ARTICLE VII. - MAJOR LAND DEVELOPMENT OR SUBDIVISION
Part of the Code of Ordinances of Tiverton, RI.
The text
Sec. 23-61. - General requirements and review procedure.#
a.
Major plan review shall be required of all applications for land development and subdivision approval subject to these regulations, unless classified as an administrative subdivision or as a minor land development or a minor subdivision.
b.
Stages of review. Major land development and major subdivision review consists of three stages of review, master plan, preliminary plan and final plan, following the article IV, section 23-30, pre-application meeting(s). If at least one preapplication meeting has been held, or if 60 days have elapsed from the filing of the preapplication and no preapplication meeting has been scheduled to occur within those 60 days, the application may proceed under the provisions of this article. Also required is a public hearing at the master plan stage of review or, if combined, at the first stage of review.
c.
The administrative officer may combine review stages and to modify, but only the planning board may waive submission requirements as specified in appendix B, Land Development and Subdivision Regulations, article IX, sections 23-88 and 23-89 (see also G.L. § 45-23-62). Review stages may be combined only after the administrative officer determines that all necessary requirements have been met by the applicant or that the planning board has waived any submission requirements not included by the applicant.
d.
Changes to plans during the major plan review process.
1.
Minor changes to the plans approved at any stage of the major plan review process 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:
a.
Amendments to utility plans which are acceptable to the public works director, planning board consulting engineer and to the appropriate utility company;
b.
Lot line revisions which can be reviewed and approved as an administrative subdivision;
c.
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;
d.
Amendments to construction plans which are required because of unforeseen physical conditions on the parcel being subdivided;
e.
Modifications to any construction plans for off-site improvements which are acceptable to the public works director; or
f.
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.
2.
Major changes to the plans approved at any stage may be approved only by the planning board and must include a public hearing with notice to abutters within 200 feet of the perimeter of the property at least 14 days prior to the hearing. The administrative officer shall notify the applicant in writing within 14 days of submission of the plan application if the administrative officer determines the change to be a major change of the approved plans. Major changes include all those which are not deemed minor as well as the following:
a.
Changes which would have the effect of creating additional lots or dwelling units for development;
b.
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 board of review; or
c.
Changes which may have significant negative impacts on abutting property or property in the vicinity of the proposed subdivision or land development project.
e.
Appeal. Decisions under this article shall be considered an appealable decision pursuant to appendix B, Land Development and Subdivision Regulations, article XIII (see G.L. § 45-23-71).
(Reg. No. 2026-1, 1-6-26)
Sec. 23-62. - Master plan submission requirements.#
a.
The applicant shall first submit to the administrative officer the items required by Checklist E - Major Master Plan (subdivision and land development).
b.
Requirements for the master plan and supporting material for this phase of review include, but are not 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 coastal zone boundaries, the floodplains, as well as the proposed design concept, proposed public improvements and dedications, tentative construction phasing; and potential neighborhood impacts, as required by Checklist E.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-63. - Master plan review procedure.#
a.
The application must be certified, in writing, complete or incomplete by the administrative officer within 25 days of the submission, according to the provisions of G.L. § 45-23-36(b), so long as a completed Checklist E is provided with the submission. The running of the time period set forth herein will be deemed stopped upon the issuance of a certificate of incompleteness of the application by the administrative officer and will recommence upon the resubmission of a corrected application by the applicant. However, in no event will the administrative officer be required to certify a corrected submission as complete or incomplete less than ten days after its resubmission.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-64. - Decision of the board—Master plan.#
a.
Decision. The planning board shall, within 90 days of certification of completeness, or within a further amount of time that may be consented to by the applicant through the submission of a written waiver, approve of the master plan as submitted, approve with changes and/or conditions, or deny the application, according to the requirements of appendix B, Land Development and Subdivision Regulations, article IX, sections 23-45 and 23-46 (See G.L. §§ 45-23-60 and 45-23-63).
b.
Failure to act. Failure of the planning board to act within the prescribed period constitutes approval of the master plan, and a certificate of the administrative officer as to the failure of the planning board to act within the required time and the resulting approval will be issued on request of the applicant.
c.
Vesting.
1.
The approved master plan is vested for a period of two years, with the right to extend for two, one-year extensions upon written request by the applicant, who must appear before the planning board for the annual review. Thereafter, vesting may be extended for a longer period, for good cause shown, if requested by the applicant, in writing prior to expiration of the vesting period, and approved by the planning board. Master plan vesting includes the zoning requirements, conceptual layout, and all conditions shown on the approved master plan drawings and supporting materials.
2.
The initial four year vesting for the approved master plan constitutes the vested rights for the development as required in G.L. § 45-24-44.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-65. - Preliminary plan submission requirements.#
a.
The applicant shall first submit to the administrative officer the items required by Checklist F - Major Preliminary Plan (subdivision and land development).
b.
Requirements for the preliminary plan and supporting materials for this phase of the review include, but are not limited to: engineering plans depicting the existing site conditions, engineering plans depicting the proposed development project, and a perimeter survey, as included on Checklist F.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-66. - Preliminary plan review procedure.#
a.
Certification of completeness. The application will be certified as complete or incomplete by the administrative officer within 25 days so long as a completed Checklist F is provided with the submission. The running of the time period set forth herein will be deemed stopped upon the issuance of a certificate of incompleteness of the application by the administrative officer and will recommence upon the resubmission of a corrected application by the applicant. However, in no event shall the administrative officer be required to certify a corrected submission as complete or incomplete less than ten days after its resubmission.
b.
Comments and permits.
1.
At the preliminary plan review phase, the administrative officer shall solicit final, written comments and/or approvals of the department of public works, the Tiverton engineer, the Tiverton solicitor, and other local government departments, board and commissions, or authorities as appropriate.
c.
Variance and/or special use. If the applicant is requesting alteration of any variances and/or special-use permits granted by the planning board at the master plan stage of review pursuant to adopted unified development review provisions, and/or any new variances and/or special use permits, such requests and all supporting documentation shall be included as part of the preliminary plan application materials, pursuant to appendix B, Land Development and Subdivision Regulations, article XV (see G.L. § 45-23-50.1).
d.
Technical review committee. The technical review committee shall review the application prior to the first planning board meeting and shall comment and make recommendations to the planning board.
e.
Public notice. Prior to the first planning board meeting on the preliminary plan, public notice shall be sent to abutters within two hundred (200) feet of the perimeter of the property, only, at least 14 days before the hearing.
1.
In the case of a combined master plan and preliminary plan hearing, notice shall be in accord with the public notice requirements for master plan approval.
f.
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 board at preliminary plan approval.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-67. - Decision of the board—preliminary plan.#
a.
Decision. A complete application for a major subdivision or development plan shall be approved, approved with conditions, or denied, in accordance with the requirements of appendix B, Land Development and Subdivision Regulations, article IX, sections 23-45 and 23-46 (see G.L. §§ 45-23-60 and 45-23-63), within 90 days of the date when it is certified complete, or within a further amount of time that may be consented to by the developer through the submission of a written waiver. Provided that, the timeframe for decision is automatically extended if evidence of state permits has not been provided, or otherwise waived in accordance with this section.
b.
Failure to act. Failure of the planning board to act within the prescribed period constitutes approval of the preliminary plan and a certificate of the administrative officer as to the failure of the planning board to act within the required time and the resulting approval shall be issued on request of the applicant.
c.
Vesting. The approved preliminary plan is vested for a period of two years with the right to extend for two, one-year extensions upon written request by the applicant, who must appear before the planning board for each annual review and provide proof of valid state or federal permits as applicable. Thereafter, vesting may be extended for a longer period, for good cause shown, if requested, in writing by the applicant prior to expiration of the vesting period, and approved by the planning board. The vesting for the preliminary plan approval includes all general and specific conditions shown on the approved preliminary plan drawings and supporting material.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-68. - Final plan submission requirements.#
a.
Submission requirements.
1.
The applicant shall submit to the administrative officer the items required by Checklist G - Major Final Plan (subdivision and land development), as well as all material required by the planning board when the application was given preliminary approval. The major subdivision or land development final plan checklist includes but is not limited to,, information on the dimensions of the parcel, existing site conditions, final development plans, and required approvals from local departments and state agencies.
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 public improvements for prior phases.
5.
Prior to approval of the final plan, copies of all legal documents describing the property, proposed easements, and rights-of-way.
6.
Prior to approval of the final plan, an applicant must submit all permits required by state or federal agencies, including permits related to freshwater wetlands, the coastal zone, floodplains, preliminary suitability for individual septic disposal systems, public water systems, and connections to state roads. For a state permit from the department of transportation, a letter evidencing the issuance of such a permit upon the submission of a bond and insurance is sufficient, but such actual permit shall be required prior to the issuance of a building permit.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-69. - Final plan review and approval procedure.#
a.
Certification. The application for final plan approval shall be certified complete or incomplete by the administrative officer in writing, within 15 days, so long as a completed Checklist G is provided with the submission. This time period may be extended to 25 days by written notice from the administrative officer to the applicant where the final plans contain changes to or elements not included in the preliminary plan approval. The running of the time period set forth herein shall be deemed stopped upon the issuance of a certificate of incompleteness of the application by the administrative officer and shall recommence upon the resubmission of a corrected application by the applicant. However, in no event shall the administrative officer be required to certify a corrected submission as complete or incomplete less than ten days after its resubmission.
b.
Decision. The administrative officer, or if referred to the planning board, shall review, grant, grant with conditions or deny final plan approval. A decision shall be issued within 45 days after the certification of completeness, or within a further amount of time that may be consented to by the applicant. If referred to the planning board, notice shall be sent to abutters within two hundred (200) feet of the property at least 14 days prior to the hearing.
c.
Failure to act. Failure of the administrative officer or, if referred to it the planning board, to act within the prescribed period constitutes approval of the final plan and a certificate of the administrative officer as to the failure to act within the required time and the resulting approval shall be issued on request of the applicant.
d.
Expiration of approval. The final approval of a major subdivision or land development project expires two (2) years from the date of approval with the right to extend for one year upon written request by the applicant, who must appear before the planning board for the annual review, unless, within that period, the plat or plan has been submitted for signature and recording, Thereafter, the planning board may, for good cause shown, extend the period for recording. The request to extend the expiration period must be made prior to expiration of the approval.
e.
Acceptance of public improvements. Signature and recording constitute the acceptance by the municipality of any street or other public improvement or other land intended for dedication. Final plan approval shall not impose any duty upon the municipality to maintain or improve those dedicated areas until the Tiverton Town Council accepts the completed public improvements as constructed in compliance with the final plans. See also, appendix B, Land Development and Subdivision Regulations, articles X and XI.
f.
Validity of recorded plans. The approved final plan, once recorded, remains valid as the approved plan for the site unless and until an amendment to the plan is approved in accordance with appendix B, Land Development and Subdivision Regulations, article IX, section 23-91, or a new plan is approved by the planning board.
(Reg. No. 2026-1, 1-6-26)