The text
Footnotes:
--- (1) --- Cross reference— Any ordinance dedicating or accepting any plat or subdivision in the town saved from repeal, § 1-10(8); any subdivision ordinance saved from repeal, § 1-10(12); buildings and building regulations, ch. 9; historic preservation, ch. 14; streets, sidewalks and other public places, ch. 25; zoning, ch. 28; environment, ch. 10.
State Law reference— Land Development and Subdivision Review Enabling Act of 1992, G.L. 1956, § 45-23-1 et seq.
Sec. 26-1. - Adoption of rules and regulations by planning board.#
The town planning board is hereby authorized and empowered to adopt, modify and amend rules and regulations governing and restricting the platting or other subdivisions or development of land within the town, and to control such subdivisions according to such rules and regulations. Such rules and regulations shall not be adopted, modified or amended until after a public hearing thereon shall have been held as specified in G.L. 1956, § 45-23-4. These rules and regulations and any modifications or amendments thereto shall be published and copies thereof, when adopted, shall be filed with the town clerk and shall be available for public inspection.
(Code 1972, § 21-1)
Sec. 26-2. - Approval of subdivision plats by planning board required.#
When the planning board shall have adopted rules and regulations pursuant to this chapter, any person who shall thereafter subdivide any land in the town shall make a plat thereof, to which shall be attached the tax collector's certificate that all taxes due on the land described in such plat have been paid for a period of five years preceding the date of filing and that there are no outstanding tax liens thereon, and submit the plat to the planning board, which shall approve, modify and approve or disapprove such plat within 45 days after the submission thereof in final form; otherwise, such plat shall be deemed to be approved and a certificate to that effect shall be issued by the planning board on demand. Such plat, when endorsed as approved by the planning board, shall be recorded in the land records of the town, and shall be assigned a number by the town clerk, beginning with the number 400; and any number or combination of number and letter heretofore assigned by the town clerk to a plat recorded before December 12, 1949, is hereby approved and confirmed as the true and legal number of such plat.
(Code 1972, § 21-2)
Sec. 26-3. - Relocation, improvement, etc., of rights-of-way.#
Existing unimproved rights-of-way, public or private, shall not be relocated, rough graded or otherwise improved, unless a plan thereof, reviewed by the planning board and bearing its endorsed final acceptance, shall have been recorded with the highway plats in the town clerk's office.
(Code 1972, § 21-3)
Sec. 26-4. - Construction of streets, utility services and other public improvements.#
Streets, sewers, water mains, utility services or other public improvements constructed shall be in accordance with the rules, regulations and requirements of the planning board. No such construction within any subdivision shall be undertaken until a plat thereof shall have been finally accepted by the planning board.
(Code 1972, § 21-4)
Sec. 26-5. - Compliance with subdivision requirements prerequisite to issuance of building permits.#
Building permits duly complying with the requirements of the building and zoning regulations of the town, if requested in areas subdivided after December 12, 1949, shall be issued only for locations fronting on streets or ways shown on officially approved subdivision plats, endorsed with the final acceptance of the planning board and duly recorded in the town clerk's office.
(Code 1972, § 21-5)
Sec. 26-6. - Platting board of review.#
(a)
A platting board of review is hereby created, which shall consist of five members, each to hold office for the term of five years. Appointments shall be by the town council and each appointee shall hold office until his successor is chosen and qualifies. In case any vacancy shall occur in such board from any cause, the appointment to fill such vacancy shall be for the unexpired term.
(b)
The platting board of review shall have the same type of powers and duties with respect to hearings, witnesses and records as the zoning board of review. The platting board of review may, in appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to the rules and regulations of the planning board, in harmony with the general purpose and intent of such rules and regulations or where such exception is reasonably necessary for the convenience and welfare of the public. Appeals to the platting board of review from the rejection of any plat by the planning board may be taken, in accordance with and under the conditions set forth in G.L. 1956, §§ 45-23-15 to 45-23-18. The board of review shall also have the powers specified in such sections and shall exercise the same in accordance with its provisions. The concurring vote of four members of the board of review shall be necessary to reverse any decision or determination of the planning board.
(Code 1972, § 21-6)
Cross reference— Boards, commissions and committees, § 2-91 et seq.
Sec. 26-7. - Judicial review of determinations.#
Any person, whether or not previously a party to the proceedings, aggrieved by a decision of the platting board of review, a decision of the planning board from which no appeal lies to the board of review, or by the failure of the planning board to take final action with respect to any plat within the required time, may appeal to the superior court for the counties of Providence and Bristol in the manner and subject to the conditions set forth in G.L. 1956, § 45-23-20.
(Code 1972, § 21-7)
Sec. 26-8. - Publication of board and committee rules.#
All rules and regulations promulgated by any board or committee of the town shall be forwarded to the town council for filing, and published under this chapter of the Code.
(Code 1972, § 21-8)
Sec. 26-9. - Utility connections at lot boundaries.#
(a)
In addition to road requirements as established by the planning board and its rules and regulations, it shall be a requirement on all new plats wherein roads are to be built, that at the time the finished road surface is installed, all service and utility connections, such as, but not limited to, water, sewer, telephone, electric, drainage, fire hydrants and street lights, shall be made available at the lot boundary line, so that effective connection may be made without disturbing the finished road surface. All such utilities shall be underground whenever possible.
(b)
No building permits shall be issued on plats approved after the effective date of this section unless the above provisions have been made.
(c)
There shall be no transfer or sale of lots on plats approved after the effective date of the ordinance from which this section derives unless the above provisions have been made.
(d)
Any violation of this section shall be fined $100.00 per occurrence and each day shall constitute a new occurrence.
(Code 1972, § 21-9)