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Sec. 14-46. - Platting and development submission; review.#
General provisions. Preapplication meetings and concept review. (1)
One (1) or more preapplication meetings shall be held for all major land development or subdivision applications. Preapplication meetings may be held for administrative and minor applications, upon request of either the plan commission or the applicant. Preapplication meetings shall allow the applicant to meet with the plan commission or other appropriate officials, for advice as to the required steps in the approval process, the pertinent town plans, ordinances, regulations, rules and procedures and standards which may bear upon the proposed development project.
(2)
At the preapplication stage the applicant may request the plan 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 plan commission (or technical review committee) input in the formative stages of major subdivision and land development concept design.
(3)
Applicants seeking a preapplication meeting or an informal concept review shall submit materials three (3) weeks in advance of the plan commission meeting.
(4)
Preapplication meetings shall aim to encourage information sharing and discussion of project concepts among the participants. Preapplication discussions are intended for the guidance of the applicant and shall not be considered approval of a project or its elements.
Sec. 14-47. - 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 may be filed:
(1)
Administrative subdivision.
(2)
Minor subdivision or minor land development plan.
(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 and approved by the plan commission chairman for placement on the plan commission agenda. In the event such certification of the application is not made within the time specified in this chapter for the type of plan, 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 these regulations and the administrative officer has notified the applicant, in writing, of the deficiencies in the application.
(c)
Notwithstanding subsections (a) and (b) above, the plan commission 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 shall be stayed and shall resume when the plan commission determines that the required application information is complete.
(e)
One (1) copy of all plans and supportive data for any preapplication master plan or preliminary submission shall also be forwarded to the Providence Water Supply Board, attention director of water resources, by the applicant.
Sec. 14-48. - 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 these regulations.
(b)
The application shall be certified as complete or incomplete by the administrative officer within a fifteen-day period from the date of its submission according to the provisions of section 45-23-36(B) of the General Laws.
(c)
Review process:
(1)
Within fifteen (15) days of certification of completeness, the administrative officer shall review the application and approve, deny or refer it to the plan commission with recommendations. The officer shall report his actions to the plan commission at its next regular meeting, to be made part of the record.
(2)
If no action is taken by the administrative officer within the fifteen (15) days, the application shall be placed on the agenda of the next regular plan commission meeting.
(d)
If referred to the plan commission, the commission shall consider the application and the recommendations of the administrative officer committee and shall either approve, approve with conditions, or deny the application within sixty-five (65) days of certification of completeness. Failure of the plan 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 plan 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 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 ninety (90) days from the date of approval unless within such period a plat in conformity with such approval is submitted for signature and recording.
Sec. 14-49. - Minor land development and minor subdivision review.#
(a)
Review stages. Minor plan review shall consist of two (2) stages, preliminary and final, provided, that if a street creation or extension is involved, a public hearing is required. The plan commission may combine the approval stages, providing requirements for both stages have been met by the applicant to the satisfaction of the commission.
(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 herein.
(c)
Certification. The application shall be certified complete or incomplete by the administrative officer within twenty-five (25) days.
(d)
Technical review committee. The technical review committee, if established, shall review the application and shall comment and make recommendations to the plan commission. The application shall be referred to the plan commission 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 shall be forwarded to the plan commission 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 shall be referred to the plan commission.
(e)
Reassignment to major review. The plan commission may reassign a proposed minor project to major review only when the plan commission is unable to make the positive findings required in Section 45-23-60 of the State Enabling Law.
(f)
Decision. If no street creation or extension is required, the plan commission shall approve, deny or approve with conditions, the preliminary plan within sixty-five (65) days of certification of completeness, or within such further time as is agreed to by the applicant and the board, according to the requirements of Section 45-23-63 of the General Laws. If a street extension or creation is required, the plan commission shall hold a public hearing prior to approval and shall approve, deny or approve with conditions, the preliminary plan within ninety-five (95) days of certification of completeness, or within such further time as is agreed to by the applicant and the commission.
(g)
Failure to act. Failure of the plan commission to act within the period prescribed shall constitute approval of the preliminary plan and a certificate of the administrative officer as to the failure of the plan commission to act within the required time and the resulting approval shall be issued on request of the applicant.
(h)
Final plan. The plan commission may delegate final plan review and approval to either the administrative officer or a technical review committee. The officer or committee shall report its actions to the plan commission at its next regular meeting, to be made part of the record.
(i)
Vesting. Approval of a minor land development or subdivision plan shall expire ninety (90) days from the date of approval unless within such period a plat or plan, in conformity with such approval, and as defined in this act, is submitted for signature and recording. Validity may be extended for a longer period, for cause shown, if requested by the applicant in writing, and approved by the plan commission.
Sec. 14-50. - Major land development and major subdivision review stages.#
(a)
Major plan review shall be required of all applications for land development and subdivision approval subject to his chapter, unless classified as an administrative subdivision or as a minor land development or a minor subdivision.
(b)
Major plan review shall consist of three (3) stages of review, master plan, preliminary plan and final plan, following the preapplication meeting(s) specified in Section 45-23-35 of the General Law. Also required is a public informational meeting and a public hearing.
(c)
The plan commission may vote to combine review stages and to modify and/or waive requirements. Review stages may be combined only after the plan commission determines that all necessary requirements have been met by the applicant.
Sec. 14-51. - Major land development and major subdivision—Master plan.#
(a)
Submission requirements.
(1)
The applicant shall first submit to the administrative officer the items required for master plans.
(2)
Requirements for the master plan and supporting material for this phase review shall include, but not be 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 watershed 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 shall be solicited from the department of public works, fire and police departments, the conservation and recreation commissions; adjacent communities if required; state agencies, as appropriate, including the departments of environmental management and transportation. The administrative officer shall coordinate these reviews.
(b)
Certification. The application shall be certified complete or incomplete by the administrative officer within ninety (90) days.
(c)
Technical review committee. The technical review committee, if established, shall review the application and shall comment and make recommendations to the plan commission.
(d)
Informational meeting. A public informational meeting shall be held prior to the plan 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 upon plan commission determination.
(1)
Public notice for the informational meeting is required and shall be given at least seven (7) days prior to the date of the meeting in a newspaper of general circulation within the town. Postcard notice shall be mailed to the applicant and to all property owners within the notice area.
(2)
At the public informational meeting the applicant shall present the proposed development project. The plan 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.
(e)
Decision. The plan commission shall, within one hundred and twenty (120) days of certification of completeness, or within such further time as may be consented to by the applicant, approve of the master plan as submitted, approve with changes and/or conditions or deny the application.
(f)
Failure to act. Failure of the plan commission to act within the period prescribed shall constitute approval of the master plan and a certificate of the administrative officer as to the failure of the plan commission to act within the required time and the resulting approval shall be issued on request of the applicant.
(g)
Vesting.
(1)
The approved master plan shall be vested for a period of one (1) year, with a one-year extension upon written request by the applicant, who must appear before the plan commission 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 plan commission. Master plan vesting shall include the zoning requirements, conceptual layout and all conditions shown on the approved master plan drawings and supporting materials.
(2)
The initial two-year vesting for the approved master plan shall constitute the vested rights for the development.
Sec. 14-52. - Same—Preliminary plan.#
(a)
Submission requirements.
(1)
The applicant shall first submit to the administrative officer the items required for preliminary plans.
(2)
Requirements for the preliminary plan and supporting materials for this phase of the review shall include, but not be limited to: Engineering plans depicting the existing site conditions, engineering plans depicting the proposed development project, a perimeter survey, certified jurisdictional limits of state or federal agencies including those related to freshwater wetlands, floodplains, preliminary suitability for individual septic disposal systems, public water systems, and connections to state roads.
(3)
Written comments and/or approvals of the department of public works and the town engineer.
(4)
Prior to approval of the preliminary plan, copies of all legal documents describing the property, proposed easements and rights-of-way.
(a)
Certification. The application shall be certified as complete or incomplete by the administrative officer within sixty (60) days.
(c)
Technical review committee. The technical review committee, if established, shall review the application and shall comment and make recommendations to the plan commission.
(d)
Public hearing. Prior to plan commission decision on the preliminary plan, a public hearing, which adheres to the requirements for notice described herein, 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 plan commission at preliminary plan approval.
(f)
Decision. A complete application for a major subdivision or development plan shall be approved, approved with conditions or denied within one hundred and twenty (120) days of the date when it is certified complete, or within such further time as may be consented to by the developer.
(g)
Failure to act. Failure of the plan commission to act within the period prescribed shall constitute approval of the preliminary plan and a certificate of the administrative officer as to the failure of the plan commission to act within the required time and the resulting approval shall be issued on request of the applicant.
(h)
Vesting. The approved preliminary plan shall be vested for a period of one (1) 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 plan 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.
Sec. 14-53. - Same—Public hearing and notice.#
(a)
[Public hearing required.] A public hearing 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.
(b)
Notice requirements. Public notice of the hearing shall be given at least fourteen (14) days prior to the date of the hearing in a newspaper of general circulation within the town. Notice shall be sent to the applicant and to each owner within the notice area, by certified mail, return receipt requested, of the time and place of the hearing not less than ten (10) days prior to the date of the hearing. Such notice shall also include the street address of the subject property, or if no street address is available, the distance from the nearest existing intersection in tenths (1/10's) of a mile.
(c)
Notice area.
(1)
[Abutting property.] All abutting property owners to the proposed development's property boundary shall receive notice, including those on an opposite side of the street from the subject land.
(2)
Watersheds. Notice shall be sent to the Providence Water Supply Board for any development within the Scituate Reservoir Watershed area.
(3)
Adjacent municipalities. Notice of the public hearing shall be sent by the administrative officer to the administrative officer of an adjacent municipality if:
a.
The notice area extends into the adjacent municipality;
b.
The development side extends into the adjacent municipality; or
c.
There is a potential for significant negative impact on the adjacent municipality.
(d)
Notice cost. The cost of all such notice shall be borne by the applicant.
Sec. 14-54. - Same—Final plan.#
(a)
Submission requirements.
(1)
The applicant shall submit to the administrative officer all the items required for final, including the mylar original record plat drawing, as well as all material required by the plan commission when the application was given preliminary approval; any state or federal permits required for construction.
(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 improvements for prior phases.
(b)
Certification. The application for final plan approval shall be certified complete or incomplete by the administrative officer within forty-five (45) days. If the administrative officer certifies the application as complete and does not require submission to the plan commission as per subsection (c) below, the final plan shall be considered approved.
(c)
Referral to the plan commission. If the administrative officer determines that an application for final approval does not meet the requirements set by these regulations or by the plan commission at preliminary approval, the administrative officer shall refer the final plans to the plan commission for review. The plan commission shall, within forty-five (45) days after the certification of completeness, or within such further time as may be consented to by the applicant, approve or deny the final plan as submitted.
(d)
Failure to act. Failure of the plan commission to act within the period prescribed shall constitute approval of the final plan and a certificate of the administrative officer as to the failure of the plan commission to act within the required time and the resulting approval shall be issued on request of the applicant.
(e)
Recording. The final approval of a major subdivision or land development project shall expire one (1) year from the date of approval unless, within that period, the plat or plan shall have been submitted for signature and recording. The plan commission may, for good cause shown, extend the period for recording for an additional period.
(f)
Validity of recorded plans. The approved final plan, once recorded, shall remain valid as the approved plan for the site unless and until an amendment to the plan or a new plan is approved by the plan commission.
Sec. 14-55. - Specifications of condition, design, layout and construction.#
In general, no proposed subdivision will be approved unless it meets the following specifications of condition, design, layout and construction: (1)
The land shall be suitable for residential use without danger to health and safety in the judgement of the Plan Commission.
(2)
Easements shall be provided, if required by the plan commission, for the installation and maintenance of utilities for storm or sanitary sewers and for drainage of surface water in places determined by the plan commission. All easements shall be twenty-five (25) feet in width and marked with granite bounds on both sides at any abutting property line. Where possible, easements shall have one boundary located on a lot line to contain the easement in one lot. Easements shall also be required to provide access to any cemeteries or public lands.
(3)
Street layout will be considered in relation to the existing street system and shall conform to such plans as the town may adopt.
(4)
Provision shall be made for the proper future projection of streets if the adjoining property is not at the time subdivided, and for the continuation of principal streets at the time then existing in adjoining property.
(5)
Streets shall intersect as nearly as possible at right angles but in no event at less than seventy-five (75) degrees; and where a deflection of ten (10) degrees or more along the center line of a street takes place it is to be accommodated by a curve of a minimum center line radius of two hundred (200) feet.
(6)
There shall be no reserved strips barring access to streets and each lot shall be provided by means of a street or way acceptable to the town with satisfactory access to an existing public highway.
(7)
Where a plat submitted covers only part of the subdivider's tract, the street system shall be so laid out as to be capable to future coordinated development with the remainder of said tract.
(8)
No street shall be less than fifty (50) feet in width, except at the discretion of the Plan Commission, the extension of a street not less than forty (40) feet in width within an existing subdivision made prior to the adoption of these rules and regulations, and such extension is confined within the boundaries of the original tract so partially subdivided. A greater width may be required for principal streets or streets which, in the opinion of the plan commission, may become principal streets. In general, residential streets of less than fifty (50) feet and principal streets of less than sixty (60) feet will not be approved.
(9)
Street corners shall be rounded by curves having a radius of not less than twenty (20) feet.
(10)
Dead-end streets shall have at the closed end thereof a turnaround area with a right-of-way diameter of one hundred twenty-four (124) feet and a paved surface area of one hundred (100) feet. Where a street ends at an adjoining property line, a "T" or an "L" shaped area shall be provided by easement or reservation, of such size as is approved by the superintendent of the department of public works until such time as the adjoining tract is developed and the street extended. Street grades within the turnaround area shall not exceed three (3) percent.
(11)
The extension of an existing street shall have the same name as the existing street. Names of other proposed streets shall be sufficiently different from any existing street name in the town to prevent confusion in identification, and shall comply with 911 requirements.
(12)
a.
No streets shall have a grade of less than one (1) percent nor more than eight (8) percent for major or principal streets, or more than ten (10) percent for minor streets.
b.
Where a change in vertical grade occurs a vertical curve with a minimum K value of forty (40) feet shall be introduced. Street grades within one hundred (100) feet of an intersection shall not exceed three (3) percent. Street grades within the turnaround area shall not exceed three (3) percent.
(13)
In group housing, commercial, business or industrial developments or districts, the block size and pattern must be designed to allow traffic to move with ease, and to provide inherent safety to pedestrians and inhabitants, and to further provide for adequate parking bays and adequate screening from adjoining residential areas.
(14)
a.
All lots shall front on a proposed or existing street and shall comply with the area and dimension requirements, as may be from time to time in effect, of the zoning ordinance of the town. Where special conditions exist as to drainage or percolation, or where the plan commission deems advisable for the protection of the water supply of the City of Providence, the plan commission may require larger lot areas than the minimum lot areas required by the zoning ordinance. At a minimum, all lots shall have sufficient building area so that all construction will be a minimum of one hundred (100) feet from any wetland.
b.
To provide that no more than twenty (20) lots shall be platted on one (1) plat at a time and that additional lots for plats containing twenty (20) or more lots shall not be approved until all streets and other required improvements for the existing portion of the plat have been satisfactorily completed.
(15)
Where strict adherence to the above specifications is not feasible due to special conditions of the land or other features of the subdivision, the plan commission may modify the same, provided that such modification is not contrary to the general intent of these regulations, and not in violation of any zoning ordinance which may be in effect at the time of the approval of such subdivision plat.
(16)
The plan commission shall always consider whether or not any proposed subdivision is likely to adversely affect the water, watershed or flowing rights of the water system of the City of Providence and shall impose such conditions or requirements as shall be necessary to protect such water, watershed or flowage rights.
(17)
The plan commission shall require the installation of water storage tanks for fire protection in areas where there are no hydrants. The number of tanks which may be required shall not exceed one (1) ten thousand-gallon tank for every twenty (20) house lots. Tanks shall meet the requirements of the fire engineering board.
(18)
Granite bounds shall be set at each change of angle in the street lines, the plat perimeter and along easements.
(19)
The plan commission shall require that all plats or subdivisions containing three (3) or more lots shall have a stormwater management system. Such system shall be designed by a registered professional engineer in the state and shall meet the following standards:
a.
A drainage analysis shall be prepared with computations indicating existing and proposed runoff volumes and peak flows based upon the two-year, ten-year, and the one hundred-year frequency storms.
b.
Peak discharge and runoff volumes shall be computed in accordance with the U.S.D.A. Soil Conservation Service Technical Release No. 55, with the latest revisions.
c.
The plan commission may require that the peak discharge after development from the two-year, ten-year, and the one hundred-year storms be no greater than that occurring before the development.
d.
Stormwater systems design and sediment and erosion control for the project shall be in compliance with the state department of environmental management "Stormwater Design and Installation Standards Manual" and the RIDEM/USDA SCS/RICC "Soil Erosion and Sediment Control Handbook" with latest revisions, amendments or supplements.
(20)
The plat and proposed house locations shall be designed to preserve natural features and vegetation whenever possible. Wherever existing stone walls must be disturbed, they shall be relocated to an acceptable location within the plat. The plan commission may require the installation of street trees where existing vegetation is deemed inadequate.
(21)
Subdivision standards for the floodplain district. All subdivision proposals and other proposed new development shall be reviewed to determine whether such proposals will be reasonably safe from flooding. If any part of a subdivision proposal or other new development is located within the floodplain district established under the zoning bylaw, it shall be reviewed to assure that:
a.
The proposal is designed consistent with the need to minimize flood damage;
b.
All public utilities and facilities, such as sewer, gas, electrical and water systems shall be located and constructed to minimize or eliminate flood damage;
c.
Adequate drainage systems shall be provided to reduce exposure to flood hazards; and
d.
Base flood elevation (the level of the one hundred-year flood) data shall be provided for proposals greater than fifty (50) lots or five (5) acres, whichever is the lesser, for that portion within the floodplain district.
Sec. 14-56. - Submission of plats to plan commission: Pre-application conference.#
The submission of a plat to the plan commission for a preapplication conference shall be done in conformity with the following rules and procedure: (1)
A sketch plan of the proposed subdivision must be submitted to the plan commission along with a completed application for land subdivision. The plan shall include all the information required in the preapplication checklist in Appendix A to this chapter.
(2)
The plan commission shall review the information submitted and give the applicant direction and suggestions as to the acceptability of the proposed subdivision. The plan commission may suggest revisions or alternatives which would make the subdivision more suitable to the town's planning goals and the public interest.
(3)
The plan commission shall not give approval or disapproval of any preapplication submission. The plan commission shall only provide an opinion as to the general conformance of the proposed subdivision with the rules and regulations.
Sec. 14-57. - Submission of plat to plan commission: Preliminary approval.#
The submission of a plat to the plan commission for preliminary approval shall be done in conformity with the following rules and procedures (five (5) plan sets): (1)
A preliminary plan of a proposed subdivision must be submitted to the plan commission. The applicant must give notice to the fire chief of the fire department which covers the area where the proposed subdivision is located, and to the superintendent of public works of the town advising him of the proposed locations of water holes and streets and drainage easements at least thirty (30) days before submission of the proposed subdivision to the plan commission.
(2)
Such preliminary plan may be drawn on paper, a computer plot, or may be a blue or white print, on as large a scale in multiples of ten (10) (from forty (40) minimum to one hundred (100) maximum feet to the inch) as can be accommodated by the standard plat card size of twenty-six (26) inches by thirty-eight (38) inches. A preliminary plan of the proposed subdivision submitted to the plan commission should be accompanied with a topographical map of the area and data of the subsoil conditions including the results of percolation tests and water table observations. The plan should also be accompanied by the recommendations of the state department of environmental management, individual sewage disposal section regarding the suitability of the subsoil conditions for the disposal of sewerage. The plan shall also be accompanied by a determination by the state department of environmental management, freshwater wetlands section regarding applicability under the Freshwater Wetlands Act.
(3)
Such preliminary plan shall contain adequate information as to dimensions and areas of lots, widths and intersecting angles of streets, to assist and enable the plan commission to properly consider the same to make suggestions for correction or revision deemed advisable. The acceptance of a preliminary plan shall not be binding and shall not entitle such plat to be recorded.
(4)
The preliminary plat shall be designed in accordance with the requirements of sections 14-55 and 14-58 and shall include all the information required by this section and the appropriate checklist contained in Appendix A to this chapter.
(5)
The plat and a petition for preliminary approval by the owner or owners thereof together with a filing fee of one hundred dollars ($100.00), plus thirty dollars ($30.00) for each lot, and five dollars ($5.00) for each name on the list of abutting owners, shall be deposited with the town clerk not more than thirty (30) days nor less than twenty (20) days before a regularly scheduled meeting of the plan commission, and such plat shall be in order for hearing upon such meeting. Thereupon, the town clerk, on behalf of the plan commission, shall give notice of the time and place of such hearing to the applicant, to the Providence Water Supply Board if the plat is within the watershed of the Scituate Reservoir, and to each abutting owner by certified mail not less than fourteen (14) days (excluding Sundays and holidays) before the date fixed thereof. The town clerk shall publish in a newspaper of general circulation in the town, a notice of the date and time of the hearing together with the name of the owner and a location of the proposed subdivision not less than ten (10) days before the hearing, and the applicant shall be responsible for the costs thereof.
Sec. 14-58. - Submission of plat to plan commission: Final approval.#
The submission of a plat to the plan commission for final approval shall be done in conformity with the following rules and procedure: (1)
The plat shall be drawn in black India ink (or suitable computer plot) upon mylar on as large a scale in multiples of ten (10) (from forty (40) minimum to one hundred (100) maximum feet per inch) as can be accommodated by the standard plat card size of twenty-six (26) inches by thirty-eight (38) inches containing, within those outside dimensions, a marginal space of one (1) inch around the same. If the size of the plat is such that, at a scale of forty (40) feet per inch, it can be accommodated by one-half (½) the standard plat card size, to wit: nineteen (19) inches by twenty-six (26) inches, the same is permitted.
(2)
Five (5) white print copies of such tracing shall accompany the plat.
(3)
Orientation of the plat shall be such that north will be at the top or left of the sheet.
(4)
The plat shall contain the subdivision name, location, north point, date, scale, name of owner and name and number of the surveyor or engineer who laid out and drew the same. A statement by a registered land surveyor shall be included on the final plat certifying the perimeter of the plat has been surveyed, closed and is correct.
(5)
The outside boundary of the tract being subdivided, determined by surveying in the field, shall be marked by courses and distanced on the plat; any existing bounds found shall be shown thereon, as well as any existing water courses, easements and rights-of-way. There shall also be drawn on the plat such contour lines as may be required by the plan commission after examination of the premises covered by such plat.
(6)
The plat shall show all existing and proposed lines of streets, ways, lots, easements and public areas within the same, together with sufficient data by reference to permanent bounds to determine readily the location, bearing and length of every street and way line, lot line and boundary line and cemetery, and to reproduce same to the ground.
(7)
The plat shall also show the location of all fences, walls, wetlands, permanent monuments, existing buildings and other physical features in or within sixty (60) feet of the subdivision.
(8)
Plans and profiles of the proposed streets, on a horizontal scale of one (1) inch equals forty (40) feet and a vertical scale of one (1) inch equals four (4) feet (unless otherwise authorized) shall be drawn on the same sheet as the plat if space is suitable, or may be drawn on separate mylar of same dimensions as the plat sheet.
(9)
Plans and profiles shall bear names of the proposed streets in pencil only until after such names, or others substituted therefor, have been approved by the plan commission.
(10)
The plat shall also show the ownership and location of all abutting property as determined by the most recent records of the tax assessor, and a separate list of the names and addresses of such abutting owners shall be submitted with the plat.
(11)
There shall also be submitted with the plat a statement by the owner of the proposed subdivision that if the plat be approved, he intends to proceed with the construction and improvement of the streets, ways, public areas, utilities (if any) and drainage facilities in accordance with the plans and profiles submitted and the minimum requirements therefor herein set forth, and that he agrees to file a performance bond to ensure the completion thereof within two (2) years thereafter.
(12)
There shall also be submitted with the plat a statement by the surveyor or engineer that, in his opinion, the proposed subdivision is designed in accordance with, and meets the requirements of these rules and regulations.
(13)
There shall also be submitted with the plat approval from the state department of environmental management for any proposed alterations of wetlands or a determination that the Wetlands Act does not apply.
(14)
a.
In accordance with the provisions of Chapter 23 of General Laws and after compliance with the requirements of subsection (15) of this section 14-58, the plan commission shall within forty-five (45) days of the conclusion of the hearing required by subsection (15), unless such time shall be extended by agreement of the plan commission and the applicant, approve, modify and approve or disapprove a plat so submitted. If approved, the plan commission shall, before permitting the plat to be recorded, require the filing of a performance bond in an amount and with such surety or sureties and conditions as shall be satisfactory to the plan commission to assure the completion of the improvements and the installation of such facilities as shall be required, within a period of two (2) years of the recording of such plat.
b.
Furthermore, prior to recording, the applicant shall pay an inspection fee of two (2) percent of the required performance bond. No certificate of occupancy for any building in the subdivision shall be issued prior to the installation and approval of the binder course of pavement as required in the plan commission's final approval of the subdivision plat.
c.
Furthermore, no building permit shall be issued for the final ten (10) percent of the lots in a subdivision, or if ten (10) percent be less than two (2), for the final two (2) lots in a subdivision, until all public improvements required by the plan commission have been fully completed and dedicated to the town.
(15)
The plat and a petition for final approval by the owner or owners thereof together with a filing fee of one hundred dollars ($100.00), plus thirty dollars ($30.00) for each lot, and five dollars ($5.00) for each name on the list of abutting owners, hereinabove referred to, shall be deposited with the town clerk not more than thirty (30) days nor less than twenty (20) days before a regularly scheduled meeting of the plan commission. Such plat shall be in order for hearing at such meeting. Thereupon, the town clerk, on behalf of the plan commission, shall give notice of the time and place by certified mail not less than ten (10) days (excluding Sundays and holidays) before the date fixed thereof. The town clerk shall publish in a newspaper of general circulation in the town, a notice of the date and time of the hearing together with the name of the owner and a location of the proposed subdivision not less than ten (10) days before the hearing, and the applicant shall be responsible for the costs thereof.
(16)
A record shall be kept at the town clerks's office of the time of filing such petition and plat, and such petition and plat together with supporting material shall be available for public inspection at such office during the regular hours thereof.
Sec. 14-59. - Residential compounds.#
Plan commission—Submission requirements. (1)
Date of zoning board approval for special exception, list any conditions granted or required.
(2)
Existing plat and lot number, lot area and property lines.
(3)
Proposed new lot lines, lot area, rights-of-way, lot dimensions and building setback lines.
(4)
Edge of wetlands and wetland area.
(5)
Delineation of open space area.
(6)
Location of existing structures, wells, I.S.D.S., driveways, etc., if applicable.
(7)
Ground water test pipes and percolation holes, existing or proposed.
(8)
Existing easements, rights-of-way.
(9)
Proposed driveway locations/access, noted as "private way"; name of proposed access lane to Town Road; provide note stating that no town services will be provided.
(10)
Existing and proposed contours/elevations, as available or required.
(11)
Driveway construction details, including width, (curvatures), stripping depth, base and surface treatment.
(12)
Statement that no further subdivision or division of this land will be allowed.
(13)
Surveyors/engineers stamp and signature, with reference to any previous surveys, recordings or deed information.
(14)
Provide a sample or preliminary copy of the proposed deeds, describing rights-of-way, access, open space, etc.
Sec. 14-60. - Representation by counsel; transcripts.#
At any hearing, the applicant or other party in interest, shall be entitled to be represented by counsel and shall also be entitled to have a stenographic transcript of the proceedings thereat, upon making application for the same and guaranteeing the cost thereof by a deposit of such estimated cost or other means to the satisfaction of the town clerk. In the event that such a transcript is requested, a copy thereof shall be furnished to the plan commission without charge and any other party interested shall be entitled to purchase a copy thereof at cost.
Sec. 14-61. - Improvements in subdivisions.#
(a)
The applicant shall be required to maintain all improvements within the subdivision, whether on individual lots or on land intended for snow removal if required, until acceptance of such improvements by the town. If there are any certificates of occupancy on a street not dedicated to the town, the town public works department may plow the street or effect emergency repairs and charge the same to the subdivider. The subdivider shall be required to file a maintenance bond with the plan commission prior to dedication, in an amount considered adequate by the plan commission, to assure the satisfactory condition of the required improvements for a period of one (1) year after the date of their dedication to the town.
(b)
Upon completion of the improvements, the applicant shall provide the plan commission with an "as built" plan of all underground improvements, including wires, pipes and drainage pipes.
Sec. 14-62. - Recording a section of plat.#
Should a subdivider desire to record only a section of plat of land, the requirements regarding the development of improvements on plats shall apply only to the section to be recorded, provided, however, that the preliminary plat shall show the layout of the entire tract of land to be subdivided.
Sec. 14-63. - Penalties.#
(a)
Warning sign in clerk's office. The town clerk shall post the following sign in his office:
WARNING Grantors (sellers of unplatted land): If you are conveying land not designated as a lot on a recorded subdivision plat, you may be in violation of state statute or town ordinances.
Grantees (purchasers of unplatted land): If you are purchasing land not designated as a lot on a recorded subdivision plat, you may be denied a building permit if the conveyance is in violation of state statute or town ordinance.
(b)
Penalty for sale of land in approved subdivisions—Injunction. Whoever, being the owner, or agent of the owner, of any land within a subdivision transfers, sells, or negotiates to sell any land by reference to or exhibition of or by other use of a plat of the subdivision before the plat has been approved by the plan commission and has been recorded, shall be subject to a penalty of one hundred dollars ($100.00) for each lot so transferred, sold or negotiated for sale, and the description of the lot by metes and bounds in the instrument of transfer or other document used in the process of transferring or selling shall not except the transaction from the penalties or from the remedies herein provided. The town may enjoin the transfer or sale or agreement by action for injunction brought in the superior court for the county or may recover the penalty by an action of the case in any court of competent jurisdiction or may pursue both of the remedies.
Sec. 14-64. - Appellate body.#
Pursuant to Section 45-23-14 of the General Laws, the zoning board of review of the town is hereby designated as the board of review for appeals from actions of the plan commission as provided in Section 45-23-14 through 45-23-20 of the General Laws.