The text
Footnotes:
--- (1) --- Cross reference— Buildings and building regulations, Ch. 4; parks and recreation, Ch. 14; planning, Ch. 15; soil erosion and sedimentation control, Ch. 17; streets and sidewalks, Ch. 18; utilities, Ch. 21; capped sewers in subdivisions, § 21-152.
State Law reference— Subdivision of land, G.L. 1956, § 45-23-1 et seq.
ARTICLE I. - IN GENERAL#
Sec. 19-1. - Adoption of rules and regulations by planning board.#
For the purpose of promoting the general health, safety, morals or general welfare of the town and in accordance with the provisions of sections 45-23-1 to 45-23-23 of the General Laws, the planning board of the town, as appointed by the town council, shall have power to adopt, modify and amend rules and regulations governing and restricting the platting or other subdivision of land within the town, and to control the subdivision of land pursuant to such rules and regulations.
(Code 1967, § 29-1)
Cross reference— Planning board, § 15-26 et seq.
Sec. 19-2. - Purposes of rules and regulations.#
The rules and regulations referred to in section 19-1 shall be designed to: (1)
Make adequate provisions for traffic.
(2)
Lessen traffic accidents.
(3)
Promote safety from fire and other dangers.
(4)
Provide adequate light and air.
(5)
Prevent overcrowding of land.
(6)
Prevent the development of unsanitary areas for housing purposes.
(7)
Secure a well-articulated street and highway system.
(8)
Promote a coordinated development of unbuilt areas.
(9)
Secure and appropriate allotment of land area in new developments for all the requirements of community life.
(10)
Conserve natural beauty and other natural resources.
(11)
Conform to any master plan which may have been adopted.
(12)
Furnish guidance for the wise and efficient expenditure of funds for public works; and to facilitate the adequate, efficient and economic provision of transportation, water supply, sewerage, recreation and other public utilities and requisites.
(Code 1967, § 29-2)
State Law reference— Similar provisions, G.L. 1956, § 45-23-3.
Sec. 19-3. - Notice and hearing required prior to adoption of rules and regulations.#
The planning board shall not adopt, modify or amend the subdivision rules and regulations until after a public hearing of which it shall give notice, specifying the time and place of such hearing by publication of such notice in a newspaper of general circulation within the town at least twice a week for three (3) successive weeks prior to the date of such hearing, at which hearing opportunity shall be given all persons interested to be heard upon the matter of the proposed rules and regulations, or of such modification or amendment. When adopted, copies of such rules and regulations shall be available for public inspection at the office of the planning board and shall be filed with the town clerk.
(Code 1967, § 29-3)
State Law reference— Similar provisions, G.L. 1956, § 45-23-4.
Sec. 19-4. - Plat regulations.#
The rules and regulations referred to in section 19-1 shall provide for the formal requisites of all plats, preliminary or final, submitted to the planning board, including the form, scale, size mounting, quality of paper and ink, number of copies and extent of information required to be designated thereon. Such regulations shall permit the filing of preliminary plats for informal discussion, but the acceptance of a preliminary plat shall not be binding, and shall not entitle such plat to be recorded.
(Code 1967, § 29-4)
State Law reference— Similar provisions, G.L. 1956, § 45-25-5.
Sec. 19-5. - Physical requirements; completion bonds.#
(a)
The rules and regulations referred to in section 19-1 may further provide among other things for:
(1)
The harmonious development of the town.
(2)
Coordination of streets within subdivisions with other existing or planned streets and with any master plan of the town which may have been adopted.
(3)
The width of streets, limitation of street grades, and of street intersection angles.
(4)
The relation of streets to topography and the prevention of the duplication of street names.
(5)
The minimum width, depth and area of lots.
(6)
Adequate open spaces for traffic, recreation, light and air.
(7)
A distribution of population and traffic which will tend to create conditions favorable to health, safety, convenience and prosperity.
(b)
Such regulations may include requirements as to the extent to which and the manner in which streets shall be graded and improved and water, sewer and other utility mains, piping, connections or other facilities shall be installed, where reasonable and possible, as a condition precedent to the approval of the plat. Such regulations may provide that, in lieu of the completion of such work and installation previous to the final approval of a plat, the planning board may accept a bond in an amount and with surety and conditions satisfactory to it, providing for and securing to the town the actual construction and installation of such improvements and utilities within a period specified by the planning board and expressed in the bond; and the town is hereby granted the power to enforce such bond by all appropriate legal and equitable remedies.
(c)
In the adoption of such rules and regulations and in the consideration of plats submitted thereunder, the planning board shall take into consideration the prospective character of the development, whether residence, business or industrial, and in the case of residence developments, whether the same are for seasonal use or for year-round occupation.
(Code 1967, § 29-5)
State Law reference— Similar provisions, G.L. 1956, § 45-23-6.
Sec. 19-6. - Certain state law adopted.#
Sections 45-23-1, 45-23-7 to 45-23-13 and 45-23-20 to 45-23-23 of the General Laws, and any amendments thereof or additions thereto, are hereby adopted and made a part of this chapter.
(Code 1967, § 29-6)
Secs. 19-7—19-30. - Reserved.#
ARTICLE II. - BOARD OF REVIEW#
Footnotes:
--- (2) --- Cross reference— Boards, commissions and committees, § 2-121 et seq.
Sec. 19-31. - Zoning board of review designated.#
By virtue of the provisions of sections 45-23-14 to 45-23-18 of the General Laws, and any amendments thereof or additions thereto, the zoning board of review of the town is hereby designated as the required board of review.
(Code 1967, § 29-7)
Sec. 19-32. - May grant special exceptions.#
The board of review may, in appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to the rules and regulations of the planning board in harmony with the general purpose and intent of the rules and regulations referred to in this chapter, or where such exception is reasonably necessary for the convenience or welfare of the public.
(Code 1967, § 29-8)
State Law reference— Similar provisions, G.L. 1956, § 45-23-15.
Sec. 19-33. - Appeals.#
(a)
Appeals to the board of review may be taken by any applicant whose plat has been rejected by the planning board by filing a statement of appeal, a copy of such plat and of the list of abutting owners furnished therewith, and of the grounds of disapproval of the planning board, together with the names and addresses of any other persons who appeared before the planning board in opposition to such application with such board of review within ten (10) days after the final action of the planning board thereon.
(b)
The board of review shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, including the applicant, abutting owners and any other persons who entered appearances before the planning board, and shall decide the same within a reasonable time. Upon the hearing, any party in interest may appear in person or by agent or by attorney.
(Code 1967, § 29-9)
State Law reference— Similar provisions, G.L. 1956, §§ 45-23-16, 45-23-17.
Sec. 19-34. - Powers.#
(a)
The board of review shall have the following powers:
(1)
To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by a planning board in the enforcement of this chapter or of the rules and regulations adopted pursuant thereto.
(2)
To hear and decide special exceptions to the terms of the rules and regulations upon which such board is authorized to pass under this chapter.
(3)
To authorize, upon appeal in specific cases, such variance in the application of the terms of such rules and regulations as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of such rules and regulations will result in unnecessary hardship, and so that the spirit of the rules and regulations shall be observed and substantial justice done.
(b)
In exercising the abovementioned powers the board of review may, in conformity with the provisions of this chapter, reverse or affirm wholly or partly, or may modify the decision appealed from and make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the planning board from whom the appeal was taken.
(c)
The concurring vote of three (3) members of the board of review shall be necessary to reverse any decision or determination of the planning board.
(Code 1967, § 29-10)
State Law reference— Similar provisions, G.L. 1956, § 45-23-18.