ARTICLE V. - PROCEDURE FOR REVIEW AND APPROVAL OF PLATS AND PLANS

A.

General requirements.

1.

The planning commission shall consider each application for subdivision approval according to the procedure set forth in this section, unless otherwise specifically provided.

2.

An applicant for subdivision approval who wishes the planning commission to take some official action on his or her application shall submit all of the materials required by the applicable section of appendix A of these regulations (checklists) to the administrative officer. If the requested action is not applicable under any of the checklists provided in appendix A, such as a request for an extension of an approval, the applicant shall submit a written request to the administrative officer describing the requested action to be taken by the planning commission. The matter will be placed on the next available agenda of the planning commission only if the administrative officer determines that all of the required material has been submitted and only after a certificate of completeness has been issued in accordance with the applicable provisions of these regulations.

3.

Any submission of materials to the administrative officer shall be accompanied by a cover letter or letter of transmittal indicating the date, the materials being submitted and the requested action. No materials shall be accepted by the administrative officer without said cover letter. Upon receipt of any materials, the administrative officer shall stamp the date of receipt upon them.

4.

If an application for subdivision approval is made by someone other than the owner of the land being subdivided, the applicant shall submit a notarized written statement from the owner authorizing such application.

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. Certification of a complete application shall be made in writing by the administrative officer upon a form entitled certificate of completeness. A copy of said certificate shall be provided to the applicant. In the event such certification of the application is not made within the time specified in these regulations for the type of plan being proposed, the application shall be deemed complete for purposes of commencing the review period unless the application lacks information required for such applications as specified in appendix A (checklists), and the administrative officer has notified the applicant, in writing, of the deficiencies in the application.

Notwithstanding the paragraph above, the planning commission may subsequently require the applicant to correct any information found to be in error and/or to submit additional information specified in the regulations but not required by the administrative officer prior to certification, as is necessary to make an informed decision.

Where review is postponed with the consent of the applicant, pending further information or revision of information, the time period for review shall be stayed and shall resume when the planning commission determines that the required application information is complete.

For the purposes of calculating mandatory review periods as provided in these regulations, all days shall be considered to be calendar days.

C.

Procedure for approval. The planning commission shall consider applications for subdivision approval according to the following procedures:

1.

Preapplication meetings and concept review.

a.

An applicant wishing to obtain subdivision approval shall first contact the administrative officer to arrange a meeting with the planning department and other town staff. At the staff meeting, the applicant and planning staff shall determine if a preapplication meeting with the planning commission is required by these regulations or is desired by either the applicant or the town.

b.

If a preapplication meeting is required or requested, the applicant shall submit all the information required by the checklist for preapplication meetings and concept review in appendix A.2. The planning staff will review and comment on the checklist information and, if determined to be complete, will schedule the applicant to appear before the planning commission.

c.

If no preapplication meeting is required or requested, the applicant will be advised by the administrative officer as to the requirements of the subdivision regulations and the procedure to be followed by the applicant for subdivision approval.

d.

One or more preapplication meetings shall be held before the planning commission for all major land development or subdivision applications. Preapplication meetings may be held for administrative subdivisions and minor land development and minor subdivision applications, upon request of either the town, acting through the planning department, or the applicant. Preapplication meetings shall allow the applicant to meet with the planning commission for advice as to the required steps in the subdivision approval process. Where appropriate, town officials, boards and/or commissions, planning staff and state agencies shall be notified of the preapplication meetings and invited to provide comments on the proposed subdivision or land development plan.

e.

At the preapplication stage of an application, the applicant may request the planning commission or the technical review committee for an informal concept plan review for a development. The purpose of the concept plan review is also to provide the applicant with planning commission or technical review committee input in the formative stages of subdivision and land development concept design.

f.

Preapplication meetings shall aim to encourage information sharing and discussion of project concepts among the participants. Preapplication meetings should include a review of the physical character of the land, and any environmental or physical constraints to development. Meetings should include a discussion initiated by the planning commission regarding what form of land development may be appropriate to meet the goals and policies of the comprehensive plan with regard to preserving the character of the land, the natural environment and the ability of the town to provide essential services. Preapplication discussions are intended for the guidance of the applicant and shall not be considered approval of a project or of any of its elements. No formal action need be taken by the planning commission at the preapplication meeting.

2.

Administrative subdivision.

a.

Any applicant requesting approval of a proposed administrative subdivision as herein defined shall submit to the administrative officer the items required by the checklist for administrative subdivisions in appendix A.1.

b.

The application shall be certified as complete or incomplete by the administrative officer within a 15-day period from the date of its submission according to the provisions of section B. of this article.

c.

Within 15 days of certification of completeness, the administrative officer or technical review committee shall review the application and approve, deny, or refer it to the planning commission with recommendations. The officer or committee shall report its actions to the planning commission at its next regular meeting to be made part of the record. If no action is taken by the administrative officer or technical review committee, within the 15-day mandatory review period, the application shall be placed on the agenda of the next regular planning commission meeting.

d.

If referred to the planning commission, the commission shall consider the application and the recommendations of the administrative officer and/or the technical review committee and shall either approve, approve with conditions, or deny the application within 65 days of the certification of completeness. Failure of the planning commission to act within the period prescribed shall constitute approval of the administrative subdivision plan and a certificate of the administrative officer as to the failure of the planning commission 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 shall not be appealable and shall require the plan to be submitted as a minor subdivision application.

f.

Approval of an administrative subdivision shall expire 90 days from the date of approval unless within such period of time a plat in conformity with such approval is submitted for signature and recording as provided in article VI.

3.

Minor land development and minor subdivision.

a.

Review stages. Minor plan review shall consist of at least two stages: (1) preliminary; and (2) final. A preapplication meeting may also be held as provided in section C.1. of this article. The planning commission may vote to combine the approval stages, provided that requirements for all stages so combined have been met by the applicant to the satisfaction of the planning commission.

b.

Submission requirements. Any applicant requesting approval of a proposed minor subdivision or minor land development, as defined in these regulations, shall submit to the administrative officer the plans and supporting materials provided in the preliminary plat checklist for minor land development and minor subdivision as provided in appendix A.3.

c.

Certification of preliminary plat. The application shall be certified complete or incomplete by the administrative officer within 25 days of its receipt according to the provisions of section B. of this article.

d.

Technical review committee. The technical review committee shall review the preliminary plan application and shall comment and make recommendations to the planning commission. When reviewed by the technical review committee:

(1)

If the land development or subdivision plan is approved by a majority vote of the committee members, the application shall be forwarded to the planning commission with a recommendation for preliminary plan approval without further review; or

(2)

If the plan is not approved by a majority vote of the committee members, the application shall be referred to the planning commission for their decision on the application.

e.

Reassignment to major review. The planning commission may reassign a proposed minor land development or minor subdivision to major review only when the planning commission is unable to make the positive findings required in article III, section A.

f.

Decision (no street extension or creation). If no street extension or creation is required, the planning commission shall approve, deny, or approve with conditions the preliminary plan within 65 days of the issuance of the certificate of completeness by the administrative officer as provided in subsection c. of this section, above; provided, however, that if an extension of time is agreed to by the applicant and the commission as provided in section B. of this article, this time period shall be stayed.

g.

Decision (street extension or creation). If a street extension or creation is required, the planning commission shall hold a public hearing prior to any action according to the requirements set forth in section C.4.r. and s. of this article. The planning commission shall approve, deny, or approve with conditions the preliminary plan within 95 days of the issuance of the certificate of completeness by the administrative officer as provided in subsection c. of this section, above; provided, however, that if an extension of time is agreed to by the applicant and the commission as provided in section B. of this article, this time period shall be stayed.

h.

Failure to act. Failure of the planning commission to act within the period prescribed in subsection f. or g. of this section shall constitute approval of the preliminary plan and written certification from the administrative officer as to the failure of the planning commission to act within the required time and the resulting approval shall be issued on request of the applicant.

i.

Final plan. The planning commission shall delegate final plan review and approval to the administrative officer, unless it elects to review the final plan itself. When the review and approval of the final plan is delegated to the administrative officer, the administrative officer shall report its actions to the planning commission at its next regular meeting to be made part of the record.

j.

Expiration of approval. Approval of a minor land development or subdivision plan shall expire 90 days from the date of final approval unless within such period a plat or plan in conformity with such approval, and as defined in article II, is submitted for signature and recording as specified in article VI. Validity may be extended for a longer period for cause shown, if requested by the applicant in writing, and approved by the planning commission.

4.

Major land development and major subdivision.

a.

Review stages. Major plan review shall consist of four stages of review:

(1)

Preapplication meeting(s);

(2)

Master plan;

(3)

Preliminary plan; and

(4)

Final plan.

Also required is a public informational meeting and a public hearing. The planning commission may vote to combine review stages and to modify and/or waive requirements as specified in article VIII. Review stages may be combined only after the planning commission determines that all necessary requirements for all stages so combined have been met by the applicant.

b.

Submission requirements; preapplication. Any applicant requesting approval of a proposed major subdivision or major land development, as defined in these regulations, shall first submit to the administrative officer the plans and supporting materials provided in the preapplication meetings and concept review checklist for major land development and major subdivision as provided in appendix A.2. The procedure and criteria for preapplication meetings and concept review as provided in section C.1. of this article shall apply. At the conclusion of the preapplication meeting(s), the applicant may proceed to the master plan stage of review.

c.

Submission requirements; master plan. Any applicant requesting approval of a proposed major subdivision or major land development, as defined in these regulations, shall first submit to the administrative officer the plans and supporting materials provided in the master plan checklist for major land development and major subdivision as provided in appendix A.5. The purpose of the master plan stage of review is to provide the applicant with the opportunity to present an overall plan for a proposed project site outlining general, rather than detailed, development intentions. The master plan describes the basic parameters of a major development proposal, rather than giving full engineering details. Initial comments on the master plan shall be solicited from local agencies, adjacent communities, state agencies, and federal agencies, as required in the master plan checklist. The administrative officer shall coordinate review and comments by participating agencies.

d.

Certification of master plan application. The application shall be certified complete or incomplete by the administrative officer within 90 days of its receipt according to the provisions of section B. of this article.

e.

Technical review committee. The technical review committee shall review the application for master plan approval and shall comment and make recommendations to the planning commission within the time limits for planning commission action as stated in section 4.g. of this article.

f.

Informational meeting. A public informational meeting shall be held prior to the planning commission decision on the master plan, unless the master plan and preliminary plan approvals are being combined, in which case the public informational meeting shall be optional, based on planning commission determination. In such case, review stages may be combined only after the planning commission determines that all necessary requirements for all stages so combined have been met by the applicant.

(1)

Public notice for the informational meeting is required and shall be given at least seven days prior to the date of the meeting in a newspaper of general circulation within the town. Postcard notice shall be mailed by the applicant to all property owners within the notice area. The notice area for informational meetings shall be as specified in subsections [4.]r. and s. of this section, below.

(2)

At the public informational meeting, the applicant, or his or her representative(s), shall present the proposed development project for the benefit of the planning commission and the public. The planning commission shall allow oral and written comments from the general public. All public comments shall be made part of the public record of the project application.

g.

Decision. The planning commission shall, within 120 days of certification of completeness of the master plan application as provided in section C.4.d. of this article, or within such further time as may be consented to by the applicant as provided in section B. of this article, approve of the master plan as submitted, approve with changes and/or conditions, or deny the application according to the requirements of section E. of article XI.

h.

Failure to act. Failure of the planning commission to act within the period prescribed in subsection 4.g. of this section shall constitute approval of the master plan and written certification from the administrative officer as to the failure of the planning commission to act within the required time and the resulting approval shall be issued on request of the applicant.

i.

Expiration of master plan approval. Approval of a major land development or major subdivision master plan shall expire one year from the date of final approval. Vesting may be extended for a period of one additional year, for good cause shown, if requested by the applicant in writing, and approved by the planning commission. The applicant, or his or her representative(s) shall appear before the planning commission for the annual review. Vesting may be extended for a period beyond one year, for good cause shown, if requested by the applicant in writing, and approved by the planning commission. Master plan vesting shall include any applicable provisions of the zoning ordinance [chapter 82] that were in place at the time of approval, conceptual layout and all conditions shown on the approved master plan drawings and supporting materials. The initial vesting for the approved master plan shall constitute the vested rights for the development as required in G.L. 1956, § 45-24-44 of the Rhode Island Zoning Enabling Act of 1991.

j.

Submission requirements; preliminary plan. Any applicant requesting approval of a proposed major subdivision or major land development, as defined in these regulations, shall first submit to the administrative officer the plans and supporting materials provided in the preliminary plat checklist for major land developments and major subdivisions as provided in appendix A.6.

k.

Certification of preliminary plan application. The application shall be certified complete or incomplete by the administrative officer within 60 days of its receipt according to the provisions of section B. of this article.

l.

Technical review committee. The technical review committee shall review the application for preliminary plan approval and shall comment and make recommendations to the planning commission within the time limits for planning commission action as stated in section 4.o. of this article, below.

m.

Public hearing. Prior to a planning commission decision on the preliminary plan, a public hearing, which adheres to the requirements for notice described in [sub]sections 4.r. and s. of this article [section] must be held.

n.

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 commission at the time of preliminary plan approval.

o.

Decision. The planning commission shall, within 120 days of certification of completeness of the preliminary plan application as provided in section C.4.k. of this article, or within such further time as may be consented to by the applicant as provided in section B. of this article, approve of the preliminary plan as submitted, approve with changes and/or conditions, or deny the application according to the requirements of section E. of article XI.

p.

Failure to act. Failure of the planning commission to act within the period prescribed in section C.4.o. of this article shall constitute approval of the preliminary plan and written certification from the administrative officer as to the failure of the planning commission to act within the required time and the resulting approval shall be issued on request of the applicant.

q.

Expiration of preliminary approval. The approved preliminary plan shall be 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 commission. The vesting for the preliminary plan approval shall include all general and specific conditions as shown on the approved preliminary plan drawings and supporting material.

r.

Public hearing and notice requirements. A public hearing on the preliminary plan shall be required for a major land development project or a major subdivision, or where a street extension or creation requires a public hearing for a minor land development project or minor subdivision. Public notice of the hearing shall be given at least 14 days prior to the date of the hearing in a newspaper of general circulation in the town. Newspaper ads shall be printed in the legal section of the classifieds using a type size at least as large as the normal type size used by the newspaper in its news articles and shall contain the information specified below. Written notice shall also be sent by the applicant, upon forms to be provided to the applicant by the town, to each owner of property within the notice areas as specified in subsection [4.]s. of this section, below. The applicant shall receive a copy of the notice from the planning department. Notice shall be mailed by certified mail, return receipt requested, not less than ten days prior to the date of the hearing. As proof of such mailing, a copy of all return receipts shall be provided to the planning department by the applicant prior to or at the time of the public hearing. All mail and newspaper notices required by this subsection shall specify:

(1)

The date, time and place of public hearing;

(2)

The assessor's plat and lot number of the subject property;

(3)

The street address of the subject property, or if no street address is available, the name of the street(s) on which or near which the subject property is located and the distance and direction from the nearest existing street intersection in tenths of a mile;

(4)

Advise interested parties where and when a copy of the plans of the proposed major subdivision or major land development project may be examined; and

(5)

Contain a statement that the proposed major subdivision or major land development project may be revised by the planning commission as a result of further study or because of the views expressed at the public hearing.

s.

Notice area. The distance for notice of the public hearing shall be 200 feet from the perimeter of the parcel being subdivided in all zoning districts except RR-80 and RR-200, in which zoning districts the distance for notice of the public hearing shall be 300 feet. The applicant is responsible for determining the correct names and addresses of all property owners required to be notified and shall[,] at a minimum, be as accurate as the most current names and addresses listed by the tax assessor. The cost of all such mail notice shall be borne by the applicant.

t.

Submission requirements; final plan. Any applicant requesting final approval of a proposed major subdivision or major land development, as defined in these regulations, shall first submit to the administrative officer the plans and supporting materials required by the final plat checklist for major land development and major subdivision, as provided in appendix A.7., in addition to any material required by the planning commission when the application was given preliminary approval.

u.

Certification of final plat. The application for final plan approval shall be certified complete or incomplete by the administrative officer within 45 days of its receipt according to the provisions of section B. of this article. If the administrative officer certifies the application as complete and does not require submission to the planning commission as per subsection [4.]v. of this section below, the final plan shall be considered approved.

v.

Referral to the planning commission. If the administrative officer determines that an application for final approval does not meet the requirements set by these subdivision regulations or by any other local regulations, or by the planning commission at preliminary approval, the administrative officer shall refer the final plans to the planning commission for review. The planning commission shall, within 45 days after the issuance of the certificate of completeness of the application for final plan approval by the administrative officer in subsection [4.]u. of this section, or within such further time as may be consented to by the applicant, approve or deny the final plan as submitted.

w.

Failure to act. Failure of the planning commission to act within the period prescribed in subsection [4.]v. of this section shall constitute approval of the final plan and a certificate of the administrative officer as to the failure of the planning commission to act within the required time and the resulting approval shall be issued on request of the applicant.

x.

Recording. The final plan of a major subdivision or land development project shall expire one year from the date of approval by the planning commission in subsection [4.]v. [of this section] or by the administrative officer in subsections [4.]u. or w. of this section unless, within that period, the plat or plan shall have been submitted for signature and recording as specified in article VI. The planning commission may, for good cause shown, extend the period for recording for an additional period, if requested by the applicant in writing.

D.

Precedence of approvals between planning commission and other local permitting authorities.

1.

Zoning board of review.

a.

Where an applicant requires both a variance from the zoning ordinance [chapter 82] and planning commission approval, the applicant shall first obtain an advisory recommendation from the planning commission, as well as conditional planning commission approval for the first approval stage for the proposed project, which may be simultaneous, then obtain conditional zoning board relief, and then return to the planning commission for subsequent required approval(s).

b.

Where an applicant requires both a special use permit under the zoning ordinance [chapter 82] and planning commission approval, the applicant shall first obtain an advisory recommendation from the planning commission, as well as conditional planning commission approval for the first approval stage for the proposed project, which may be simultaneous, then obtain a conditional special use permit from the zoning board, and then return to the planning commission for subsequent required approval(s).

2.

Town council. Where an applicant requires both planning commission approval and town council approval for a zoning ordinance [chapter 82] or zoning map change, the applicant shall first obtain an advisory recommendation on the zoning change from the planning commission, as well as conditional planning commission approval for the first approval stage for the proposed project, which may be simultaneous, then obtain a conditional zoning change from the town council, and then return to the planning commission for subsequent required approval(s).