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Sec. 23-171. - Severability.#
If any provision of this chapter or of any rule, regulation or determination made thereunder, or the application thereof to any person, agency or circumstances, is held invalid by a court of competent jurisdiction, the remainder of the chapter, rule, regulation or determination and the application of such provisions to other persons, agencies, or circumstances shall not be affected thereby. The invalidity of any section or sections of this chapter shall not affect the validity of the remainder of the chapter.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-172. - Effective date.#
These regulations shall take effect on December 31, 1995, and on said date all prior regulations and amendments thereto are hereby repealed.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-173. - Vested rights.#
If an application is so vested, action shall be taken by the applicant or owner within six months from the date of its last review or approval by the planning board, and diligently pursued until final approval and/or recording of plans. Any proposed development or subdivision plan for which either preliminary or final approval has been granted, and for which no further action has been taken, including the recording of plats if relevant, within said six-month period, shall require the submission of an application subject to the provisions of this chapter. 1.
Applications. Under the provisions of this article, any application considered by the town shall be reviewed according to the regulations applicable in the zoning ordinance, or land development and subdivision regulation, in force at the time the application was deemed substantially complete. An application is deemed to be substantially complete under the following circumstances:
a.
Planning Board Applications: Any application to be considered by the Planning Board shall be deemed substantially complete upon issuance of a Certificate of Completeness commencing the time period within which the Planning Board shall render a decision to approve, approve with changes and/or conditions, or deny the application.
b.
Administrative Officer: Any application to be considered by the Administrative Officer shall be deemed substantially complete upon issuance of a Certificate of Completeness commencing the time period within which the Administrative Officer shall render a decision to approve, approve with changes and/or conditions, or deny the application.
c.
Unified Development Applications: Any application reviewed as a Unified Development application shall be deemed substantially complete upon issuance of a Certificate of Completeness commencing the time period within which the Planning Board shall render a decision to approve, approve with changes and/or conditions, or deny the application.
2.
Time limits for development.
a.
Relief Granted by Planning Board or Administrative Officer: The vested development rights created by the Planning Board or Administrative Officer's approval, or approval with changes and/or conditions, of any application shall be the same as those rights provided by statute in Chapter 23, Title 45, of the Rhode Island General Laws, as amended.
(Reg. No. 2026-1, 1-6-26)