Chapter 08-294

Chapter 294

2008 -- H 7945 SUBSTITUTE A

Enacted 07/05/08

A N A C T

RELATING TO TOWNS AND CITIES - SUBDIVISION OF LAND

Introduced By: Representative Kenneth Carter

Date Introduced: February 26, 2008

It is enacted by the General Assembly as follows:

SECTION 1. Section 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:

45-23-40. 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 (iv) federal agencies, as appropriate. The

administrative officer shall coordinate review and comments by local officials, adjacent

communities, and state and federal agencies.

(b) Certification. - The application must be certified complete or incomplete by the

administrative officer within sixty (60) days, according to the provisions of section 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 fourteen (14) days after its resubmission.

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.

(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 one hundred and twenty (120) days of

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

applicant, approve of the master plan as submitted, approve with changes and/or conditions, or

deny the application, according to the requirements of section 45-23-63.

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

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 ~~one year~~ two (2) years, with a the

right to extend for two (2) one year ~~extension~~ extensions upon written request by the applicant,

who must appear before the planning board for the annual review. ~~Vesting~~ 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 ~~two (2)~~ four (4) year vesting for the approved master plan constitutes the

vested rights for the development as required in section 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.

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

administrative officer within sixty (60) days, according to the provisions of section 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 fourteen (14) days after its resubmission.

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 section 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 within one hundred and 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.

(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 ~~one year and~~ 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 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 within twenty-five (25) days, according to the provisions

of section 45-23-36(b). This time period may be extended to forty-five (45) 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) 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.

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 as specified in section 45-23-64. ~~The~~ 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 section

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 section 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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LC02179/SUB A

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