ARTICLE VI. - MINOR LAND DEVELOPMENT OR SUBDIVISION
Part of the Code of Ordinances of Tiverton, RI.
The text
Sec. 23-51. - General requirements and review procedure.#
a.
Minor plan review consists of two stages, preliminary and final; provided, that unless otherwise set forth in this article, if a street creation or extension is involved, or a request for variances and/or special-use permits are submitted pursuant to a unified development application, a public hearing is required by the planning board. The applicant may file a pre-application for review pursuant to appendix B, Land Development and Subdivision Regulations, article IV.
b.
Application types.
1.
Applications requesting relief from the zoning ordinance.
i.
Applications under this article which require relief that qualifies only as a modification pursuant to appendix A, Zoning, article VI, section 3, shall proceed by filing an application under this article and a request for a modification to the zoning enforcement officer. If such modification is granted the application shall then proceed to be reviewed by the administrative officer pursuant to the applicable requirements of this article. If the modification is denied or an objection is received, such application shall proceed under unified development plan review, appendix B, Land Development and Subdivision Regulations, article XV.
A.
An application under this article concurrently seeking a modification pursuant to appendix A, Zoning, article VI, section 3, shall not be deemed complete without the modification request first being granted, or denied, as the case may be.
ii.
Applications under this article which require relief from the literal provisions of the zoning ordinance in the form of a variance or special use permit, shall be reviewed by the planning board under unified development plan review, appendix B, Land Development and Subdivision Regulations, article XV, and a request for review shall accompany the preliminary plan application.
iii.
Any application involving a street creation or extension shall be reviewed by the planning board and require a public hearing.
2.
Other applications. The administrative officer shall review and grant, grant with conditions or deny all other applications under this article and may grant waivers of design standards as set forth in the local regulations and zoning ordinance. The administrative officer may utilize the technical review committee for initial review and recommendation. The administrative officer may not grant any waivers of design standards.
c.
Changes to plans during the minor plan review process.
1.
Minor changes to the plans approved at any stage of the minor 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 recommendation 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:
i.
Amendments to utility plans which are acceptable to the public works director, planning board consulting engineer and to the appropriate utility company;
ii.
Lot line revisions which can be reviewed and approved as an administrative subdivision;
iii.
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;
iv.
Amendments to construction plans which are required because of unforeseen physical conditions on the parcel being subdivided;
v.
Modifications to any construction plans for off-site improvements which are acceptable to the public works director; or
vi.
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:
i.
Changes which would have the effect of creating additional lots or dwelling units for development;
ii.
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
iii.
Changes which may have significant negative impacts on abutting property or property in the vicinity of the proposed subdivision or land development project.
d.
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. 23-52. - Preliminary plan submission requirements.#
Any applicant requesting approval of a proposed minor subdivision or minor land development preliminary plan application shall submit to the administrative officer those items required by Checklist C - Minor Preliminary Plan (subdivision and land development). Checklist requirements are generally related, but not limited to, engineering plans depicting the location of the parcel, existing site conditions, proposed development and changes to the site, perimeter survey, and submissions for required approvals from local departments and state agencies.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-53. - Preliminary plan review and approval procedure.#
a.
Certification. The application shall be certified, in writing, complete or incomplete by the administrative officer within 25 days of the submission so long as a completed Checklist C is provided as part of the submission. If no street creation or extension is required, and/or unified development review is not requested, and a completed Checklist C is provided as part of the submission, such application shall be certified, in writing, complete or incomplete by the administrative officer within 15 days. The running of the time period set forth in this section 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. 23-54. - Final plan submission requirements.#
Any applicant requesting approval of a proposed minor subdivision or minor land development final plan application shall submit to the administrative officer those items required by Checklist D - Minor Final Plan (subdivision and land development). Checklist requirements are generally related, but not limited to, information on the dimensions of the parcel, existing site conditions, final development plans, and required approvals from state agencies.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-55. - Final plan review and approval procedure.#
a.
Certification. The application shall be certified, in writing, complete or incomplete by the administrative officer within 25 days of the submission so long as a completed Checklist D is provided as part of the submission. If no street creation or extension is required, and/or unified development review is not requested, and a completed Checklist D is provided as part of the submission, such application shall be certified, in writing, complete or incomplete by the administrative officer within 15 days. The running of the time period set forth in this section 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. 23-56. - Expiration of approval.#
a.
Approval of a minor land development or subdivision preliminary plan shall expire one year from the date of approval unless within such period a final plat or plan is submitted in conformity with appendix B, Land Development and Subdivision Regulations, article VI, section 23-54 and receives a certification of completeness. The validity of said approval may be extended for a longer period, for cause shown, if requested by the applicant in writing, prior to the expiration of the approval, and is approved by the planning board.
b.
Approval of a minor land development or subdivision final plan shall expire one year from the date of approval unless within such period a plat or plan, in conformity with such approval, is submitted for signature and recording as specified in appendix B, Land Development and Subdivision Regulations, article IX, section 23-90 of these regulations. The validity of said approval may be extended for a longer period, for cause shown, if requested by the applicant in writing, prior to the expiration of the approval, and is approved by the planning board.
(Reg. No. 2026-1, 1-6-26)