Title 45
Towns and Cities

Chapter 23
Subdivision of Land

§ 45-23-39. General provisions — Major land development and major subdivision review stages.

(a) Stages of review. Major land development and major subdivision review consists of three stages of review, master plan, preliminary plan, and final plan, following the pre-application meeting(s) specified in § 45-23-35. Also required is a public hearing at the master plan stage of review or, if combined at the first stage of review.

(b) The administrative officer may combine review stages but only the planning board may waive requirements as specified in § 45-23-62. Review stages may be combined only after the administrative officer determines that all necessary requirements have been met by the applicant or that the planning board has waived any submission requirements not included by the applicant.

(c) Master plan review.

(1) Submission requirements.

(i) The applicant shall first submit to the administrative officer the items required by the local regulations for master plans.

(ii) 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.

(iii) Initial comments will be solicited from:

(A) Local agencies including, but not limited to, the planning department, the department of public works, fire and police departments, the conservation and recreation commissions;

(B) Adjacent communities;

(C) State agencies, as appropriate, including the departments of environmental management and transportation and the coastal resources management council; and

(D) Federal agencies, as appropriate. The administrative officer shall coordinate review and comments by local officials, adjacent communities, and state and federal agencies.

(iv) Applications requesting relief from the zoning ordinance.

(A) Applications under this chapter that require relief that qualifies only as a modification under § 45-24-46 and local ordinances may proceed by filing a master plan application under this section to the administrative officer and, separately, 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 as set forth in § 45-24-46, such application shall proceed under unified development review pursuant to § 45-23-50.1.

(B) Applications under this section that 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 pursuant to § 45-23-50.1.

(2) Certification. The application must be certified, in writing, complete or incomplete by the administrative officer within twenty-five (25) days of the submission, according to the provisions of § 45-23-36(c), so long as a completed checklist of requirements is provided with the submission. If an applicant also submits for a modification to the zoning enforcement officer, the running of the time period set forth herein will not begin until the decision on the modification is made as set forth in § 45-24-46. 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 ten (10) days after its resubmission.

(3) Technical review committee. To the extent the community utilizes a technical review committee, it shall review the application prior to the first planning board meeting and shall comment and make recommendations to the planning board.

(4) Public hearing.

(i) A public hearing will be held prior to the planning board decision on the master plan. If the master plan and preliminary plan review stages are being combined, a public hearing shall be held during the combined stage of review.

(ii) Notice for the public hearing is required and must be given at least fourteen (14) days prior to the date of the meeting in a newspaper of local circulation within the municipality. Notice must be mailed to the applicant and to all property owners within the notice area, as specified by local regulations.

(iii) At the public hearing, 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.

(5) Decision. The planning board shall, within ninety (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, approve of the master plan as submitted, approve with changes and/or conditions, or deny the application, according to the requirements of §§ 45-23-60 and 45-23-63.

(6) 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.

(7) Vesting.

(i) 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.

(ii) The initial four-year (4) vesting for the approved master plan constitutes the vested rights for the development as required in § 45-24-44.

(d) Preliminary plan review.

(1) Submission requirements.

(i) The applicant shall first submit to the administrative officer the items required by the local regulations for preliminary plans.

(ii) 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, and a perimeter survey.

(iii) 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.

(iv) Prior to approval of the preliminary plan, copies of all legal documents describing the property, proposed easements, and rights-of-way.

(v) Prior to approval of the preliminary plan, an 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.

(vi) If the applicant is requesting alteration of any variances and/or special-use permits granted by the planning board or commission 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 § 45-23-50.1(b).

(2) Certification. The application will be certified as complete or incomplete by the administrative officer within twenty-five (25) days, according to the provisions of § 45-23-36(c) so long as a completed checklist of requirements is 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 ten (10) days after its resubmission.

(3) Technical review committee. To the extent the community utilizes a technical review committee, it shall review the application prior to the first planning board meeting and shall comment and make recommendations to the planning board.

(4) Public notice. Prior to the first planning board meeting on the preliminary plan, public notice shall be sent to abutters only at least fourteen (14) days before the hearing.

(5) 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.

(6) 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 §§ 45-23-60 and 45-23-63, within ninety (90) days of the date when it is certified complete, or within a further amount of time that may be consented to by the developer through the submission of a written waiver. Provided that, the timeframe for decision is automatically extended if evidence of state permits has not been provided, or otherwise waived in accordance with this section.

(7) 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.

(8) Vesting. The approved preliminary 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 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 includes all general and specific conditions shown on the approved preliminary plan drawings and supporting material.

(e) Final plan.

(1) Submission requirements.

(i) 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.

(ii) Arrangements for completion of the required public improvements, including construction schedule and/or financial guarantees.

(iii) Certification by the tax collector that all property taxes are current.

(iv) 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.

(2) Certification. The application for final plan approval shall be certified complete or incomplete by the administrative officer in writing, within fifteen (15) days, according to the provisions of § 45-23-36(c) so long as a completed checklist of requirements is provided with the submission. 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. If the administrative officer certifies the application as complete and does not require submission to the planning board as per subsection (c) of this section, the final plan shall be considered approved.

(3) Decision. The administrative officer, or, if referred to it, the planning board, shall review, grant, grant with conditions, or deny final plan approval. A decision shall be issued 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, to approve or deny the final plan as submitted.

(4) Failure to act. Failure of the administrative officer, or, if referred to it, 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.

(5) Expiration of approval. 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 plat or plan has been submitted for signature and recording as specified in § 45-23-64. Thereafter, the planning board may, for good cause shown, extend the period for recording.

(6) Acceptance of public improvements. Signature and recording as specified in § 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.

(7) 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 § 45-23-65, or a new plan is approved by the planning board.

(f) Modifications and changes to plans.

(1) Minor changes, as defined in the local regulations, to the plans approved at any stage may be approved administratively, by the administrative officer. The changes may be authorized without an additional planning board meeting. All changes shall be made part of the permanent record of the project application. This provision does not prohibit the administrative officer from requesting recommendation from either the technical review committee or the permitting authority. Denial of the proposed change(s) shall be referred to the planning board for review as a major change.

(2) Major changes, as defined in the local regulations, to the plans approved at any stage may be approved only by the planning board and must include a public hearing.

(3) The administrative officer shall notify the applicant in writing within fourteen (14) days of submission of the written request for a change if the administrative officer determines the change to be a major change of the approved plans.

(g) Appeal. Decisions under this section shall be considered an appealable decision pursuant to § 45-23-71.