2019 -- H 5645

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LC000576

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO TOWNS AND CITIES - SUBDIVISION OF LAND

     Introduced By: Representatives Fogarty, Shekarchi, and McEntee

     Date Introduced: February 27, 2019

     Referred To: House Municipal Government

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 45-23-32, 45-23-38, 45-23-40, 45-23-41 and 45-23-43 of the

General Laws in Chapter 45-23 entitled "Subdivision of Land" are hereby amended to read as

follows:

     45-23-32. Definitions.

     Where words or phrases used in this chapter are defined in the definitions section of

either the Rhode Island Comprehensive Planning and Land Use Regulation Act, § 45-22.2-4, or

the Rhode Island Zoning Enabling Act of 1991, § 45-24-31, they have the meanings stated in

those acts. Additional words and phrases may be defined in local ordinances, regulations and

rules under this act. The words and phrases defined in this section, however, shall be controlling

in all local ordinances, regulations, and rules created under this chapter. See also § 45-23-34. In

addition, the following words and phrases have the following meanings:

     (1) Administrative officer. The municipal official designated by the local regulations to

administer the land development and subdivision regulations and to coordinate with local boards

and commissions, municipal staff and state agencies. The administrative officer may be a member

of, or the chair, of the planning board, or an appointed official of the municipality. See § 45-23-

55.

     (2) Administrative subdivision. Re-subdivision of existing lots which yields no additional

lots for development, and involves no creation or extension of streets. The re-subdivision only

involves divisions, mergers, mergers and division, or adjustments of boundaries of existing lots.

     (3) Board of appeal. The local review authority for appeals of actions of the

administrative officer and the planning board on matters of land development or subdivision,

which shall be the local zoning board of review constituted as the board of appeal. See § 45-23-

57.

     (4) Bond. See improvement guarantee.

     (5) Buildable lot. A lot where construction for the use(s) permitted on the site under the

local zoning ordinance is considered practicable by the planning board, considering the physical

constraints to development of the site as well as the requirements of the pertinent federal, state

and local regulations. See § 45-23-60(4).

     (6) Certificate of completeness. A notice issued by the administrative officer informing

an applicant that the application is complete and meets the requirements of the municipality's

regulations, and that the applicant may proceed with the approval process.

     (7) Concept plan. A drawing with accompanying information showing the basic elements

of a proposed land development plan or subdivision as used for pre-application meetings and

early discussions, and classification of the project within the approval process.

     (8) Consistency with the comprehensive plan. A requirement of all local land use

regulations which means that all these regulations and subsequent actions are in accordance with

the public policies arrived at through detailed study and analysis and adopted by the municipality

as the comprehensive community plan as specified in § 45-22.2-3.

     (9) Dedication, fee-in-lieu-of. Payments of cash which are authorized in the local

regulations when requirements for mandatory dedication of land are not met because of physical

conditions of the site or other reasons. The conditions under which the payments will be allowed

and all formulas for calculating the amount shall be specified in advance in the local regulations.

See § 45-23-47.

     (10) Development regulation. Zoning, subdivision, land development plan, development

plan review, historic district, official map, flood plain regulation, soil erosion control or any other

governmental regulation of the use and development of land.

     (11) Division of land. A subdivision.

     (12) Environmental constraints. Natural features, resources, or land characteristics that

are sensitive to change and may require conservation measures or the application of special

development techniques to prevent degradation of the site, or may require limited development,

or in certain instances, may preclude development. See also physical constraints to development.

     (13) Final plan. The final stage of land development and subdivision review. See § 45-23-

43.

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     (14) Final plat. The final drawing(s) of all or a portion of a subdivision to be recorded

after approval by the planning board and any accompanying material as described in the

community's regulations and/or required by the planning board.

     (15) Floor area, gross. See R.I. State Building Code.

     (16) Governing body. The body of the local government, generally the city or town

council, having the power to adopt ordinances, accept public dedications, release public

improvement guarantees, and collect fees.

     (17) Improvement. Any natural or built item which becomes part of, is placed upon, or is

affixed to, real estate.

     (18) Improvement guarantee. A security instrument accepted by a municipality to ensure

that all improvements, facilities, or work required by the land development and subdivision

regulations, or required by the municipality as a condition of approval, will be completed in

compliance with the approved plans and specifications of a development. See § 45-23-46.

     (19) Local regulations. The land development and subdivision review regulations adopted

under the provisions of this act. For purposes of clarification, throughout this act, where reference

is made to local regulations, it is be understood as the land development and subdivision review

regulations and all related ordinances and rules properly adopted pursuant to this chapter.

     (20) Maintenance guarantee. Any security instrument which may be required and

accepted by a municipality to ensure that necessary improvements will function as required for a

specific period of time. See improvement guarantee.

     (21) Major land development plan. Any land development plan not classified as a minor

land development plan.

     (22) Major subdivision. Any subdivision not classified as either an administrative

subdivision or a minor subdivision.

     (23) Master plan. An overall plan for a proposed project site outlining general, rather than

detailed, development intentions. It describes the basic parameters of a major development

proposal, rather than giving full engineering details. Required in major land development or

major subdivision review. See § 45-23-40.

     (24) Minor land development plan. A development plan for a residential project as

defined in local regulations, provided that the development does not require waivers or

modifications as specified in this act. All nonresidential land development projects are considered

major land development plans.

     (25) Minor subdivision. A plan for a subdivision of land consisting of five (5) or fewer

units or lots, provided that the subdivision does not require waivers or modifications as specified

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in this chapter.

     (26) Modification of requirements. See § 45-23-62.

     (27) Parcel. A lot, or contiguous group of lots in single ownership or under single control,

and usually considered a unit for purposes of development. Also referred to as a tract.

     (28) Parking area or lot. All that portion of a development that is used by vehicles, the

total area used for vehicular access, circulation, parking, loading and unloading.

     (29) Permitting authority. The local agency of government specifically empowered by

state enabling law and local ordinance to hear and decide on specific matters pertaining to local

land use.

     (30) Phased development. Development, usually for large-scale projects, where

construction of public and/or private improvements proceeds by sections subsequent to approval

of a master plan for the entire site. See § 45-23-48.

     (31) Physical constraints to development. Characteristics of a site or area, either natural

or man-made, which present significant difficulties to construction of the uses permitted on that

site, or would require extraordinary construction methods. See also environmental constraints.

     (32) Planning board. The official planning agency of a municipality, whether designated

as the plan commission, planning commission, plan board, or as otherwise known.

     (33) Plat. A drawing or drawings of a land development or subdivision plan showing the

location, boundaries, and lot lines of individual properties, as well as other necessary information

as specified in the local regulations.

     (34) Pre-application conference. An initial meeting between developers and municipal

representatives which affords developers the opportunity to present their proposals informally and

to receive comments and directions from the municipal officials and others. See § 45-23-35.

     (35) Preliminary plan. The required stage of land development and subdivision review

which requires detailed engineered drawings and all required state and federal permits. See § 45-

23-41.

     (36) Public improvement. Any street or other roadway, sidewalk, pedestrian way, tree,

lawn, off-street parking area, drainage feature, or other facility for which the local government or

other governmental entity either is presently responsible, or will ultimately assume the

responsibility for maintenance and operation upon municipal acceptance.

     (37) Public informational meeting. A meeting of the planning board or governing body

preceded by a notice, open to the public and at which the public is heard.

     (38) Re-subdivision. Any change of an approved or recorded subdivision plat or in a lot

recorded in the municipal land evidence records, or that affects the lot lines of any areas reserved

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for public use, or that affects any map or plan legally recorded prior to the adoption of the local

land development and subdivision regulations. For the purposes of this act any action constitutes

a subdivision.

     (39) Slope of land. The grade, pitch, rise or incline of the topographic landform or surface

of the ground.

     (40) Storm water detention. A provision for storage of storm water runoff and the

controlled release of the runoff during and after a flood or storm.

     (41) Storm water retention. A provision for storage of storm water runoff.

     (42) Street. A public or private thoroughfare used, or intended to be used, for passage or

travel by motor vehicles. Streets are further classified by the functions they perform. See street

classification.

     (43) Street, access to. An adequate and permanent way of entering a lot. All lots of record

shall have access to a public street for all vehicles normally associated with the uses permitted for

that lot.

     (44) Street, alley. A public or private thoroughfare primarily designed to serve as

secondary access to the side or rear of those properties whose principal frontage is on some other

street.

     (45) Street, cul-de-sac. A local street with only one outlet and having an appropriate

vehicular turnaround, either temporary or permanent, at the closed end.

     (46) Street, limited access highway. A freeway or expressway providing for through

traffic. Owners or occupants of abutting property on lands and other persons have no legal right

to access, except at the points and in the manner as may be determined by the public authority

having jurisdiction over the highway.

     (47) Street, private. A thoroughfare established as a separate tract for the benefit of

multiple, adjacent properties and meeting specific, municipal improvement standards. This

definition does not apply to driveways.

     (48) Street, public. All public property reserved or dedicated for street traffic.

     (49) Street, stub. A portion of a street reserved to provide access to future development,

which may provide for utility connections.

     (50) Street classification. A method of roadway organization which identifies a street

hierarchy according to function within a road system, that is, types of vehicles served and

anticipated volumes, for the purposes of promoting safety, efficient land use and the design

character of neighborhoods and districts. Local classifications use the following as major

categories:

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     (a) Arterial. A major street that serves as an avenue for the circulation of traffic into, out

of, or around the municipality and carries high volumes of traffic.

     (b) Collector. A street whose principal function is to carry traffic between local streets

and arterial streets but that may also provide direct access to abutting properties.

     (c) Local. Streets whose primary function is to provide access to abutting properties.

     (51) Subdivider. Any person who (1) having an interest in land, causes it, directly or

indirectly, to be divided into a subdivision or who (2) directly or indirectly sells, leases, or

develops, or offers to sell, lease, or develop, or advertises to sell, lease, or develop, any interest,

lot, parcel, site, unit, or plat in a subdivision, or who (3) engages directly or through an agent in

the business of selling, leasing, developing, or offering for sale, lease, or development a

subdivision or any interest, lot, parcel, site, unit, or plat in a subdivision.

     (52) Subdivision. The division or re-division, of a lot, tract or parcel of land into two or

more lots, tracts, or parcels. Any adjustment to existing lot lines of a recorded lot by any means is

considered a subdivision. All re-subdivision activity is considered a subdivision. The division of

property for purposes of financing constitutes a subdivision.

     (53) Technical review committee. A committee appointed by the planning board for the

purpose of reviewing, commenting, and making recommendations to the planning board with

respect to approval of land development and subdivision applications.

     (54) Temporary improvement. Improvements built and maintained by a developer during

construction of a development project and prior to release of the improvement guarantee, but not

intended to be permanent.

     (55) Vested rights. The right to initiate or continue the development of an approved

project for a specified period of time, under the regulations that were in effect at the time of

approval, even if, after the approval, the regulations change prior to the completion of the project.

     (56) Waiver of requirements. See § 45-23-62.

     45-23-38. General provisions -- Minor land development and minor subdivision

review.

     (a) Review stages. Minor plan review consists of two (2) stages, preliminary and final;

provided, that if a street creation or extension is involved, or a request for variances and/or

special-use permits are submitted, pursuant to the regulation's unified development review

provisions, a public hearing is required. The planning board may combine the approval stages,

providing requirements for both stages are met by the applicant to the satisfaction of the planning

officials.

     (b) Submission requirements. Any applicant requesting approval of a proposed, minor

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subdivision or minor land development, as defined in this chapter, shall submit to the

administrative officer the items required by the local regulations. Requests for relief from the

literal requirements of the zoning ordinance and/or for the issuance of special-use permits related

to minor subdivisions and/or minor land-development projects that are submitted under a zoning

ordinance's unified development review provisions shall be included as part of the preliminary

plan application, pursuant to § 45-23-50.1(b).

     (c) Certification. The application shall be certified, in writing, complete or incomplete by

the administrative officer within twenty-five (25) days or within fifteen (15) days if no street

creation or extension is required, and/or unified development review is not requested, according

to the provisions of § 45-23-36(b). 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 fourteen (14) ten (10) days after its

resubmission.

     (d) Technical review committee. The technical review committee, if established, will

review the application and will comment and make recommendations to the planning board. The

application will be referred to the planning board as a whole if there is no technical review

committee. When reviewed by a technical review committee:

     (1) If the land-development or subdivision application does not include a request for

unified development review and the plan is approved by a majority of the committee members,

the application is forwarded to the planning board with a recommendation for preliminary plan

approval without further review.

     (2) If the plan is not approved by a majority vote of the committee members, or the

application includes a request for unified development review, the minor land-development and

subdivision application is referred to the planning board.

     (e) Re-assignment to major review. The planning board may re-assign a proposed minor

project to major review only when the planning board is unable to make the positive findings

required in § 45-23-60.

     (f) Decision. If no street creation or extension is required, the planning board will

approve, deny, or approve with conditions, the preliminary plan within sixty-five (65) days of

certification of completeness, or within any further time that is agreed to by the applicant and the

board, according to the requirements of §§ 45-23-60 and 45-23-63. If a street extension or

creation is required, the planning board will hold a public hearing prior to approval according to

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the requirements in § 45-23-42 and will approve, deny, or approve with conditions, the

preliminary plan within ninety-five (95) days of certification of completeness, or within any

specified time that is agreed to by the applicant and the board, according to the requirements of

§§ 45-23-60 and 45-23-63.

     (g) Failure to act. Failure of the planning board to act within the period prescribed

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 will be

issued on request of the application.

     (h) Final plan. The planning board may delegate final plan review and approval to either

the administrative officer or the technical review committee. The officer or committee will report

its actions, in writing to the planning board at its next regular meeting, to be made part of the

record.

     (i) Expiration of approval. Approval of a minor land-development or subdivision plan

expires ninety (90) days 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 as

specified in § 45-23-64. Validity may be extended for a longer period, for cause shown, if

requested by the application in writing, and approved by the planning board.

     45-23-40. General provisions -- Major land development and major subdivision --

Master plan.

     (a) Submission requirements.

     (1) The applicant shall first submit to the administrative officer the items required by the

local regulations for master plans.

     (2) 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.

     (3) Initial comments will be solicited from:

     (i) Local agencies including, but not limited to, the planning department, the department

of public works, fire and police departments, the conservation and recreation commissions;

     (ii) Adjacent communities;

     (iii) State agencies, as appropriate, including the departments of environmental

management and transportation and the coastal resources management council; and

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     (iv) Federal agencies, as appropriate. The administrative officer shall coordinate review

and comments by local officials, adjacent communities, and state and federal agencies.

     (4) Requests for relief from the literal requirements of the zoning ordinance and/or for the

issuance of special-use permits related to major subdivisions and/or major land-development

projects that are submitted under a zoning ordinance's unified development review provisions

shall be included as part of the master plan application, pursuant to § 45-23-50.1(b).

     (b) Certification. The application must be certified, in writing, complete or incomplete by

the administrative officer within twenty-five (25) forty-five (45) days, according to the provisions

of § 45-23-36(b). 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 (10) days after its resubmission.

     (c) Technical review committee. The technical review committee, if established, shall

review the application and shall comment and make recommendations to the planning board.

     (d) Informational meeting.

     (1) A public informational meeting will be held prior to the planning board decision on

the master plan, unless the master plan and preliminary plan approvals are being combined, in

which case the public informational meeting is optional, based upon planning board

determination, or unified development review has been requested, in which case a public hearing

shall be held pursuant to § 45-23-50.1(b).

     (2) Public notice for the informational meeting is required and must be given at least

seven (7) days prior to the date of the meeting in a newspaper of general circulation within the

municipality. Postcard notice must be mailed to the applicant and to all property owners within

the notice area, as specified by local regulations.

     (3) At the public informational meeting, the applicant will present the proposed

development project. The planning board must allow oral and written comments from the general

public. All public comments are to be made part of the public record of the project application.

     (e) Decision. The planning board shall, within ninety (90) one hundred twenty (120) 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

§§ 45-23-60 and 45-23-63.

     (f) Failure to act. Failure of the planning board to act within the prescribed period

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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.

     (g) Vesting.

     (1) The approved master plan is vested for a period of two (2) years, with the right to

extend for two (2), 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, 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 (4) vesting for the approved master plan constitutes the vested

rights for the development as required in § 45-24-44.

     45-23-41. General provisions -- Major land development and major subdivision --

Preliminary plan.

     (a) Submission requirements.

     (1) The applicant shall first submit to the administrative officer the items required by the

local regulations for preliminary plans.

     (2) 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, a perimeter survey, all permits

required by state or federal agencies prior to commencement of construction, 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.

     (3) At the preliminary plan review phase, the administrative officer shall solicit final,

written comments and/or approvals of the department of public works, the city or town engineer,

the city or town solicitor, other local government departments, commissions, or authorities as

appropriate.

     (4) Prior to approval of the preliminary plan, copies of all legal documents describing the

property, proposed easements, and rights-of-way.

     (5) If the applicant is requesting alteration of any variances and/or special-use permits

granted by the planning board or commission 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 § 45-23-50.1(b).

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     (b) Certification. The application will be certified as complete or incomplete by the

administrative officer within twenty-five (25) forty-five (45) days, according to the provisions of

§ 45-23-36(b). 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 (10) days after its resubmission.

     (c) Technical review committee. The technical review committee, if established, shall

review the application and shall comment and make recommendations to the planning board.

     (d) Public hearing. Prior to a planning board decision on the preliminary plan, a public

hearing, which adheres to the requirements for notice described in § 45-23-42, must be held.

     (e) 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.

     (f) 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 §§ 45-23-

60 and 45-23-63, within ninety (90) one hundred twenty (120) 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.

     (g) 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.

     (h) Vesting. The approved preliminary plan is vested for a period of two (2) years with

the right to extend for two (2), 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, 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.

     45-23-43. General provisions -- Major land development and major subdivision --

Final plan.

     (a) Submission requirements.

     (1) The applicant shall submit to the administrative officer the items required by the local

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regulations for the final plan, as well as all material required by the planning board when the

application was given preliminary approval.

     (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.

     (b) Certification. The application for final plan approval shall be certified complete or

incomplete by the administrative officer in writing, within twenty-five (25) fifteen (15) days,

according to the provisions of § 45-23-36(b). This time period may be extended to forty-five (45)

twenty-five (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 fourteen (14) ten (10) days after its resubmission. If the administrative

officer certifies the application as complete and does not require submission to the planning board

as per subsection (c) below, the final plan shall be considered approved.

     (c) Referral to the planning board. If the administrative officer determines that an

application for final approval does not meet the requirements set by local regulations or by the

planning board at preliminary approval, the administrative officer shall refer the final plans to the

planning board for review. The planning board shall, within forty-five (45) days after the

certification of completeness, or within a further amount of time that may be consented to by the

applicant, approve or deny the final plan as submitted.

     (d) Failure to act. Failure of 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

of the planning board to act within the required time and the resulting approval shall be issued on

request of the applicant.

     (e) Expiration of approval. The final approval of a major subdivision or land development

project expires one year 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

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as specified in § 45-23-64. Thereafter, the planning board may, for good cause shown, extend the

period for recording for an additional period.

     (f) Acceptance of public improvements. Signature and recording as specified in § 45-23-

64 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 governing body of the

municipality accepts the completed public improvements as constructed in compliance with the

final plans.

     (g) 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 under the

procedure stated in § 45-23-65, or a new plan is approved by the planning board.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO TOWNS AND CITIES - SUBDIVISION OF LAND

***

     This act would allow minor projects (residential only) to remain minor and subject to the

lesser time period for certification. This act would also add more time for certification at the

master and preliminary plan phases on major subdivisions and land developments but reduces the

time for certification and resubmission at the final plan phase for consistency purposes. The time

for the master plan decision is increased to one hundred twenty (120) days and the time for the

preliminary plan decision is restored to one hundred twenty (120) days.

     This act would take effect upon passage.

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