditions,
engineering
plans depicting the proposed development project, a perimeter survey, all
permits
required
by state or federal agencies prior to commencement of construction, 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.
(3) At the preliminary plan review phase, the administrative officer shall
solicit final
written
comments and/or approvals of the department of public works, the city or town
engineer,
the city
or town solicitor, other local government departments, commissions, or
authorities as
appropriate.
(4) Prior to approval of the preliminary plan, copies of all legal documents
describing the
property,
proposed easements and rights-of-way.
(b) Certification. - The application will be certified as complete or
incomplete by the
administrative
officer within sixty (60) days, according to the provisions of section
45-23-36(b).
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
fourteen (14) days after its resubmission.
(c) Technical review committee. - The technical review committee, if
established, shall
review
the application and shall comment and make recommendations to the planning
board.
(d) Public hearing. - Prior to a planning board decision on the preliminary
plan, a public
hearing,
which adheres to the requirements for notice described in section 45-23-42,
must be
held.
(e) Public improvement guarantees. - Proposed arrangements for completion of
the
required
public improvements, including construction schedule and/or financial
guarantees shall
be
reviewed and approved by the planning board at preliminary plan approval.
(f) Decision. - A complete application for a major subdivision or development
plan shall
be
approved, approved with conditions or denied, in accordance with the
requirements of section
45-23-43, within one hundred and twenty (120) days of
the date when it is certified complete, or
within a
further amount of time that may be consented to by the developer.
(g) Failure to act. - Failure of the planning board to act within the
prescribed period
constitutes
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.
(h) Vesting. - The approved preliminary plan is vested for a period of one year
and
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
includes
all general and specific conditions shown on the approved preliminary plan
drawings
and
supporting material.
45-23-43.
General provisions -- Major land development and major subdivision --
Final
plan. -- (a) Submission requirements.
(1) The applicant shall submit to the administrative officer the items required
by the
local
regulations for the final plan, as well as all material required by the
planning board when the
application
was given preliminary approval.
(2) Arrangements for completion of the required public improvements, including
construction
schedule and/or financial guarantees.
(3) Certification by the tax collector that all property taxes are current.
(4) For phased projects, the final plan for phases following the first phase,
shall be
accompanied
by copies of as-built drawings not previously submitted of all existing public
improvements
for prior phases.
(b) Certification. - The application for final plan approval shall be certified
complete or
incomplete
by the administrative officer in writing, within twenty-five (25) days,
according to the
provisions
of section 45-23-36(b). This time period may be extended to forty-five (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
less
than
fourteen (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 (c) below,
the
final plan shall be considered approved.
(c) Referral to the planning board. - If the administrative officer determines
that an
application
for final approval does not meet the requirements set by local regulations or
by the
planning
board at preliminary approval, the administrative officer shall refer the final
plans to the
planning
board for review. The planning board shall, within forty-five (45) days after
the
certification
of completeness, or within a further amount of time that 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
prescribed period
constitutes
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 approval of a major subdivision or land
development
project expires one year from the date of approval unless, within that period,
the plat
or plan
has been submitted for signature and recording as specified in section
45-23-64. The
planning
board may, for good cause shown, extend the period for recording for an
additional
period.
(f) Acceptance of public improvements. - Signature and recording as specified
in section
45-23-64
constitute the acceptance by the municipality of any street or other public
improvement
or other
land intended for dedication. Final plan approval shall not impose any duty
upon the
municipality
to maintain or improve those dedicated areas until the governing body of the
municipality
accepts the completed public improvements as constructed in compliance with the
final
plans.
(g) Validity of recorded plans. - The approved final plan, once recorded,
remains valid as
the
approved plan for the site unless and until an amendment to the plan is
approved under the
procedure
stated in section 45-23-65, or a new plan is approved by the planning board.
45-23-56.
Administration -- Technical review committee. -- (a) The planning board
may
establish a technical review committee of not fewer than three (3) members, to
conduct
technical
reviews of applications subject to their jurisdiction. Where a technical review
committee
is established, the administrative officer shall serve as chairperson.
Membership of this
subcommittee,
to be known as the technical review committee, may include, but is not limited
to,
members
of the planning board, planning department staff, other municipal staff
representing
departments
with responsibility for review or enforcement, conservation commissioners or
other
duly
appointed local public commission members.
(b) If the planning board establishes a technical review committee, the board
shall adopt
written
procedures establishing the committee's responsibilities.
(c) Reports of the technical review committee to the planning board shall be in
writing
and kept
as part of the permanent documentation on the development application. In no
case shall
the
recommendations of the technical review committee be binding on the planning
board in its
activities
or decisions. All reports of the technical review committee shall be made
available to
the
applicant prior to the meeting of the planning board meeting at which the
reports are first
considered.
45-23-63.
Procedure -- Meetings -- Votes -- Decisions and records. -- (a) All
records
of the planning
board proceedings and decisions shall be written and kept permanently available
for
public review. Completed applications for proposed land development and
subdivisions
projects
under review by the planning board shall be available for public review.
(b) Participation in a planning board meeting or other proceedings by any party
is not a
cause
for civil action or liability except for acts not in good faith, intentional
misconduct,
knowing
violation of law, transactions where there is an improper personal benefit, or
malicious,
wanton,
or willful misconduct.
(c) All final written comments to the planning board from the administrative
officer,
municipal
departments, the technical review committee, state and federal agencies, and
local
commissions
are part of the permanent record of the development application.
(d) Votes. - All votes of the planning board shall be made part of the
permanent record
and show
the members present and their votes. A decision by the planning board to
approve any
land
development or subdivision application requires a vote for approval by a
majority of the
current
planning board membership.
(e)
All written decisions of the planning board shall be recorded in the land
evidence
records
within thirty-five (35) days after the planning board vote. A copy of the
recorded
decision
shall be mailed within one business day of recording, by any method that
provides
confirmation
of receipt, to the applicant and to any objector who has filed a written request
for
notice
with the administrative officer.
SECTION
2. This act shall take effect upon passage.
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LC01687/SUB A
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