The text
Sec. 23-26. - Classification of applications.#
Any applicant intending to undertake a land development or subdivision project in the Town of Tiverton shall file an appropriate application with the planning board.
The administrative officer shall advise the applicant as to which category of approval is required for a project. An applicant shall not be required to obtain both land development review and development plan review for the same project. The following categories of applications may be filed: 1.
Subdivisions. Administrative subdivisions, minor subdivisions, or major subdivisions;
2.
Land development projects. Minor land development or major land development; and
3.
Development plan review.
All subdivisions and/or land development projects that result in the creation of four or more units or lots are subject to the provisions of Article XVII, Conservation Development, of these regulations and shall further comply with the requirements set forth therein.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-27. - Required checklists and forms.#
a.
Relevant checklists for each stage of review are identified below. These checklists shall be used to identify the required materials for submission for the corresponding application type. The applicable checklists are:
1.
Checklist A - Administrative Subdivision
2.
Checklist B - Pre-application (all application types)
3.
Checklist C - Minor Preliminary Plan (subdivision and land development)
4.
Checklist D - Minor Final Plan (subdivision and land development)
5.
Checklist E - Major Master Plan (subdivision and land development)
6.
Checklist F - Major Preliminary Plan (subdivision and land development)
7.
Checklist G - Major Final Plan (subdivision and land development)
8.
Checklist H - Preliminary Plan Development Plan Review
9.
Checklist I - Final Plan Development Plan Review
10.
Checklist J - Comprehensive Permit Supplemental Checklist
11.
Checklist K - Site Analysis Map
12.
Checklist L - Environmental Review Statement
13.
Checklist M - As-Built Drawing (all application types)
b.
Each application requires a filled-out checklist to be provided as part of the application submission. An application will not be considered submitted for the purposes of commencing the review period until a digital submission and two paper copies of the same are submitted along with a filled out and signed checklist along with the required application materials.
c.
Relevant forms are identified herein. These forms shall be used when applicable to supplement and support application materials. The applicable forms are as follows:
1.
Form A - Application Cover Sheet (all application types)
2.
Form B - Owner Authorization Form (all application types)
3.
Form C - Comprehensive Permit Application Supplement
4.
Form D - Engineer Escrow Fee Schedule
d.
All checklists and forms are available on the Town of Tiverton Website, the online application portal, and through the Planning Department. Checklists and forms are amended from time to time as necessary by the Planning Board or Planning Department.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-28. - Waiver of checklist items.#
a.
The Planning Board is authorized to grant waivers from the requirements listed within a checklist for any particular stage of review. The waiver may come in the form of a modification of the requirement, a dismissal of the requirement entirely, or as a deferment for submission to a future stage of review.
b.
The grounds for a waiver of a checklist item, per G.L. § 45-23-62, are where the literal enforcement of one or more provisions of the regulations are impracticable and will exact undue hardship because of peculiar conditions pertaining to the land in questions or where the waiver is in the best interest of good planning practice and/or design as evidenced by consistency with the comprehensive plan and zoning ordinance.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-29. - Certification of completeness.#
a.
An application shall be complete for purposes of commencing the applicable time period for action when so certified by the administrative officer. Every certification of completeness required by this chapter shall be in writing. In the event the certification of the application is not made within the time specified in this chapter for the type of plan, the application is deemed complete for purposes of commencing the review period unless the application lacks information required for these applications as specified in the local regulations and the administrative officer has notified the applicant, in writing, of the deficiencies in the application. See Administrative Subdivision, article V; Minor Subdivision, article VI; Major Subdivision, article VII; Unified Development Review, article XV; Development Plan Review, article XVI; and appendix A, Zoning, Low and Moderate Income Housing, article XXI.
b.
Notwithstanding subsection (a) above, the planning board 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 of completeness, as is necessary to make an informed decision.
c.
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 planning board determines that the required application information is complete.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-30. - Preapplication conference.#
a.
A pre-application conference may be one or a series of informal meetings at which an informal concept plan review is conducted. Its purpose is to facilitate the subsequent review of a proposed development or subdivision. The meetings provide early planning board involvement and serve as a forum for sharing project information and discussing site opportunities, constraints and various design concepts. At least one pre-application conference/informal concept plan review shall be held for all major land development or subdivision projects. An applicant may request an informal concept plan review for those projects where it is not required.
b.
Pre-application meetings will allow the applicant to meet with relevant town officials, boards, commissions, and staff and, where appropriate, officials from other towns and state agencies. The applicant will receive advice as to the required steps in the approval process, and the pertinent local plans, ordinances, regulations, procedures, and standards that may be applicable to the proposed development. At the discretion of the planning board, the pre-application conference may be combined with a site visit.
c.
A rural residential development alternative plan (see article VIII of these regulations) must be submitted as part of the informal concept plan review for all major subdivisions. Rural residential developments are required for residential subdivisions in the watershed protection overlay district (see article VIII of the town zoning ordinance).
d.
Requirements for a Pre-application meeting are detailed in Checklist B - Pre-application (all application types). Concept plan alternatives showing proposed lots, roads and areas of open space may be submitted at the initial meeting. These concept plans must be at the same scale as the site analysis map detailed in attachment 3, and designed to maximize protection of the character-defining features identified as part of the site analysis.
e.
A summary of the discussion occurring at the pre-application conference will be included in the planning board minutes and, along with any materials received, made part of the record. The results of the pre-application conference shall not be considered approval of a project or its elements.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-31. - Public hearing and notice requirements.#
a.
A public hearing shall be required for any major land development or subdivision project, or for any minor land development or subdivision project involving the extension or creation of a street. A public hearing shall also be required for a unified review, formal development plan review, to review major changes to recorded plans, to review major changes to plans approved at any stage, and as otherwise may be required by appendix B, Land Development and Subdivision Regulations.
b.
Public notice of the hearing shall be given at least 14 days prior to the date of the hearing in a newspaper of local circulation within the Town of Tiverton following the municipality's usual and customary practices for this kind of advertising.
c.
The same notice as that published in a newspaper of local circulation shall be posted in the Town of Tiverton's Clerk's office and one other municipal building in the municipality and the notice shall be made accessible on the Town of Tiverton's home page of its website at least 14 days prior to the hearing.
d.
Notice of the hearing shall be sent by first class mail, at least 14 days prior to the hearing, to any individual or entity holding a recorded conservation or preservation restriction on the property that is the subject of the application.
e.
Notice of the hearing shall be sent by first class mail, not less than ten days prior to the date of the hearing, to the following:
1.
The applicant and to each owner within 200 feet of the perimeter of the real property proposed for development or subdivision.
2.
The city or town planning board of any municipality where there is a public or quasi-public water source, or private water source that is used or is suitable for use as a public water source, located within 2,000 feet of the real property that is the subject of the proposed land development or subdivision project.
3.
The governing body of any state or municipal water department or agency, special water district, or private water company that has riparian rights to a surface water resource and/or surface watershed that is used or is suitable for use as a public water source, located within 2,000 feet of any real property that is the subject of the proposed land development or subdivision project, provided, however, that a map survey has been filed with the building official as specified in article XIX, section 4.d, of the Tiverton Zoning Ordinance.
4.
The administrative officer of an adjacent municipality: (1) if the 200 feet radius of the perimeter of the real property proposed for development or subdivision area extends into the adjacent municipality; (2) if the development site extends into the adjacent municipality; or (3) if there is a potential for significant negative impact on the adjacent municipality.
f.
The notice shall provide at a minimum the time, date and place of the hearing as well as the street address of the subject property, or if no street address is available, the distance from the nearest existing intersection in tenths of a mile.
g.
Notice cost. The cost of all newspaper and mailing notices shall be borne by the applicant.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-32. - Precedence of approvals.#
a.
Where an applicant requires both planning board approval under the provisions of these regulations, and either a special use permit or a variance under the applicable provisions of the Tiverton zoning ordinance, the applicant shall first obtain an advisory recommendation from the planning board, as well as conditional planning board approval for the first approval stage for the proposed project, which may be simultaneous, then obtain conditional relief from the zoning board of review, and then return to the planning board for subsequent required approval(s).
b.
Where an applicant requires both planning board approval under the provisions of these regulations, and approval from the Tiverton Town Council for a zoning ordinance or zoning map change, the applicant shall first obtain an advisory recommendation on the zoning change from the planning board, as well as conditional planning board 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 board for subsequent required approval(s).
(Reg. No. 2026-1, 1-6-26)