Chapter 08-464

Chapter 464

2008 -- S 2425 SUBSTITUTE A

Enacted 07/05/08

A N A C T

RELATING TO TOWNS AND CITIES -- SUBDIVISION OF LAND

Introduced By: Senators Tassoni, Issa, and Doyle

Date Introduced: February 12, 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.

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).

(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.

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.

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.

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 sections

45-23-60 and 45-23-63, 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.

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.

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.

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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LC01196/SUB A

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