The text
Sec. 23-181. - Applicability.#
a.
The following categories of projects shall be subject to the provisions of this chapter unless the project would be reviewed as a minor or major land development or subdivision. If there is a conflict as to which type of application should be filed, the application shall be reviewed as a minor or major land development or subdivision, as the case may be:
1.
Industrial and commercial development.
2.
Residential development, which includes, elderly housing facilities, such as a nursing home, retirement residence or assisted living facility, a manufactured home elderly community, an age restricted mixed use community development, or a multi-family structure or structures.
3.
A change in use at the property where no extensive construction of improvements is sought.
4.
An adaptive reuse project located in a commercial zone where no extensive exterior construction of improvements is sought.
5.
An adaptive reuse project located in a residential zone which results in less than nine residential units.
6.
Development in a designated urban or growth center.
7.
Institutional development design review for educational or hospital facilities.
8.
Development in a historic district.
b.
Permitting authority. The administrative officer shall decide whether to approve an administrative development plan review project. The planning board shall decide whether to approve a Formal development plan review project.
c.
Development plan review consists of two review processes: administrative and formal.
1.
Administrative development plan review consists of one stage of review and the authorized permitting authority is the administrative officer. The following activities are subject to administrative development plan review:
i.
A change in use at the property where there is neither a change in the footprint of the existing structure(s) nor an increase in the parking provided, and where the project does not require a waiver under appendix B, Land Development and Subdivision Regulations, article XVI, aection 23-182.
2.
Formal development plan review consists of the preliminary stage and final stage of review. The authorized permitting authority is the planning board. All projects identified in appendix B, Land Development of and Subdivision Regulations, article XVI, section 23-181 that are not classified for administrative development plan review shall be subject to formal development plan review.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-182. - Waivers.#
a.
Requirements for development plan review approval may be waived where there is a change in use or occupancy and no extensive construction or improvements are sought. The waiver may be granted only by a decision by the planning board, finding that 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 that the existing facilities do not require upgraded or additional site improvements.
1.
The application for a waiver of development plan approval review shall be in writing and include documentation on prior use of the site, the proposed use, and its impact. The application for a waiver shall be filed with the project application.
b.
The planning board may grant waivers of design standards.
1.
Application for waiver of a design standard shall be in writing and shall specifically identify the standard(s) which the applicant seeks to have waived along with a specifically stated rationale to support the request. The application for a waiver shall be filed with the project application.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-183. - Application requesting relief from the zoning ordinance.#
a.
Applications under this article which require relief that qualifies only as a modification shall first proceed by filing an application and a request for a modification to the zoning enforcement officer pursuant to appendix A, Zoning, article VI, section 3. If such modification is granted the application shall then proceed to be reviewed by the designated permitting authority as determined in this article.
1.
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.
2.
If the modification is denied or an objection is received as set forth in appendix A, Zoning, article VI, section 3, such application shall proceed under unified development review and be reviewed by the planning board pursuant to the provisions of appendix B, Land Development and Subdivision Regulations, article XV.
b.
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 review pursuant to the provisions of appendix B, Land Development and Subdivision Regulations, article XVI, and a request for review shall accompany the preliminary plan application.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-184. - Submission requirements.#
a.
Any application requesting approval of a proposed development under this article, shall submit to the administrative officer the items required by the appropriate checklist. Development plan review applications shall utilize Checklists C and D for Formal Development Plan Review and Checklist D for Administrative Development Plan Review, or as otherwise determined by the administrative officer.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-185. - Certification.#
a.
All applications under this article shall be certified, in writing, complete or incomplete by the administrative officer within 25 days. If no street creation or extension is required, and/or unified development review is not required, the application shall be certified complete or incomplete by the administrative officer within 15 days.
b.
The running of the time period set forth in this section will be deemed stopped upon the issuance of a written 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.
c.
If the administrative officer certifies the application as incomplete, the officer shall set forth in writing with specificity the missing or incomplete items.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-186. - Application review and decision.#
a.
Administrative development plan review. An application shall be approved, denied, or approved with conditions within 25 days of the certificate of completeness or within any further time that is agreed to in writing by the applicant and administrative officer.
b.
Formal development plan review.
1.
Preliminary plan. The planning board will hold a public hearing in accord with the requirements of appendix B, Land Development and Subdivision Regulations, article IV, section 23-31. The planning board will approve, deny, or approve with conditions, the preliminary plan within 65 days of certification of completeness, or within any further time that is agreed to by the applicant and the permitting authority.
2.
Final plan. For formal development plan approval, the planning board shall delegate final plan review and approval to the administrative officer. The officer will report its actions in writing to the planning board at its next regular meeting, to be made part of the record. Final plan shall be approved or denied within 45 days after the certification of completeness, or within a further amount of time that may be consented to by the applicant, in writing.
3.
The administrative officer may combine the stages of review for formal development plan review, providing that the submission requirements of both stages of review are met by the applicant to the satisfaction of the administrative officer.
c.
Failure to act. Failure of the permitting authority to act within the period prescribed constitutes approval of the preliminary 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 application.
d.
Vested rights. Approval of development plan review shall expire two years from the date of approval unless, within that period, a plat or plan, in conformity with approval, and as defined in this act, is submitted for signature and recording. Validity may be extended for an additional period upon application to the administrative officer or permitting authority, whichever entity approved the application, prior to the approval expiring, upon a showing of good cause.
e.
Modifications and changes to plans.
1.
Minor changes to the plans approved at any stage of the development plan review process may be approved administratively, by the administrative officer, whereupon final plan approval may be issued. The changes may be authorized without an additional planning board meeting, 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 permitting authority. Denial of the proposed change(s) shall be referred to the permitting authority for review as a major change. Minor changes shall include:
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.
f.
Appeal. A decision under this section shall be considered an appealable decision. See, appendix B, Land Development and Subdivision Regulations as well as G.L. § 45-23-71.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-187. - Fees.#
Application fees for development plan review under this article shall be set by the town council, with a recommendation from the planning board. There are no application fees associated with the pre-application/informal concept review.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-188. - Enforcement.#
The provisions of this article shall be enforced by the administrative officer.
(Reg. No. 2026-1, 1-6-26)