The text
Sec. 23-86. - Required findings.#
a.
For all administrative, minor and major development or subdivision applications, the planning board shall make positive findings on the following standard provisions, as part of the record of the proposed project prior to its approval:
1.
The proposed development is consistent with the town comprehensive plan and/or has satisfactorily addressed the issues where there may be inconsistencies;
2.
The proposed development is in compliance with the standards and provisions of the town zoning ordinance or has obtained relief from the same, or another provision of this chapter that exempts compliance with a specific provision or standard;
3.
There will be no significant negative environmental impacts from the proposed development as shown on the final plan, with all required conditions for approval;
4.
The proposed development, will not result in the creation of individual lots/areas/parcels with such physical constraints to development that building on those lots/areas/parcels in accordance with pertinent regulations and building standards would be impracticable, unless such lots/areas/parcels are identified as permanent open space or are to be permanently reserved for a public purpose on the approved recorded plans; and
5.
All proposed land developments and all subdivision lots have adequate physical and permanent physical access to a public street. Physical access by means of an easement across adjoining property or lot frontage on a public street without physical access from required street frontage shall not be considered in compliance with this requirement unless specifically provided for under these regulations (see article VIII, Rural Residential Developments).
b.
Except for administrative subdivisions, findings of fact must be supported by legally competent evidence on the record which discloses the nature and character of the observations upon which the fact finders acted.
c.
Minor subdivisions subject to administrative review and approval only, as set forth in G.L. § 45-23-38(a)(2) shall only be subject to the standard provisions set forth in subsections a.1., a.2. and a.5. of this section.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-87. - Planning board records and proceedings.#
a.
All records of the planning board proceedings and decisions shall be written and kept permanently available for public review. Completed applications for proposed land development and subdivision projects under review by the planning board shall be available for public review.
b.
All final written comments to the planning board from the administrative officer, the technical review committee if established, municipal departments and local boards and commissions, and state and federal agencies, shall be part of the permanent record of the development application.
c.
All votes of the planning board shall be made part of the permanent record and shall show the members present and their votes. A decision by the planning board to approve any land development or subdivision application requires a vote for approval by a majority of planning board members present at the time of the vote. A decision by the planning board to approve a variance or special use permit pursuant to any adopted unified development review regulations requires a vote for approval by a majority of the planning board members that were present at the public hearing at which the request was heard.
d.
Participation in a planning board meeting or other proceedings by any party shall not be a cause for civil action or liability except for acts not in good faith, intentional misconduct, knowing violation of law, transactions where there is an improper personal benefit, or malicious, wanton or willful misconduct.
e.
Where a property owner is not representing his or herself, either a notarized letter from the property owner to the planning board stating that the applicant has been given the specific authority to represent the owner in the matter before the board, or a notarized copy of a purchase and sales agreement between the owner and the applicant, shall be submitted to the board.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-88. - Waivers and modifications.#
a.
The planning board shall have the power to grant such waivers and/or modifications from the requirements for land development and subdivision approval as may be reasonable and within the general purposes and intents of these regulations. Such waivers and/or modifications shall be granted only when the planning board determines that:
1.
The literal enforcement of one or more provisions of these regulations is impracticable and will exact undue hardship because of peculiar conditions pertaining to the land in question; or
2.
Where such waiver and/or modification is in the best interest of good planning practice and/or design as evidenced by consistency with the comprehensive plan and the Tiverton zoning ordinance.
b.
The planning board may waive certain applicable requirements for approval of a subdivision involving only the creation of a lot or lots which are to be used for permanent open space or conservation purposes. The requirements to be waived are lot dimension and frontage as required by the town zoning ordinance, and/or application, review and approval procedures otherwise required by these regulations. The waivers may be granted by the planning board, subject to the following conditions:
1.
The plan prepared shall meet the submission requirements of an administrative subdivision as detailed in Checklist A - Administrative Subdivision.
2.
A restriction against further development and any other conditions related to use and maintenance of the property shall be noted on the plan and included on the property deed.
3.
There shall be some means of providing physical access to the property.
c.
The planning board may waive requirements for development plan approval, should such regulations be enacted as part of the Tiverton zoning ordinance under the provisions of section 45-24-49 of the Rhode Island Zoning Enabling Act of 1991 (G.L. 1956, § 45-24-49), where there is a change in use or occupancy and no extensive construction of improvements is sought. The application for a waiver of development plan approval review shall include documentation, as required by the planning board, on prior use of the site, the proposed use and its impact. The waiver may be granted only by a decision by the planning board finding that:
1.
The use will not affect existing drainage, circulation, relationship of buildings to each other, landscaping, buffering, lighting and other considerations of development plan approval; and
2.
The existing facilities do not require upgraded or additional site improvements.
d.
The planning board shall approve, approve with conditions or deny the request for either a waiver or modification as described in the subsections above, according to the requirements of section 23-46.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-89. - Reinstatement of applications.#
a.
When an applicant has exceeded a deadline established by these regulations for submission of material at any stage of review for a land development or subdivision project, or for signature and recording of plans and plats following final approval under the provisions of section 23-90 below, thereby rendering an application or any previous approval invalid, the application may be reinstated by the planning board under the following conditions:
(1)
The content of these regulations, and of all other local, state or federal regulations or guidelines applicable to the project, are substantially the same as at the time of the previous approval;
(2)
The zoning designation of the proposed development parcel has remained the same;
(3)
The physical conditions of the proposed development parcel are substantially the same as at the time of the previous approval;
(4)
The proposed development is consistent with the Tiverton comprehensive plan, including all amendments thereto; and
(5)
All permits from applicable state and/or federal agencies remain valid.
b.
Any applicant or developer seeking reinstatement of a previously approved development project for which the approval has expired shall make such a request in writing to the planning board. A reinstatement of an application may be allowed by the board within the following time periods:
(1)
One year from the expiration date of the approval of an administrative subdivision, as defined in section 23-19.
(2)
One year from the expiration date of the last approval of a minor or a major land development or subdivision project, as defined in section 23-25 and section 23-35, respectively; such reinstatement shall be at the stage of the review process where said last approval was received.
c.
If an application is approved for reinstatement by the planning board, the applicant shall submit payment of an additional application fee.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-90. - Recording and filing of approved plans and plats.#
a.
All approved final plans and plats for land development and subdivision projects shall be signed by the planning board chairman, attesting to the approval by the planning board with the date of said approval.
b.
One copy of the final plan or plat, printed on mylar sheets no larger than 18 inches by 24 inches, shall be recorded in the land evidence records by the town clerk, unless advised in writing to the contrary by the applicant. The material to be recorded for all plans and plats shall include all pertinent plans with notes thereon concerning all the essential aspects of the approved project design, the implementation schedule, special conditions placed on the development by the town, permits and agreements with state and federal reviewing agencies, and other information as required by the planning board. The town clerk shall not accept for recording any subdivision plat which is not endorsed and signed by the planning board chairman.
c.
Additional paper copies of the approved final plan or plat shall be distributed as follows:
(1)
One copy of the endorsed plan or plat shall be forwarded to the applicant.
(2)
One copy each shall be forwarded to the tax assessor's office and the fire chief.
(3)
Two copies of the entire approved set of drawings shall be submitted to the director of public works.
(4)
One copy of the entire final approved set of drawings, each sheet endorsed and signed by the planning board chairman, shall be kept in the permanent records of the planning board.
d.
Additional electronic copies of the approved final plan or plat marked "for reference only" shall be provided by the applicant and distributed as follows:
(1)
One copy in a portable document format (PDF) shall be forwarded to the town planner, tax assessor, and the statewide "911" emergency authority.
(2)
One copy in a computer aided design format such a AutoCAD shall be forwarded to the town planner and tax assessor.
e.
All final plans, as well as other parts of the application record for subdivisions and land development projects, including all meeting records, approved master and preliminary plans, site analyses, impact analyses, all legal agreements and records of the public hearing, shall be kept permanently in the records of the planning board.
f.
The administrative officer shall notify the statewide "911" emergency authority and the local police and fire authorities servicing any new development or plat, with the information required by each of the authorities.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-91. - Changes to recorded plans and plats.#
a.
For all changes to the approved plans of land development or subdivision projects subject to these regulations, an amendment of the final development plans is required prior to the issuance of any building permits. Any changes approved in the final plan shall be recorded as amendments to the final plan, in accordance with the procedure established for recording of plats in section 23-90.
b.
Minor changes to a recorded land development or subdivision plan may be approved administratively, by the administrative officer. The changes may be authorized without an additional planning board meeting, to the extent applicable, at the discretion of the administrative officer. All changes shall be made part of the permanent record of the project application. This provision does not prohibit the administrative officer from requesting recommendations from either the technical review committee or the planning board. Denial of the proposed change(s) shall be referred to the planning board for review as a major change. Minor changes include the following:
1.
Amendments to utility plans which are acceptable to the public works director, planning board consulting engineer and to the appropriate utility company;
2.
Lot line revisions which can be reviewed and approved as an administrative subdivision;
3.
Amendments to grading plans or drainage plans which are acceptable to the public works director and planning board consulting engineer which do not require approval of any state or federal reviewing authorities;
4.
Amendments to construction plans which are required because of unforeseen physical conditions on the parcel being subdivided;
5.
Modifications to any construction plans for off-site improvements which are acceptable to the public works director; or
6.
Modifications which are required by outside permitting agencies such as, but not limited to, the state department of environment management, the coastal resources management council, and the state department of transportation.
c.
Major changes to a recorded land development or subdivision plan may be approved only by the planning board and must include a public hearing, which shall follow the same process required for approval of preliminary plans as described in appendix B, Land Development and Subdivision Regulations, article IV, section 23-14 and article VII, sections 23-31 and 23-32. The administrative officer shall notify the applicant in writing within 14 days of submission if the administrative officer determines the change to be a major change of the approved, recorded plans. For the purpose of these regulations, the term "major changes" shall mean changes which, in the opinion of the administrative officer, are clearly contrary to the intent of the original approval. Such major changes shall include, but are not necessarily limited to, the following:
1.
Changes which would have the effect of creating additional lots or dwelling units for development;
2.
Changes which would be contrary to any applicable provision of the zoning ordinance or which require a variance or special use permit from the zoning commission of review; or
3.
Changes which may have significant negative impacts on abutting property or property in the vicinity of the proposed subdivision or land development project.
d.
Rescission procedure. The planning board, only upon application by all landowners of the plat to be affected, may determine that an application for plat rescission is not consistent with the comprehensive plan and is not in compliance with the standards and provisions of the town zoning ordinance and/or these regulations, and shall hold a public hearing which adheres to the requirements of section 23-14. The planning board shall approve, approve with conditions or modifications, or deny the application for rescission of the plat according to the requirements of section 23-46. If it is necessary to abandon any street, the planning board shall submit to the town council the documents necessary for the abandonment process. Once the required process for rescission, or for rescission and street abandonment, has been completed, the revised plat shall be signed and recorded in accordance with section 23-90.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-92. - Phasing of projects.#
a.
The planning board may provide for the review of preliminary and final plans, and the construction of major land developments and subdivisions, in phases. When development phasing occurs under these regulations, the following is required:
(1)
Approval of the entire site design first as a master plan; thereafter the development plans may be submitted for preliminary and/or final review and/or approval by phase(s).
(2)
General standards and regulations for determining physical limits of phases, completion schedules, and guarantees; for allowing progression to additional phases; for interim public improvements or construction conditions; and for changes to master or preliminary plans.
(3)
Other provisions as necessitated by local conditions.
b.
The master plan documents shall contain information on the physical limits of the phases, the schedule and sequence of public improvement installation, improvement guarantees, and the work and completion schedules for approvals and construction of the phases.
c.
The master plan shall remain vested as long as it can be proved, to the satisfaction of the planning board, that work is proceeding on either the approval stages or on the construction of the development as shown in the approved master plan documents. Vesting shall extend to all information shown on the approved master plan documents.
d.
Progression to additional phases during construction shall only be allowed following the completion of all public improvements for the prior and/or initial phase with the exception of the top coat for all roads. In no case shall the surety (see article XII, Public Improvements and Guarantee of Performance) for one phase be exchanged for a successive phase.
e.
Application fees for phased projects may be assigned at the master plan or at each phase of the project, based upon the number of lots or units, as defined in the current fee schedule adopted by the town council, for which approval is currently being sought.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-93. - Issuance of building permits.#
A building permit may be issued only for construction on a lot or parcel of land, which is shown on a recorded plat or deed. No building permit shall be issued for a new structure on any lot/assigned area/parcel in a land development or subdivision until all drainage, utilities, including public or private potable water, and a roadway binder course for the required frontage of the lot/assigned area/parcel have been installed and inspected pursuant to articles XI and XII.
(Reg. No. 2026-1, 1-6-26)