Chapter 309 |
2023 -- S 1034 SUBSTITUTE A Enacted 06/24/2023 |
A N A C T |
RELATING TO TOWNS AND CITIES -- SUBDIVISION OF LAND |
Introduced By: Senators Pearson, and McKenney |
Date Introduced: May 19, 2023 |
It is enacted by the General Assembly as follows: |
SECTION 1. Sections 45-23-27, 45-23-32, 45-23-36, 45-23-38, 45-23-39, 45-23-42, 45- |
23-50, 45-23-50.1, 45-23-55, 45-23-56, 45-23-62, 45-23-67 and 45-23-71 of the General Laws in |
Chapter 45-23 entitled "Subdivision of Land" are hereby amended to read as follows: |
45-23-27. Applicability Applicability -- Effective January 1, 2024. |
(a) Sections 45-23-25 — 45-23-74 and all local regulations are applicable to all |
applications under this chapter in all of the following instances:. |
(1) In all cases of subdivision of land, including re-subdivision, as defined in § 45-23-32, |
all provisions of §§ 45-23-25 — 45-23-74 apply; |
(2) In all cases of land development projects, as provided for in § 45-24-47 of the Zoning |
Enabling Act of 1991, where a municipality has allowed for the land development projects in its |
local zoning ordinance; and/or |
(3) In all cases of development plan review, as provided for in § 45-24-49 of the Zoning |
Enabling Act of 1991, where a municipality has established, within their zoning ordinance, the |
procedures for planning board review of applications. |
(b) Plats required. |
(1) All activity defined as a subdivision requires a new plat, drawn to the specifications of |
the local regulations, and reviewed and approved by the planning board or its agents as provided in |
this chapter; and |
(2) Prior to recording, the approved plat shall be submitted for signature and recording as |
specified in § 45-23-64. |
45-23-32. Definitions Definitions -- Effective January 1, 2024. |
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 in a manner that does not conflict or alter the terms or mandates in this act, the Rhode Island |
Comprehensive Planning and Land Use Regulation Act § 45-22.2-4, and the Rhode Island Zoning |
Enabling Act of 1991. 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(s) designated by the local regulations to |
administer the land development and subdivision regulations and to review and approve qualified |
applications and/or coordinate with local boards and commissions, municipal staff, and state |
agencies as set forth herein. The administrative officer may be a member of, or the chair, of the |
planning board, an employee of the municipal planning or zoning departments, 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) (2) 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) (3) Bond. See improvement guarantee. |
(5) (4) 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(a)(4). |
(6) (5) 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 review process. |
(7) (6) 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) (7) 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) (8) Dedication, fee-in-lieu-of. Payments of cash which that 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) (9) Development plan review. Design or site plan review of a development of a |
permitted use. A municipality may utilize development plan review under limited circumstances to |
encourage development to comply with design and/or performance standards of the community |
under specific and objective guidelines, for developments including, but not limited to: |
(i) A change in use at the property where no extensive construction of improvements is |
sought; |
(ii) An adaptive reuse project located in a commercial zone where no extensive exterior |
construction of improvements is sought; |
(iii) An adaptive reuse project located in a residential zone which that results in less than |
nine (9) residential units; |
(iv) Development in a designated urban or growth center; |
(v) Institutional development design review for educational or hospital facilities; or |
(vi) Development in a historic district. |
(10)(11) (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)(12) (11) Division of land. A subdivision. |
(12)(13) (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)(14) (13) Final plan. The final stage of land development and subdivision review. See |
§ 45-23-43. |
(14)(15) (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)(16) (15) Floor area, gross. See R.I. State Building Code. |
(16)(17) (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)(18) (17) Improvement. Any natural or built item which that becomes part of, is placed |
upon, or is affixed to, real estate. |
(18)(19) (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. |
(20) (19) Land-development project. A project in which one or more lots, tracts, or parcels |
of land or a portion thereof are developed or redeveloped as a coordinated site for one or more uses, |
units, or structures, including but not limited to, planned development or cluster development for |
residential, commercial, institutional, recreational, open space, or mixed uses. The local regulations |
shall include all requirements, procedures, and standards necessary for proper review and approval |
of land development projects to ensure consistency with this chapter and the Rhode Island zoning |
enabling act. |
(i) Minor land development project. A land development project involving any one of the |
following: |
(A) Seven thousand five hundred (7,500) gross square feet of floor area of new commercial, |
manufacturing, or industrial development;, or less,; or |
(B) An expansion of up to fifty percent (50%) of existing floor area or up to ten thousand |
(10,000) square feet for commercial, manufacturing, or industrial structures; or |
(C) Mixed-use development consisting of up to six (6) dwelling units and two thousand |
five hundred (2,500) gross square feet of commercial space or less; or |
(D) Multi-family residential or residential condominium development of nine (9) units or |
less; or |
(E) Change in use at the property where no extensive construction of improvements are is |
sought; |
(F) An adaptive reuse project of up to twenty-five thousand (25,000) square feet of gross |
floor area located in a commercial zone where no extensive exterior construction of improvements |
is sought; |
(G) An adaptive reuse project located in a residential zone which that results in less than |
nine (9) residential units; |
A community can increase, but not decrease the thresholds for minor land development set |
forth above if specifically set forth in the local ordinance and/or regulations. The process by which |
minor land development projects are reviewed by the local planning board, commission, technical |
review committee, and/or administrative officer is set forth in § 45-23-38. |
(ii) Major land development project. A land development project which that exceeds the |
thresholds for a minor land development project as set forth in this section and local ordinance or |
regulation. The process by which major land development projects are reviewed by the local |
planning board, commission, technical review committee, or administrative officer is set forth in § |
45-23-39. |
(21) (20) 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 to be understood as the land development and |
subdivision review regulations and all related ordinances and rules properly adopted pursuant to |
this chapter. |
(20)(22) (21) Maintenance guarantee. Any security instrument which that 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) (22) 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 only. It is the first formal review step of the major land development or major |
subdivision process and the step in the process in which the public hearing is held . See § 45-23-40 |
45-23-39. |
(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 |
in this chapter. |
(26)(24) (23) Modification of requirements. See § 45-23-62. |
(27)(25) (24) 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)(26) (25) 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)(27) (26) Permitting authority. The local agency of government, meaning any board, |
commission, or administrative officer specifically empowered by state enabling law and local |
regulation or ordinance to hear and decide on specific matters pertaining to local land use. |
(30)(28) (27) 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)(29) (28) 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)(30) (29) Planning board. The official planning agency of a municipality, whether |
designated as the plan commission, planning commission, plan board, or as otherwise known. |
(33)(31) (30) 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)(32) (31) Pre-application conference. An initial meeting between developers and |
municipal representatives which that 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)(33) (32) Preliminary plan. The A required stage of land development and subdivision |
review which that generally requires detailed engineered drawings and all required state and |
federal permits. See § 45-23-41 45-23-39. |
(34) (33) Public hearing. A hearing before the planning board which that is duly noticed |
in accordance with § 45-23-42 and which that allows public comment. A public hearing is not |
required for an application or stage of approval unless otherwise stated in this chapter. |
(36)(35) (34) 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 |
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)(36) (35) Slope of land. The grade, pitch, rise, or incline of the topographic landform |
or surface of the ground. |
(40)(37) (36) 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)(38) (37) Storm water retention. A provision for storage of storm water runoff. |
(42)(39) (38) 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)(40) (39) 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)(41) (40) 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)(42) (41) 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)(43) (42) 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)(44) (43) 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)(45) (44) Street, public. All public property reserved or dedicated for street traffic. |
(49)(46) (45) Street, stub. A portion of a street reserved to provide access to future |
development, which may provide for utility connections. |
(50)(47) (46) Street classification. A method of roadway organization which that 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: |
(ai) 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. |
(bii) 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. |
(ciii) Local. Streets whose primary function is to provide access to abutting properties. |
(51)(48) (47) Subdivider. Any person who: (1i) having Having an interest in land, causes |
it, directly or indirectly, to be divided into a subdivision; or who (2ii) directly 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 (3iii) engages 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)(49) (48) Subdivision. The division or re-division, of a lot, tract, or parcel of land into |
two or more lots, tracts, or parcels. Any or 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. |
(i) Administrative subdivision. Subdivision of existing lots which that yields no additional |
lots for development, and involves no creation or extension of streets. This subdivision only |
involves division, mergers, mergers and division, or adjustments of boundaries of existing lots. The |
process by which an administrative officer or municipal planning board or commission reviews any |
subdivision qualifying for this review is set forth in § 45-23-37. |
(ii) Minor subdivision. A subdivision creating nine (9) or fewer buildable lots. The process |
by which a municipal planning board, commission, technical review committee, and/or |
administrative officer reviews a minor subdivision is set forth in § 45-23-38. |
(iii) Major subdivision. A subdivision creating ten (10) or more buildable lots. The process |
by which a municipal planning board or commission reviews any subdivision qualifying for this |
review under § 45-23-39. |
(53)(50) (49) Technical review committee. A committee or committees appointed by the |
planning board municipality for the purpose of reviewing, commenting, and approving, and/or |
making recommendations to the planning board with respect to approval of land development and |
subdivision applications or administrative officer, as set forth in this chapter. |
(54)(51) (50) 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)(52) (51) 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)(53) (52) Waiver of requirements. See § 45-23-62. |
45-23-36. General provisions — Application for development and certification of |
completeness General provisions -- Authority and application for development and |
certification of completeness -- Effective January 1, 2024. |
(a) Authority. Municipalities shall provide for the submission and approval of land |
development projects and subdivisions, as such terms are defined in the Rhode Island Zoning |
Enabling Act of 1991, and/or this chapter, and such are subject to the local regulations which |
shall be consistent with the requirements of this chapter. The local regulations must include all |
requirements, procedures, and standards necessary for proper review and approval of applications |
made under this chapter to ensure consistency with the intent and purposes of this chapter and |
with § 45-24-47 of the Rhode Island Zoning Enabling Act of 1991. |
(b) Classification. The In accordance with this chapter, the administrative officer shall |
advise the applicant as to which approvals are category of approval is required and the appropriate |
board for hearing an application for a land development or subdivision project. An applicant shall |
not be required to obtain both land development and development plan review, for the same project. |
The following types categories of applications, as defined in § 45-23-32 this chapter, may be filed: |
(1) Subdivisions. Administrative subdivision, minor subdivision, or major subdivision; |
(2) Minor subdivision or minor land development plan; and Land development projects. |
Minor land development or major land development; and |
(3) Development plan review. |
(3) Major subdivision or major land development plan. |
(b)(c) Certification of a complete application. An application shall be complete for |
purposes of commencing the applicable time period for action when so certified by the |
administrative officer. Every certification of completeness required by this chapter shall be in |
writing. In the event the certification of the application is not made within the time specified in this |
chapter for the type of plan, the application is deemed complete for purposes of commencing the |
review period unless the application lacks information required for these applications as specified |
in the local regulations and the administrative officer has notified the applicant, in writing, of the |
deficiencies in the application. See §§ 45-23-38, 45-23-39, and 45-23-50 for applicable certification |
timeframes and requirements. |
(c) (d) Notwithstanding subsections (a) and (b) other provisions of this section, the |
planning board may subsequently require correction of any information found to be in error and |
submission of additional information specified in the regulations but not required by the |
administrative officer prior to certification, as is necessary to make an informed decision. |
(d) (e) Where the review is postponed with the consent of the applicant, pending further |
information or revision of information, the time period for review is stayed and resumes when the |
administrative officer or the planning board determines that the required application information is |
complete. |
45-23-38. General provisions — Minor land development and minor subdivision |
review General provisions -- Minor land development and minor subdivision review -- |
Effective January 1, 2024. |
(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. |
Application types and review stages. |
(1) Applications requesting relief from the zoning ordinance. |
(i) Applications under this section which that require relief which that qualifies only as a |
modification under § 45-24-46 and local ordinances shall proceed by filing an application under |
this chapter and a request for a modification to the zoning enforcement officer. If such modification |
is granted, the application shall then proceed to be reviewed by the administrative officer pursuant |
to the applicable requirements of this section. If the modification is denied or an objection is |
received as set forth in § 45-24-46, such application shall proceed under unified development plan |
review pursuant to § 45-23-50.1. |
(ii) Applications under this section which that 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 plan review pursuant to § 45-23-50.1, and a request for |
review shall accompany the preliminary plan application. |
(iii) Any application involving a street creation or extension shall be reviewed by the |
planning board and require a public hearing. |
(2) Other applications. |
The administrative officer shall review and grant, grant with conditions, or deny all other |
applications under this section and may grant waivers of design standards as set forth in the local |
regulations and zoning ordinance. The administrative officer may utilize the technical review |
committee for initial review and recommendation. The local regulations shall specifically list what |
limited waivers an administrative officer is authorized to grant as part of their review. |
(3) Review stages. |
Minor plan review consists of two (2) stages, preliminary and final; provided, that unless |
otherwise set forth in this section, if a street creation or extension is involved, or a request for |
variances and/or special-use permits are is submitted, pursuant to the regulation’s unified |
development review provisions, a public hearing is required before the planning board. The |
administrative officer may combine the approval stages, providing requirements for both stages are |
met by the applicant to the satisfaction of the administrative officer. |
(b) Submission requirements. Any applicant requesting approval of a proposed, minor |
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 For each applicable stage of review, the application shall be certified, |
in writing, complete or incomplete by the administrative officer within twenty-five (25) days or |
within fifteen (15) days of the submission so long as a completed checklist of the requirements for |
submission are is provided as part of the submission. Such certification shall be made in accordance |
with the provisions of § 45-23-36(bc). If if no street creation or extension is required, and/or unified |
development review is not requested, and a completed checklist of the requirements for submission |
are provided as part of the submission, such application shall be certified, in writing, complete or |
incomplete by the administrative officer within fifteen (15) days according to the provisions of § |
45-23-36(bc). 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) (d) Decision on preliminary plan. If no street creation or extension is required, the |
planning board or administrative officer 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, or the application is reviewed under the |
unified development plan review, the planning board will hold a public hearing prior to approval |
according to 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) (e) 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. |
(f) 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. |
(h) (g) Final plan. The planning board may delegate final plan review and approval to either |
the administrative officer or the technical review committee. Final plans shall be reviewed and |
approved by either the administrative officer or 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. The administrative officer or technical review committee shall approve, |
deny, approve with conditions, or refer the application to the planning board based upon a finding |
that there is a major change within twenty-five (25) days of the certificate of completeness. |
(h) Modifications and changes to plans. |
(1) Minor changes, as defined in the local regulations, to the plans approved at any stage |
may be approved administratively, by the administrative officer. The changes may be authorized |
without additional public hearings, 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 recommendation from either the technical review |
committee or the permitting authority. Denial of the proposed change(s) shall be referred to the |
applicable permitting authority for review as a major change. |
(2) Major changes, as defined in the local regulations, to the plans approved at any stage |
may be approved only by the applicable permitting authority and must follow the same review and |
hearing process required for approval of preliminary plans, which shall include a public hearing if |
originally required as part of the application. |
(3) The administrative officer shall notify the applicant in writing within fourteen (14) days |
of submission of the final plan application if the administrative officer determines the change to be |
a major change. |
(i) Appeal. Decisions under this section shall be considered an appealable decision pursuant |
to § 45-23-71. |
(i) (j) Expiration of approval approvals. Approval Approvals of a minor land-development |
or subdivision plan expires expire ninety (90) days one year 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. |
45-23-39. General provisions — Major land development and major subdivision |
review stages General provisions -- Major land development and major subdivision review |
stages -- Effective January 1, 2024. |
(a) Major plan review is required of all applications for land development and subdivision |
approval subject to this chapter, unless classified as an administrative subdivision or as a minor |
land development or a minor subdivision. |
(b)(a) Stages of review. Major plan land development and major subdivision review |
consists of three stages of review, master plan, preliminary plan, and final plan, following the pre- |
application meeting(s) specified in § 45-23-35. Also required is a public hearing informational |
meeting and a public meeting at the master plan stage of review or, if combined at the first stage of |
review. |
(c)(b) The planning board may vote to administrative officer may combine review stages |
and to modify and/or but only the planning board may waive requirements as specified in § 45-23- |
62. Review stages may be combined only after the planning board administrative officer determines |
that all necessary requirements have been met by the applicant or that the planning board has |
waived any submission requirements not included by the applicant. |
(c) Master plan review. |
(1) Submission requirements. |
(i) The applicant shall first submit to the administrative officer the items required by the |
local regulations for master plans. |
(ii) 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. |
(iii) Initial comments will be solicited from: |
(A) Local agencies including, but not limited to, the planning department, the department |
of public works, fire and police departments, the conservation and recreation commissions; |
(B) Adjacent communities; |
(C) State agencies, as appropriate, including the departments of environmental |
management and transportation and the coastal resources management council; and |
(D) Federal agencies, as appropriate. The administrative officer shall coordinate review |
and comments by local officials, adjacent communities, and state and federal agencies. |
(iv) Applications requesting relief from the zoning ordinance. |
(A) Applications under this chapter which that require relief which that qualifies only as |
a modification under § 45-24-46 and local ordinances shall proceed by filing a master plan |
application under this section and a request for a modification to the zoning enforcement officer. If |
such modification is granted, the application shall then proceed to be reviewed by the planning |
board pursuant to the applicable requirements of this section. If the modification is denied or an |
objection is received as set forth in § 45-24-46, such application shall proceed under unified |
development plan review pursuant to § 45-23-50.1. |
(B) Applications under this section which that 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 plan review pursuant to § 45-23-50.1. |
(2) Certification. The application must be certified, in writing, complete or incomplete by |
the administrative officer within twenty-five (25) days of the submission, according to the |
provisions of § 45-23-36(bc), so long as a completed checklist of requirements are is provided with |
the submission. 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. |
(3) Technical review committee. To the extent the community utilizes a technical review |
committee, it shall review the application prior to the first planning board meeting and shall |
comment and make recommendations to the planning board. |
(4) Public hearing. |
(i) A public hearing will be held prior to the planning board decision on the master plan. If |
the master plan and preliminary plan review stages are being combined, a public hearing shall be |
held during the combined stage of review. |
(ii) Notice for the public hearing is required and must be given at least fourteen (14) days |
prior to the date of the meeting in a newspaper of local circulation within the municipality. Notice |
must be mailed to the applicant and to all property owners within the notice area, as specified by |
local regulations. |
(iii) At the public hearing, 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. |
(5) Decision. The planning board shall, within ninety (90) 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. |
(6) 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. |
(67) Vesting. |
(i) 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. |
(ii) The initial four-(4)year (4) vesting for the approved master plan constitutes the vested |
rights for the development as required in § 45-24-44. |
(d) Preliminary plan review. |
(1) Submission requirements. |
(i) The applicant shall first submit to the administrative officer the items required by the |
local regulations for preliminary plans. |
(ii) 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, and a perimeter survey. |
(iii) 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. |
(iv) Prior to approval of the preliminary plan, copies of all legal documents describing the |
property, proposed easements, and rights-of-way. |
(v)(i) Prior to approval of the preliminary plan, an applicant must submit all permits |
required by state or federal agencies, 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. For a state permit from the Rhode Island department of |
transportation, a letter evidencing the issuance of such a permit upon the submission of a bond and |
insurance is sufficient, but such actual permit shall be required prior to the issuance of a building |
permit. |
(v) 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). |
(2) Certification. The application will be certified as complete or incomplete by the |
administrative officer within twenty-five (25) days, according to the provisions of § 45-23-36(bc) |
so long as a completed checklist of requirements are is provided with the submission. 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. |
(3) Technical review committee. To the extent the community utilizes a technical review |
committee, it shall review the application prior to the first planning board meeting and shall |
comment and make recommendations to the planning board. |
(4) Public notice. Prior to the first planning board meeting on the preliminary plan, public |
notice shall be sent to abutters only at least fourteen (14) days before the hearing. |
(5) 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. |
(6) 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) 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. Provided that, the timeframe for decision is automatically extended if evidence of |
state permits has not been provided, or otherwise waived in accordance with this section. |
(7) 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. |
(8) 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. |
(e) Final plan. |
(1) Submission requirements. |
(i) 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. |
(ii) Arrangements for completion of the required public improvements, including |
construction schedule and/or financial guarantees. |
(iii) Certification by the tax collector that all property taxes are current. |
(iv) 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. |
(2) Certification. The application for final plan approval shall be certified complete or |
incomplete by the administrative officer in writing, within fifteen (15) days, according to the |
provisions of § 45-23-36(bc) so long as a completed checklist of requirements are is provided with |
the submission. This time period may be extended to 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 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) of this section, the final plan shall be considered approved. |
(3) Decision. The administrative officer, or, if referred to it, the planning board, shall |
review, grant, grant with conditions, or deny final plan approval. A decision shall be issued 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. |
(4) 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. |
(5) 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 § |
45-23-64. Thereafter, the planning board may, for good cause shown, extend the period for |
recording. |
(6) 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. |
(7) 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. |
(f) Modifications and changes to plans. |
(1) Minor changes, as defined in the local regulations, to the plans approved at any stage |
may be approved administratively, by the administrative officer. The changes may be authorized |
without an additional planning board meeting, to the extent applicable, 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 |
recommendation from either the technical review committee or the permitting authority. Denial of |
the proposed change(s) shall be referred to the applicable permitting authority for review as a major |
change. |
(2) Major changes, as defined in the local regulations, to the plans approved at any stage |
may be approved only by the applicable permitting authority and must include a public hearing. |
(3) The administrative officer shall notify the applicant in writing within fourteen (14) days |
of submission of the final plan application if the administrative officer determines the change to be |
a major change of the approved plans. |
(g) Appeal. Decisions under this section shall be considered an appealable decision |
pursuant to § 45-23-71. |
45-23-42. General provisions — Major land development and major subdivision — |
Public hearing and notice General provisions -- Major land development and major |
subdivision -- Public hearing and notice -- Effective January 1, 2024. |
(a) Where a A public hearing is required for a major land development project or a major |
subdivision or where a street extension or creation requires a public hearing for a minor land |
development project or minor subdivision. pursuant to this chapter, the following requirements |
shall apply ;: |
(b)(1) Notice requirements. Public notice of the hearing shall be given at least fourteen (14) |
days prior to the date of the hearing in a newspaper of general circulation within the municipality |
following the municipality’s usual and customary practices for this kind of advertising. Notice shall |
be sent to the applicant and to each owner within the notice area, by certified mail, return receipt |
requested, of the time and place of the hearing not less than ten (10) days prior to the date of the |
hearing. Notice shall also be sent to any individual or entity holding a recorded conservation or |
preservation restriction on the property that is the subject of the application. The notice shall also |
include the street address of the subject property, or if no street address is available, the distance |
from the nearest existing intersection in tenths (1/10’s) of a mile. Local regulations may require a |
supplemental notice that an application for development approval is under consideration be posted |
at the location in question. The posting is for informational purposes only and does not constitute |
required notice of a public hearing. |
(c)(2) Notice area. |
(1)(i) The distance(s) for notice of the public hearing shall be specified in the local |
regulations. The distance may differ by zoning district and scale of development. At a minimum, |
all abutting property owners to the proposed development’s property boundary shall receive notice. |
(2)(ii) Watersheds. Additional notice within watersheds shall also be sent as required in § |
45-23-53(b) and (c). |
(3)(iii) Adjacent municipalities. Notice of the public hearing shall be sent by the |
administrative officer to the administrative officer of an adjacent municipality if: (1) the The notice |
area extends into the adjacent municipality,; or (2) the The development site extends into the |
adjacent municipality,; or (3) there There is a potential for significant negative impact on the |
adjacent municipality. |
(d)(3) Notice cost. The cost of all notice shall be borne by the applicant. |
45-23-50. Special provisions — Development plan review Special provisions -- |
Development plan review -- Effective January 1, 2024. |
(a) Municipalities may provide for development plan review, as defined in §§ 45-23-32 |
and 45-24-49 of the Rhode Island Zoning Enabling Act of 1991, to be subject to as part of the local |
regulations. (b) In these instances, local regulations must include all requirements, procedures, and |
standards necessary for proper review and recommendations of projects subject to development |
plan review to ensure consistency with the intent and purposes of this chapter and with § 45-24-49 |
of the Rhode Island Zoning Enabling Act of 1991. The local regulations and/or ordinances shall |
identify the permitting authority with the responsibility to review and approve applications for |
development plan review, which shall be designated as the planning board, technical review |
committee, or administrative officer. The local regulations and/or ordinances shall provide for |
specific categories of projects that may review and approve an application administratively as well |
as categories which that are required to be heard by the designated planning board, or authorized |
permitting authority. |
(b) The authorized permitting authority may waive requirements for development plan |
approval where there is a change in use or occupancy and no extensive construction of |
improvements is sought. The waiver may be granted only by a decision by the permitting authority |
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. The application |
for a waiver of development plan approval review shall include documentation, as required by the |
permitting authority, on prior use of the site. the proposed use, and its impact. |
(c) The authorized permitting authority may grant waivers of design standards as set forth |
in the local regulations and zoning ordinance. The local regulations shall specifically list what |
limited waivers an administrative officer is authorized to grant as part of their review. |
(d) Review stages. Administrative development plan review consists of one stage of |
review, while formal development plan review consists of two (2) stages of review, preliminary |
and final. The administrative officer may combine the approval stages, providing requirements for |
both stages are met by the applicant to the satisfaction of the administrative officer. |
(1) Application requesting relief from the zoning ordinance. |
(i) Applications under this chapter which that require relief which that qualifies only as a |
modification under § 45-24-46 and local ordinances shall proceed by filing an application under |
this chapter and a request for a modification to the zoning enforcement officer. If such modification |
is granted the application shall then proceed to be reviewed by the administrative officer pursuant |
to the applicable requirements of this section. If the modification is denied or an objection is |
received as set forth in § 45-24-46, such application shall proceed under unified development plan |
review pursuant to § 45-23-50.1. |
(ii) Applications under this section which that 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 plan review pursuant to § 45-23-50.1, and a request for |
review shall accompany the preliminary plan application. |
(e) Submission requirements. Any applicant requesting approval of a proposed |
development under 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 or use variances related to projects qualifying for |
development plan review shall be submitted and reviewed under unified development review |
pursuant to § 45-23-50.1. |
(f) 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 required, according to |
the provisions of § 45-23-36(bc). 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 (10) days after its resubmission. If |
the administrative officer certifies the application as incomplete, the officer shall set forth in writing |
with specificity the missing or incomplete items. |
(g) Timeframes for decision. |
(1) Administrative development plan approval. An application shall be approved, denied, |
or approved with conditions within twenty-five (25) days of the certificate of completeness or |
within any further time that is agreed to in writing by the applicant and administrative officer. |
(2) Formal development plan approval. |
(i) Preliminary plan. Unless the application is reviewed under unified development review, |
the permitting authority 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 permitting authority. |
(ii) Final Plan. For formal development plan approval, the permitting authority shall |
delegate final plan review and approval to the administrative officer. The officer will report its |
actions in writing to the permitting authority at its next regular meeting, to be made part of the |
record. Final The final plan shall be approved or denied 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, in writing. |
(h) Failure to act. Failure of the administrative officer or 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. |
(i) Vested rights. Approval of development plan review shall expire two (2) 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 as specified in § 45-23-64. Validity |
may be extended for an additional period upon application to the administrative officer or |
permitting authority, whichever entity approved the application, upon a showing of good cause. |
(j) Modifications and changes to plans. |
(1) Minor changes, as defined in the local regulations, to the plans approved at any stage |
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 recommendation 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. |
(2) Major changes, as defined in the local regulations, to the plans approved at any stage |
may be approved only by the permitting authority and must follow the same review and hearing |
process required for approval of preliminary plans, which shall include a public hearing. |
(3) The administrative officer shall notify the applicant in writing within fourteen (14) days |
of submission of the final plan application if the administrative officer determines that there has |
been a major change to the approved plans. |
(k) Appeal. A decision under this section shall be considered an appealable decision |
pursuant to § 45-23-71. |
45-23-50.1. Special provisions — Unified development review Special provisions -- |
Unified development review -- Effective January 1, 2024. |
(a) When a A municipal zoning ordinance provides shall provide for unified development |
review pursuant to § 45-24-46.4, and the local regulations must include procedures for the filing, |
review, and approval of applications, pursuant to § 45-24-46.4 and this section. |
(b) Review of variances and special-use permits projects submitted under the unified |
development review provisions of the regulations shall adhere to the procedures, timeframes, and |
standards of the underlying category of the project as listed in § 45-23-36, but shall also include |
the following procedures: |
(1) Minor subdivisions and land-development projects. Except for dimensional relief |
granted by modification as set forth in § 45-23-38, requests Requests for relief from the literal |
requirements of the zoning ordinance variances, and/or for the issuance of special-use permits |
related to minor subdivisions and land-development projects shall be submitted as part of the |
application materials for the preliminary plan stage of review or if combined, for the first stage of |
reviews. A public hearing on the application, including any variance and special-use permit |
requests that meets meet the requirements of subsection (cd) of this section, shall be held prior to |
consideration of the preliminary plan by the planning board or commission. The planning board or |
commission shall conditionally approve or deny the request(s) for the variance(s) and/or special- |
use permit(s) before considering the preliminary plan application for the minor subdivision or land- |
development project. Approval of the variance(s) and/or special-use permit(s) shall be conditioned |
on approval of the final plan of the minor subdivision or land-development project. |
(2) Development plan review. Except for dimensional relief granted by modification as set |
forth in § 45-23-38, 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 land-development projects |
shall be submitted as part of the application materials for the preliminary plan stage of review. A |
public hearing on the application, including any variance and special-use permit requests that meets |
meet the requirements of subsection (cd) of this section, shall be held prior to consideration of the |
preliminary plan by the planning board or commission relevant permitting authority. The planning |
board or commission authorized permitting authority shall conditionally approve or deny the |
request(s) for the variance(s) and/or special-use permit(s) before considering the preliminary plan |
application for the minor subdivision or land-development project. Approval of the variance(s) |
and/or special-use permit(s) shall be conditioned on approval of the final plan of the minor |
subdivision or land-development project. |
(2)(3) Major subdivisions and land-development projects — Master plan. Except for |
dimensional relief granted by modification as set forth in § 45-23-39, requests Requests for relief |
from the literal requirements of the zoning ordinance variances for relief from the literal |
requirements of the zoning ordinance and/or for the issuance of a special-use permit related to |
major subdivisions and land-development projects shall be submitted as part of the application |
materials for the master plan stage of review, or if combined, the first stage of review. A public |
hearing on the application, including any variance and special-use permit requests that meets meet |
the requirements of subsection (cd) of this section, shall be held prior to consideration of the master |
plan by the planning board or commission. The planning board or commission shall conditionally |
approve or deny the requests for the variance(s) and/or special-use permit(s) before considering the |
master plan application for the major subdivision or land-development project. Approval of the |
variance(s) and/or special-use permit(s) shall be conditioned on approval of the final plan of the |
major subdivision or land-development project. |
(34) Major subdivisions and land-development projects — Preliminary plan. During the |
preliminary plan stage of review, applicants shall have the ability to request alteration of any |
variance(s) and/or special-use permit(s) granted by the planning board or commission during the |
master plan stage of review, and/or to request new variance(s) and/or special-use permit(s), based |
on the outcomes of the more detailed planning and design necessary for the preliminary plan. If |
necessary, the applicant shall submit such requests and all supporting documentation along with |
the preliminary plan application materials. If the applicant requests new or additional zoning relief |
at this stage, a A public hearing on the application, including any alterations and new requests, that |
meets the requirements of subsection (cd) of this section, shall be held prior to consideration of the |
preliminary plan by the planning board or commission. The planning board or commission shall |
conditionally approve, amend, or deny the requests for alteration(s), new variance(s) and/or new |
special-use permit(s), before considering the preliminary plan application for the major subdivision |
or land-development project. Approval of the alteration(s), new variance(s), and/or new special- |
use permit(s) shall be conditioned on approval of the final plan of the major subdivision or land- |
development project. If the planning board or commission denies the request for alteration(s), new |
variance(s), and/or new special-use permit(s), the planning board shall have the option of |
remanding the application back to the master plan stage of review. Alternatively, if the planning |
board or commission denies the request for alteration(s), new variance(s), and/or new special-use |
permit(s), the applicant may consent to an extension of the decision period mandated by § 45-23- |
41(f) so that additional information can be provided and reviewed by the board or commission. |
(4)(c) Decision. The time periods by which the planning board or commission must |
approve or deny applications for variances and special-use permits under the unified development |
review provisions of the local regulations shall be the same as the time periods by which the board |
must make a decision on the applicable review stage of the subdivision or land-development |
category of project under review. |
(c)(d) Unless otherwise provided in this chapter all All subdivision and land-development |
applications that include requests for variances and/or special-use permits submitted under the |
development review provisions of the regulations under this section shall require a singular single |
public hearing, held pursuant to subsection (b) of this section. All such The public hearings hearing |
must meet the following requirements: |
(1) Public hearing notice shall adhere to the requirements found in § 45-23-42(b1).; |
(2) The notice area for notice of the public hearing shall be specified in the local |
regulations, and shall, at a minimum, include all property located in or within not less than two |
hundred feet (200′) of the perimeter of the area included in the subdivision and/or land-development |
project. Notice of the public hearing shall be sent by the administrative officer to the administrative |
officer of an adjacent municipality if: (1i) The notice area extends into the adjacent municipality; |
or (2ii) The development site extends into the adjacent municipality; or (3iii) There is a potential |
for significant negative impact on the adjacent municipality. Additional notice within watersheds |
shall also be sent as required in § 45-23-53(b) and (c).; |
(3) Public notice shall indicate that dimensional variance(s), use variance(s), and/or |
special-use permit(s) are to be considered for the subdivision and/or land-development project.; |
and |
(4) The cost of all public notice is to be borne by the applicant. |
(d)(e) The time periods by which the planning board or commission permitting authority |
must approve, approve with conditions, or deny requests for variances and special-use permits |
under the unified development review provisions of a zoning ordinance shall be the same as the |
time periods by which the board must make a decision on the applicable review stage of the |
subdivision or land development underlying type of project under review. |
(f) The expirations period expiration periods of an approval of a variance or special use |
permit granted under this section shall be the same as those set forth in the statute for the underlying |
type of project under review. |
(e) Requests (g) Decisions under this section, including requests for the variance(s) and/or |
special-use permits that are denied by the planning board or commission the permitting authority, |
may be appealed to the board of appeal pursuant to § 45-23-66 45-23-71. |
45-23-55. Administration — The administrative officer Administration -- The |
administrative officer -- Effective January 1, 2024. |
(a) Local administration of the local regulations is under the direction of the administrative |
officer(s), who reports to the planning board. |
(b) The local regulations specify the process of appointment and the responsibilities of the |
administrative officer(s) who oversees and coordinates the review, approval, recording, and |
enforcement provisions of the local regulations. The administrative officer(s) serves as the chair of |
the technical review committee, where established. The local regulations state minimum |
qualifications for this position regarding appropriate education, training, or experience in land use |
planning and site plan review. |
(c) The administrative officer(s) is responsible for coordinating reviews of proposed land |
development projects and subdivisions with adjacent municipalities as is necessary to be consistent |
with applicable federal, state, and local laws and as directed by the planning board. |
(d) The administrative officer(s) has the authority to issue approvals and all other authority |
where specifically set forth in this chapter. |
(d)(e) Enforcement of the local regulations is under the direction of the administrative |
officer(s). The officer(s) is responsible for coordinating the enforcement efforts of the zoning |
enforcement officer, the building inspector, planning department staff, the city or town engineer, |
the department of public works and other local officials responsible for the enforcement or carrying |
out of discrete elements of the regulations. |
45-23-56. Administration — Technical review committee Administration -- Technical |
review committee -- Effective January 1, 2024. |
(a) The planning board may municipality may establish a technical review committee(s) of |
not fewer than three (3) members, to conduct technical reviews of applications subject to their |
jurisdiction. Where a technical review committee is established, the The administrative officer shall |
serve as chairperson. Membership of this subcommittee committee, to be known as the technical |
review committee, or design review committee, may include, but is not limited to, members of the |
planning board, planning department staff, other municipal staff representing departments with |
responsibility for review or enforcement, conservation commissioners, public members, or other |
duly appointed local public commission members. |
(b) If the planning board establishes a technical review committee, the If a municipality |
establishes a technical review committee or committees, the planning board shall adopt written |
procedures establishing the committee’s responsibilities. |
(c) The technical review committee(s) has the authority to issue approvals, make findings, |
and provide recommendations as specifically set forth in this chapter. |
(c)(d) Reports of the technical review committee to the planning board shall be in writing |
and kept as part of the permanent documentation on the development application. In no case shall |
the recommendations of the technical review committee be binding on the planning board in its |
activities or decisions. All reports of the technical review committee shall be made available to the |
applicant prior to the meeting of the planning board meeting at which the reports are first |
considered. |
45-23-62. Procedure — Waivers — Modifications and reinstatement of plans |
Procedure -- Waivers -- Modifications and reinstatement of plans -- Effective January 1, 2024. |
(a) Waiver of development plan approval. |
(1) A planning board may waive requirements for development plan approval where there |
is a change in use or occupancy and no extensive construction of improvements is 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. |
(2) The application for a waiver of development plan approval review shall include |
documentation, as required by the planning board, on prior use of the site, the proposed use, and its |
impact. |
(b) Waiver and/or modification of requirements. The planning board has the power to grant |
waivers and/or modifications from the requirements for land development and subdivision approval |
as may be reasonable and within the general purposes and intents of the provisions for local |
regulations. The only grounds for waivers and/or modifications are where the literal enforcement |
of one or more provisions of the regulations is impracticable and will exact undue hardship because |
of peculiar conditions pertaining to the land in question or where waiver and/or modification is in |
the best interest of good planning practice and/or design as evidenced by consistency with the |
municipality’s comprehensive plan and zoning ordinance. |
(c)(b) Local regulations shall include provisions for an applicant to seek reinstatement of |
development applications when the deadlines set in the local regulations and approval agreements |
for particular actions are exceeded and the development application or approval is therefore |
rendered invalid. Where an approval has expired, the local regulations shall specify the point in the |
review to which the application may be reinstated. |
(d)(c) Decision. The planning board shall approve, approve with conditions, or deny the |
request for either a waiver or modification as described in subsection (a) or (b) in this section, |
according to the requirements of § 45-23-63. |
45-23-67. Appeals — Process of appeal Appeals from decision of administrative |
officer -- Effective January 1, 2024. |
(a) Process and timing. Local regulations adopted pursuant to this chapter shall provide |
that an appeal from any decision of the administrative officer charged in the regulations with |
enforcement of any provisions, except as provided in this section, may be taken to the board of |
appeal by an aggrieved party as set forth in this section. Decisions by the administrative officer |
approving or denying projects under §§ 45-23-38 or § 45-23-50 shall not be subject to this section |
and shall proceed directly to Superior Court superior court as set forth in § 45-23-71. |
(1) An appeal to the board of appeal from a decision or action of the planning board or |
administrative officer may be taken by an aggrieved party to the extent provided in § 45-23-66. |
The appeal must be taken within twenty (20) days after the decision has been recorded in the city’s |
or town’s land evidence records and posted in the office of the city or town clerk. |
(b)(2) The appeal shall be in writing and state clearly and unambiguously the issue or |
decision that is being appealed, the reason for the appeal, and the relief sought. The appeal shall |
either be sent by certified mail, with a return receipt requested, or be hand-delivered to the board |
of appeal. The city or town clerk shall accept delivery of an appeal on behalf of the board of appeal, |
if the local regulations governing land development and subdivision review so provide. |
(c)(3) Upon receipt of an appeal, the board of appeal shall require the planning board or |
administrative officer to immediately transmit to the board of appeal, all papers, documents, and |
plans, or a certified copy thereof, constituting the record of the action which that is being appealed. |
(b) Stay. An appeal stays all proceedings in furtherance of the action being appealed. |
(c) Hearing. |
(1) The board of appeal shall hold a hearing on the appeal within forty-five (45) days of |
the receipt of the appeal, give public notice of the hearing, as well as due notice to the parties of |
interest. At the hearing the parties may appear in person, or be represented by an agent or attorney. |
The board shall render a decision within ten (10) days of the close of the public hearing. The cost |
of any notice required for the hearing shall be borne by the applicant. |
(2) The board of appeal shall only hear appeals of the actions of an administrative officer |
at a meeting called especially for the purpose of hearing the appeals and which that has been so |
advertised. |
(3) The hearing, which may be held on the same date and at the same place as a meeting |
of the zoning board of review, must be held as a separate meeting from any zoning board of review |
meeting. Separate minutes and records of votes as required by § 45-23-70(d) shall be maintained |
by the board of appeal. |
(d) Standards of Review. |
(1) As established by this chapter, in instances of a board of appeal's review of an |
administrative officer's decision on matters subject to this chapter, the board of appeal shall not |
substitute its own judgment for that of the administrative officer but must consider the issue upon |
the findings and record of the administrative officer. The board of appeal shall not reverse a |
decision of the administrative officer except on a finding of prejudicial procedural error, clear error, |
or lack of support by the weight of the evidence in the record. |
(2) The concurring vote of three (3) of the five (5) members of the board of appeal sitting |
at a hearing, is necessary to reverse any decision of the administrative officer. |
(3) In the instance where the board of appeal overturns a decision of the administrative |
officer, the proposed project application is remanded to the administrative officer, at the stage of |
processing from which the appeal was taken, for further proceedings before the administrative |
officer and/or for the final disposition, which shall be consistent with the board of appeal's decision. |
(4) The board of appeal shall keep complete records of all proceedings including a record |
of all votes taken, and shall put all decisions on appeals in writing. The board of appeal shall include |
in the written record the reasons for each decision. |
45-23-71. Appeals to the superior court Appeals to the superior court -- Effective |
January 1, 2024. |
(a) An aggrieved party may appeal a decision of the board of appeal, a decision of an |
administrative officer made pursuant to §§ 45-23-38 or § 45-23-50 where authorized to approve or |
deny an application,; a decision of the technical review committee, where authorized to approve or |
deny an application,; or a decision of the planning board, to the superior court for the county in |
which the municipality is situated by filing a complaint stating the reasons of for the appeal within |
twenty (20) days after the decision has been recorded and posted in the office of the city or town |
clerk. Recommendations by any public body or officer under this chapter are not appealable under |
this section. The board of appeal authorized permitting authority shall file the original documents |
acted upon by it and constituting the record of the case appealed from, or certified copies of the |
original documents, together with any other facts that may be pertinent, with the clerk of the court |
within thirty (30) days after being served with a copy of the complaint. When the complaint is filed |
by someone other than the original applicant or appellant, the original applicant or appellant and |
the members of the planning board shall be made parties to the proceedings. No responsive pleading |
is required for an appeal filed pursuant to this section. The appeal does not stay proceedings upon |
the decision appealed from, but the court may, in its discretion, grant a stay on appropriate terms |
and make any other orders that it deems necessary for an equitable disposition of the appeal. |
(b) Appeals from a decision granting or denying approval of a final plan shall be limited to |
elements of the approval or disapproval not contained in the decision reached by the planning board |
at the preliminary stage; providing that, a public hearing has been held on the plan, if required |
pursuant to this chapter. |
(c) The review shall be conducted by the superior court without a jury. The court shall |
consider the record of the hearing before the planning board and, if it appear appears to the court |
that additional evidence is necessary for the proper disposition of the matter, it may allow any party |
to the appeal to present evidence in open court, which evidence, along with the report, shall |
constitute the record upon which the determination of the court shall be made. |
(c)(d) The court shall not substitute its judgment for that of the planning board as to the |
weight of the evidence on questions of fact. The court may affirm the decision of the board of |
appeal or remand the case for further proceedings, or may reverse or modify the decision if |
substantial rights of the appellant have been prejudiced because of findings, inferences, |
conclusions, or decisions which that are: |
(1) In violation of constitutional, statutory, ordinance, or planning board regulations |
provisions; |
(2) In excess of the authority granted to the planning board by statute or ordinance; |
(3) Made upon unlawful procedure; |
(4) Affected by other error of law; |
(5) Clearly erroneous in view of the reliable, probative, and substantial evidence of the |
whole record; or |
(6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted |
exercise of discretion. |
SECTION 2. Sections 45-24-31, 45-24-46.4, 45-24-47, 45-24-49 and 45-24-58 of the |
General Laws in Chapter 45-24 entitled "Zoning Ordinances" are hereby amended to read as |
follows: |
45-24-31. Definitions Definitions --Effective January 1, 2024. |
Where words or terms used in this chapter are defined in § 45-22.2-4 or § 45-23-32, they |
have the meanings stated in that section. In addition, the following words have the following |
meanings. Additional words and phrases may be used in developing local ordinances under this |
chapter; however, the words and phrases defined in this section are controlling in all local |
ordinances created under this chapter: |
(1) Abutter. One whose property abuts, that is, adjoins at a border, boundary, or point with |
no intervening land. |
(2) Accessory dwelling unit (ADU). A residential living unit on the same parcel where the |
primary use is a legally established single-unit or multi-unit dwelling. An ADU provides complete |
independent living facilities for one or more persons. It may take various forms including, but not |
limited to: a detached unit; a unit that is part of an accessory structure, such as a detached garage; |
or a unit that is part of an expanded or remodeled primary dwelling. |
(3) Accessory use. A use of land or of a building, or portion thereof, customarily incidental |
and subordinate to the principal use of the land or building. An accessory use may be restricted to |
the same lot as the principal use. An accessory use shall not be permitted without the principal use |
to which it is related. |
(4) Aggrieved party. An aggrieved party, for purposes of this chapter, shall be: |
(i) Any person, or persons, or entity, or entities, who or that can demonstrate that his, her, |
or its property will be injured by a decision of any officer or agency responsible for administering |
the zoning ordinance of a city or town; or |
(ii) Anyone requiring notice pursuant to this chapter. |
(5) Agricultural land. “Agricultural land,” as defined in § 45-22.2-4. |
(6) Airport hazard area. “Airport hazard area,” as defined in § 1-3-2. |
(7) Applicant. An owner, or authorized agent of the owner, submitting an application or |
appealing an action of any official, board, or agency. |
(8) Application. The completed form, or forms, and all accompanying documents, exhibits, |
and fees required of an applicant by an approving authority for development review, approval, or |
permitting purposes. |
(9) Buffer. Land that is maintained in either a natural or landscaped state, and is used to |
screen or mitigate the impacts of development on surrounding areas, properties, or rights-of-way. |
(10) Building. Any structure used or intended for supporting or sheltering any use or |
occupancy. |
(11) Building envelope. The three-dimensional space within which a structure is permitted |
to be built on a lot and that is defined by regulations governing building setbacks, maximum height, |
and bulk; by other regulations; or by any combination thereof. |
(12) Building height. For a vacant parcel of land, building height shall be measured from |
the average, existing-grade elevation where the foundation of the structure is proposed. For an |
existing structure, building height shall be measured from average grade taken from the outermost |
four (4) corners of the existing foundation. In all cases, building height shall be measured to the top |
of the highest point of the existing or proposed roof or structure. This distance shall exclude spires, |
chimneys, flag poles, and the like. For any property or structure located in a special flood hazard |
area, as shown on the official FEMA Flood Insurance Rate Maps (FIRMs), or depicted on the |
Rhode Island coastal resources management council (CRMC) suggested design elevation three foot |
(3′) sea level rise (CRMC SDE 3 SLR) map as being inundated during a one-hundred-year (100) |
storm, the greater of the following amounts, expressed in feet, shall be excluded from the building |
height calculation: |
(i) The base flood elevation on the FEMA FIRM plus up to five feet (5′) of any utilized or |
proposed freeboard, less the average existing grade elevation; or |
(ii) The suggested design elevation as depicted on the CRMC SDE 3 SLR map during a |
one-hundred-year (100) storm, less the average existing grade elevation. CRMC shall reevaluate |
the appropriate suggested design elevation map for the exclusion every ten (10) years, or as |
otherwise necessary. |
(13) Cluster. A site-planning technique that concentrates buildings in specific areas on the |
site to allow the remaining land to be used for recreation, common open space, and/or preservation |
of environmentally, historically, culturally, or other sensitive features and/or structures. The |
techniques used to concentrate buildings shall be specified in the ordinance and may include, but |
are not limited to, reduction in lot areas, setback requirements, and/or bulk requirements, with the |
resultant open land being devoted by deed restrictions for one or more uses. Under cluster |
development, there is no increase in the number of lots that would be permitted under conventional |
development except where ordinance provisions include incentive bonuses for certain types or |
conditions of development. |
(14) Common ownership. Either: |
(i) Ownership by one or more individuals or entities in any form of ownership of two (2) |
or more contiguous lots; or |
(ii) Ownership by any association (ownership may also include a municipality) of one or |
more lots under specific development techniques. |
(15) Community residence. A home or residential facility where children and/or adults |
reside in a family setting and may or may not receive supervised care. This does not include halfway |
houses or substance-use-disorder-treatment facilities. This does include, but is not limited to, the |
following: |
(i) Whenever six (6) or fewer children or adults with intellectual and/or developmental |
disability reside in any type of residence in the community, as licensed by the state pursuant to |
chapter 24 of title 40.1. All requirements pertaining to local zoning are waived for these community |
residences; |
(ii) A group home providing care or supervision, or both, to not more than eight (8) persons |
with disabilities, and licensed by the state pursuant to chapter 24 of title 40.1; |
(iii) A residence for children providing care or supervision, or both, to not more than eight |
(8) children, including those of the caregiver, and licensed by the state pursuant to chapter 72.1 of |
title 42; |
(iv) A community transitional residence providing care or assistance, or both, to no more |
than six (6) unrelated persons or no more than three (3) families, not to exceed a total of eight (8) |
persons, requiring temporary financial assistance, and/or to persons who are victims of crimes, |
abuse, or neglect, and who are expected to reside in that residence not less than sixty (60) days nor |
more than two (2) years. Residents will have access to, and use of, all common areas, including |
eating areas and living rooms, and will receive appropriate social services for the purpose of |
fostering independence, self-sufficiency, and eventual transition to a permanent living situation. |
(16) Comprehensive plan. The comprehensive plan adopted and approved pursuant to |
chapter 22.2 of this title and to which any zoning adopted pursuant to this chapter shall be in |
compliance. |
(17) Day care — Daycare center. Any other daycare center that is not a family daycare |
home. |
(18) Day care — Family daycare home. Any home, other than the individual’s home, in |
which day care in lieu of parental care or supervision is offered at the same time to six (6) or less |
individuals who are not relatives of the caregiver, but may not contain more than a total of eight |
(8) individuals receiving day care. |
(19) Density, residential. The number of dwelling units per unit of land. |
(20) Development. The construction, reconstruction, conversion, structural alteration, |
relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; |
or any change in use, or alteration or extension of the use, of land. |
(21) Development plan review. The process whereby authorized, local officials review the |
site plans, maps, and other documentation of a development to determine the compliance with the |
stated purposes and standards of the ordinance. See §§ 45-23-32 and 45-23-50. |
(22) District. See “zoning-use district.” |
(23) Drainage system. A system for the removal of water from land by drains, grading, or |
other appropriate means. These techniques may include runoff controls to minimize erosion and |
sedimentation during and after construction or development; the means for preserving surface and |
groundwaters; and the prevention and/or alleviation of flooding. |
(24) Dwelling unit. A structure, or portion of a structure, providing complete, independent |
living facilities for one or more persons, including permanent provisions for living, sleeping, eating, |
cooking, and sanitation, and containing a separate means of ingress and egress. |
(25) Extractive industry. The extraction of minerals, including: solids, such as coal and |
ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes |
quarrying; well operation; milling, such as crushing, screening, washing, and flotation; and other |
preparation customarily done at the extraction site or as a part of the extractive activity. |
(26) Family member. A person, or persons, related by blood, marriage, or other legal |
means, including, but not limited to, a child, parent, spouse, mother-in-law, father-in-law, |
grandparents, grandchildren, domestic partner, sibling, care recipient, or member of the household. |
(27) Floating zone. An unmapped zoning district adopted within the ordinance that is |
established on the zoning map only when an application for development, meeting the zone |
requirements, is approved. |
(28) Floodplains, or Flood hazard area. As defined in § 45-22.2-4. |
(29) Freeboard. A factor of safety expressed in feet above the base flood elevation of a |
flood hazard area for purposes of floodplain management. Freeboard compensates for the many |
unknown factors that could contribute to flood heights, such as wave action, bridge openings, and |
the hydrological effect of urbanization of the watershed. |
(30) Groundwater. “Groundwater” and associated terms, as defined in § 46-13.1-3. |
(31) Halfway house. A residential facility for adults or children who have been |
institutionalized for criminal conduct and who require a group setting to facilitate the transition to |
a functional member of society. |
(32) Hardship. See § 45-24-41. |
(33) Historic district or historic site. As defined in § 45-22.2-4. |
(34) Home occupation. Any activity customarily carried out for gain by a resident, |
conducted as an accessory use in the resident’s dwelling unit. |
(35) Household. One or more persons living together in a single-dwelling unit, with |
common access to, and common use of, all living and eating areas and all areas and facilities for |
the preparation and storage of food within the dwelling unit. The term “household unit” is |
synonymous with the term “dwelling unit” for determining the number of units allowed within any |
structure on any lot in a zoning district. An individual household shall consist of any one of the |
following: |
(i) A family, which may also include servants and employees living with the family; or |
(ii) A person or group of unrelated persons living together. The maximum number may be |
set by local ordinance, but this maximum shall not be less than three (3). |
(36) Incentive zoning. The process whereby the local authority may grant additional |
development capacity in exchange for the developer’s provision of a public benefit or amenity as |
specified in local ordinances. |
(37) Infrastructure. Facilities and services needed to sustain residential, commercial, |
industrial, institutional, and other activities. |
(38) Land-development project. As defined in § 45-23-32. A project in which one or more |
lots, tracts, or parcels of land are developed or redeveloped as a coordinated site for one or more |
uses, units, or structures, including, but not limited to, planned development or cluster development |
for residential, commercial, institutional, recreational, open space, or mixed uses as provided in the |
zoning ordinance. |
(39) Lot. Either: |
(i) The basic development unit for determination of lot area, depth, and other dimensional |
regulations; or |
(ii) A parcel of land whose boundaries have been established by some legal instrument, |
such as a recorded deed or recorded map, and that is recognized as a separate legal entity for |
purposes of transfer of title. |
(40) Lot area. The total area within the boundaries of a lot, excluding any street right-of- |
way, usually reported in acres or square feet. |
(41) Lot area, minimum. The smallest land area established by the local zoning ordinance |
upon which a use, building, or structure may be located in a particular zoning district. |
(42) Lot building coverage. That portion of the lot that is, or may be, covered by buildings |
and accessory buildings. |
(43) Lot depth. The distance measured from the front lot line to the rear lot line. For lots |
where the front and rear lot lines are not parallel, the lot depth is an average of the depth. |
(44) Lot frontage. That portion of a lot abutting a street. A zoning ordinance shall specify |
how noncontiguous frontage will be considered with regard to minimum frontage requirements. |
(45) Lot line. A line of record, bounding a lot, that divides one lot from another lot or from |
a public or private street or any other public or private space and shall include: |
(i) Front: the lot line separating a lot from a street right-of-way. A zoning ordinance shall |
specify the method to be used to determine the front lot line on lots fronting on more than one |
street, for example, corner and through lots; |
(ii) Rear: the lot line opposite and most distant from the front lot line, or in the case of |
triangular or otherwise irregularly shaped lots, an assumed line at least ten feet (10′) in length |
entirely within the lot, parallel to and at a maximum distance from, the front lot line; and |
(iii) Side: any lot line other than a front or rear lot line. On a corner lot, a side lot line may |
be a street lot line, depending on requirements of the local zoning ordinance. |
(46) Lot size, minimum. Shall have the same meaning as “minimum lot area” defined |
herein. |
(47) Lot, through. A lot that fronts upon two (2) parallel streets, or that fronts upon two (2) |
streets that do not intersect at the boundaries of the lot. |
(48) Lot width. The horizontal distance between the side lines of a lot measured at right |
angles to its depth along a straight line parallel to the front lot line at the minimum front setback |
line. |
(49) Mere inconvenience. See § 45-24-41. |
(50) Mixed use. A mixture of land uses within a single development, building, or tract. |
(51) Modification. Permission granted and administered by the zoning enforcement officer |
of the city or town, and pursuant to the provisions of this chapter to grant a dimensional variance |
other than lot area requirements from the zoning ordinance to a limited degree as determined by |
the zoning ordinance of the city or town, but not to exceed twenty-five percent (25%) of each of |
the applicable dimensional requirements. |
(52) Nonconformance. A building, structure, or parcel of land, or use thereof, lawfully |
existing at the time of the adoption or amendment of a zoning ordinance and not in conformity with |
the provisions of that ordinance or amendment. Nonconformance is of only two (2) types: |
(i) Nonconforming by use: a lawfully established use of land, building, or structure that is |
not a permitted use in that zoning district. A building or structure containing more dwelling units |
than are permitted by the use regulations of a zoning ordinance is nonconformity by use; or |
(ii) Nonconforming by dimension: a building, structure, or parcel of land not in compliance |
with the dimensional regulations of the zoning ordinance. Dimensional regulations include all |
regulations of the zoning ordinance, other than those pertaining to the permitted uses. A building |
or structure containing more dwelling units than are permitted by the use regulations of a zoning |
ordinance is nonconforming by use; a building or structure containing a permitted number of |
dwelling units by the use regulations of the zoning ordinance, but not meeting the lot area per |
dwelling unit regulations, is nonconforming by dimension. |
(53) Overlay district. A district established in a zoning ordinance that is superimposed on |
one or more districts or parts of districts. The standards and requirements associated with an overlay |
district may be more or less restrictive than those in the underlying districts consistent with other |
applicable state and federal laws. |
(54) Performance standards. A set of criteria or limits relating to elements that a particular |
use or process must either meet or may not exceed. |
(55) Permitted use. A use by right that is specifically authorized in a particular zoning |
district. |
(56) Planned development. A “land-development project,” as defined in subsection (38), |
and developed according to plan as a single entity and containing one or more structures or uses |
with appurtenant common areas. |
(57) Plant agriculture. The growing of plants for food or fiber, to sell or consume. |
(58) Preapplication conference. A review meeting of a proposed development held between |
applicants and reviewing agencies as permitted by law and municipal ordinance, before formal |
submission of an application for a permit or for development approval. |
(59) Setback line or lines. A line, or lines, parallel to a lot line at the minimum distance of |
the required setback for the zoning district in which the lot is located that establishes the area within |
which the principal structure must be erected or placed. |
(60) Site plan. The development plan for one or more lots on which is shown the existing |
and/or the proposed conditions of the lot. |
(61) Slope of land. The grade, pitch, rise, or incline of the topographic landform or surface |
of the ground. |
(62) Special use. A regulated use that is permitted pursuant to the special-use permit issued |
by the authorized governmental entity, pursuant to § 45-24-42. Formerly referred to as a special |
exception. |
(63) Structure. A combination of materials to form a construction for use, occupancy, or |
ornamentation, whether installed on, above, or below the surface of land or water. |
(64) Substandard lot of record. Any lot lawfully existing at the time of adoption or |
amendment of a zoning ordinance and not in conformance with the dimensional or area provisions |
of that ordinance. |
(65) Use. The purpose or activity for which land or buildings are designed, arranged, or |
intended, or for which land or buildings are occupied or maintained. |
(66) Variance. Permission to depart from the literal requirements of a zoning ordinance. |
An authorization for the construction or maintenance of a building or structure, or for the |
establishment or maintenance of a use of land, that is prohibited by a zoning ordinance. There are |
only two (2) categories of variance, a use variance or a dimensional variance. |
(i) Use variance. Permission to depart from the use requirements of a zoning ordinance |
where the applicant for the requested variance has shown by evidence upon the record that the |
subject land or structure cannot yield any beneficial use if it is to conform to the provisions of the |
zoning ordinance. |
(ii) Dimensional variance. Permission to depart from the dimensional requirements of a |
zoning ordinance, where the applicant for the requested relief has shown, by evidence upon the |
record, that there is no other reasonable alternative way to enjoy a legally permitted beneficial use |
of the subject property unless granted the requested relief from the dimensional regulations. |
However, the fact that a use may be more profitable or that a structure may be more valuable after |
the relief is granted are not grounds for relief. |
(67) Waters. As defined in § 46-12-1(23). |
(68) Wetland, coastal. As defined in § 45-22.2-4. |
(69) Wetland, freshwater. As defined in § 2-1-20. |
(70) Zoning certificate. A document signed by the zoning-enforcement officer, as required |
in the zoning ordinance, that acknowledges that a use, structure, building, or lot either complies |
with, or is legally nonconforming to, the provisions of the municipal zoning ordinance or is an |
authorized variance or modification therefrom. |
(71) Zoning map. The map, or maps, that are a part of the zoning ordinance and that |
delineate the boundaries of all mapped zoning districts within the physical boundary of the city or |
town. |
(72) Zoning ordinance. An ordinance enacted by the legislative body of the city or town |
pursuant to this chapter and in the manner providing for the adoption of ordinances in the city or |
town’s legislative or home rule charter, if any, that establish regulations and standards relating to |
the nature and extent of uses of land and structures; that is consistent with the comprehensive plan |
of the city or town as defined in chapter 22.2 of this title; that includes a zoning map; and that |
complies with the provisions of this chapter. |
(73) Zoning-use district. The basic unit in zoning, either mapped or unmapped, to which a |
uniform set of regulations applies, or a uniform set of regulations for a specified use. Zoning-use |
districts include, but are not limited to: agricultural, commercial, industrial, institutional, open |
space, and residential. Each district may include sub-districts. Districts may be combined. |
45-24-46.4. Special provisions — Unified development review Special provisions -- |
Unified development review -- Effective January 1, 2024. |
(a) A zoning ordinance may shall provide that review and approval of decision on |
dimensional variances, use variances, and/or special-use permits for properties undergoing review |
which qualifies for unified development review by the planning board or commission as land |
development or subdivision projects pursuant to § 45-23-36 authorized permitting authority, be |
conducted and decided by the planning board or commission authorized permitting authority. This |
process is to be known as unified development review. |
(b) If unified development review is desired, such review must be enabled within the |
zoning ordinance, in accordance with this section, and the The local subdivision and land- |
development regulations must be brought into conformance, ordinance and regulation shall provide |
for the application and review process pursuant to § 45-23-50.1. |
(c) A zoning ordinance that provides for unified development review shall: |
(1) Specify which types of zoning approval Empower the planning board or commission |
shall be empowered authorized permitting authority to grant, grant with conditions, or deny zoning |
relief for which types of projects ; and |
(2) Provide that any person, group, agency, or corporation that files an application for an |
included land development or subdivision a project under this section may shall also file specific |
requests for relief from the literal requirements of a zoning ordinance on the subject property, |
pursuant to § 45-24-41, and/or for the issuance of special-use permits for the subject property, |
pursuant to § 45-24-42, by including such within the application to the administrative officer of the |
planning board or commission with the other required application materials, pursuant to § 45-23- |
50.1(b). |
(d) A zoning ordinance that provides for unified development review may specify design, |
use, public benefit, or other relevant criteria that must be met in order for an application to qualify |
for review under the unified development review provisions of the zoning ordinance. Certification |
as to whether an application meets the established criteria shall be conducted in conjunction with, |
and following the time lines outlined for, certification of completeness of the application, pursuant |
to §§ 45-23-38(c), 45-23-40(b), or 45-23-41(b). |
(e)(d) (e) All land development and subdivision applications that include requests for |
variances and/or special-use permits submitted pursuant to this section shall require a public |
hearing that meets the requirements of §§ 45-23-50.1(b) and 45-23-50.1(c). |
(f)(e) (f) In granting requests for dimensional and use variances, the planning board or |
commission authorized permitting authority shall be bound to the requirements of §§ 45-24-41(d) |
and 45-24-41(e) § 45-24-41 relative to entering evidence into the record in satisfaction of the |
applicable standards. |
(g)(f) (g) In reviewing requests for special-use permits, the planning board or commission |
authorized permitting authority shall be bound to the conditions and procedures under which a |
special-use permit may be issued and the criteria for the issuance of such permits, as found within |
the zoning ordinance pursuant to §§ 45-24-42(b)(1), 45-24-42(b)(2) and 45-24-42(b)(3) § 45-24- |
42, and shall be required to provide for the recording of findings of fact and written decisions as |
described in the zoning ordinance pursuant to § 45-24-42(b)(5) § 45-24-42. |
(h)(g) (h) An appeal from any decision made pursuant to this section may be taken pursuant |
to § 45-23-66 § 45-24-71. |
45-24-47. Special provisions -- Land development projects Special provisions -- Land |
development projects -- Effective January 1, 2024. |
(a) A zoning ordinance may shall provide for land development projects which are projects |
in which one or more lots, tracts, or parcels of land are to be developed or redeveloped as a |
coordinated site for a complex of uses, units, or structures, including, but not limited to, planned |
development and/or cluster development for residential, commercial, institutional, industrial, |
recreational, open space, and/or mixed uses as may be provided for in the zoning ordinance are |
defined in § 45-23-32. |
(b) A zoning ordinance adopted pursuant to this chapter which that permits or requires the |
creation of land development projects in one or more zoning districts shall require that any land |
development project is referred to the city or town planning board or commission for approval shall |
be reviewed, in accordance with the procedures established by chapter 23 of this title, including |
those for appeal and judicial review, and with any ordinances or regulations adopted pursuant to |
the procedures, whether or not the land development project constitutes a “subdivision,”, as defined |
in chapter 23 of this title. No land development project shall be initiated until a plan of the project |
has been submitted to the planning board or commission and approval has been granted by the |
planning board or commission authorized permitting authority. In reviewing, hearing, and deciding |
upon a land development project, the city or town planning board or commission the authorized |
permitting authority may be empowered to allow zoning incentives within the project; provided, |
that standards for the adjustments zoning incentives are described in the zoning ordinance, and may |
be empowered to apply any special conditions and stipulations to the approval that may, in the |
opinion of the planning board or commission authorized permitting authority, be required to |
maintain harmony with neighboring uses and promote the objectives and purposes of the |
comprehensive plan and zoning ordinance. |
(c) In regulating land development projects, an ordinance adopted pursuant to this chapter |
may include, but is not limited to, regulations governing the following: |
(1) A minimum area or site size for a land development project; |
(2) Uses to be permitted within the development; |
(3) Ratios of residential to nonresidential uses where applicable; |
(4) Maximum density per lot and maximum density for the entire development, with; |
(5) Roads, driveways, utilities, parking, and other facilities; regulations may distinguish |
between those facilities intended to remain in private ownership or to be dedicated to the public; |
and |
(6) Buffer areas, landscaping, screening, and shading. |
(d) In regulating land development projects, an ordinance adopted pursuant to this chapter |
shall include provisions for zoning incentives which that include the adjustment of applicable lot |
density and dimensional standards where open space is to be permanently set aside for public or |
common use, and/or where the physical characteristics, location, or size of the site require an |
adjustment, and/or where the location, size, and type of housing, commercial, industrial, or other |
use require an adjustment, and/or where housing for low and moderate income families is to be |
provided, or where other amenities not ordinarily required are provided, as stipulated in the zoning |
ordinance. Provision may be made for adjustment of applicable lot density and dimensional |
standards for payment or donation of other land or facilities in lieu of an on-site provision of an |
amenity that would, if provided on-site, enable an adjustment;. |
(5) Roads, driveways, utilities, parking, and other facilities; regulations may distinguish |
between those facilities intended to remain in private ownership or to be dedicated to the public; |
and |
(6) Buffer areas, landscaping, screening, and shading. |
(d)(e)(1) A zoning ordinance requiring open land in a cluster development or other land |
development project for public or common use, shall provide that such open land either: (i) be Be |
conveyed to the city or town and accepted by it for park, open space, agricultural, or other specified |
use or uses,; or (ii) be Be conveyed to a nonprofit organization, the principal purpose of which is |
the conservation of open space or resource protection,; or (iii) be Be conveyed to a corporation or |
trust owned or to be owned by the owners of lots or units within the development, or owners of |
shares within a cooperative development. If such a corporation or trust is used, ownership shall |
pass with conveyances of the lots or units,; or (iv) remain Remain in private ownership if the use |
is limited to agriculture, habitat or forestry, and the city or town has set forth in its community |
comprehensive plan and zoning ordinance that private ownership is necessary for the preservation |
and management of the agricultural, habitat or forest resources. |
(2) In any case where the land is not conveyed to the city or town: |
(i) A restriction, in perpetuity, enforceable by the city or town or by any owner of property |
in the cluster or other land development project in which the land is located shall be recorded |
providing that the land is kept in the authorized condition(s) and not built upon or developed for |
accessory uses such as parking or roadway; and |
(ii) The developmental rights and other conservation easements on the land may be held, |
in perpetuity, by a nonprofit organization, the principal purpose of which is the conservation of |
open space or resource protection. |
(3) All open space land provided by a cluster development or other land development |
project shall be subject to a community-approved management plan that will specify the permitted |
uses for the open space. |
45-24-49. Special provisions — Development plan review Special provisions -- |
Development plan review -- Effective January 1, 2024. |
(a) A zoning ordinance may shall permit development plan review of applications for uses |
requiring a special-use permit, a variance, a zoning ordinance amendment, and/or a zoning map |
change. The review shall be conducted by the planning board or commission and shall be advisory |
to the permitting authority. pursuant to § 45-23-50, (b) A zoning ordinance may permit |
development plan review of applications for uses that are permitted by right under the zoning |
ordinance, but the review shall only be based on specific and objective guidelines which must be |
stated in the zoning ordinance. The review body permitting authority shall also be set forth in and |
be established by the zoning ordinance. A rejection of the application shall be considered an |
appealable decision pursuant to § 45-24-64. |
(b) The permitting authority may grant relief from the zoning ordinance and may grant |
zoning incentives under specific conditions set forth in the zoning ordinance. |
(c) Nothing in this subsection shall be construed to permit waivers of any regulations unless |
approved by the permitting authority pursuant to the local ordinance and this act. |
45-24-58. Administration -- Application procedure Administration -- Application |
procedure -- Effective January 1, 2024. |
The zoning ordinance establishes the various application procedures necessary for the |
filing of appeals, requests for variances, special-use permits, development plan reviews, site plan |
reviews, and other applications that may be specified in the zoning ordinance as allowed by this |
chapter, with the zoning board of review, consistent with the provisions of this chapter. The zoning |
ordinance provides for the creation of appropriate forms, and for the submission and resubmission |
requirements, for each type of application required. A zoning ordinance may establish that a time |
period of a certain number of months is required to pass before a successive similar application |
may be filed. |
SECTION 3. Sections 45-23-34, 45-23-40, 45-23-41, 45-23-43, 45-23-49, 45-23-66, 45- |
23-68, 45-23-69 and 45-23-70 of the General Laws in Chapter 45-23 entitled "Subdivision of Land" |
are hereby repealed as of January 1, 2024. |
45-23-34. General provisions — Definitions. |
Local regulations adopted pursuant to this chapter shall provide definitions for words or |
phrases contained in the regulations as is deemed appropriate. Where words or phrases used in any |
local regulations, whether or not defined in those regulations, are substantially similar to words or |
phrases defined in § 45-23-32 of this chapter, or § 45-22.2-4 of the Comprehensive Planning and |
Land Use Act or § 45-24-31 of the Zoning Enabling Act of 1991 the words or phrases shall be |
construed according to the definitions provided in those sections of the law. |
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. |
(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) 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) 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 |
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). |
(b) Certification. The application will be certified as complete or incomplete by the |
administrative officer within twenty-five (25) 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) 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 |
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) days, according to the |
provisions of § 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. |
(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 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. |
45-23-49. Special provisions — Land development projects. |
(a) If municipalities provide for land development projects, as defined in § 45-24-47 of the |
Rhode Island Zoning Enabling Act of 1991, the projects are subject to the local regulations. |
(b) In these instances, the local regulations must include all requirements, procedures and |
standards necessary for proper review and approval of land development projects to ensure |
consistency with the intent and purposes of this chapter and with § 45-24-47 of the Rhode Island |
Zoning Enabling Act of 1991. |
45-23-66. Appeals — Right of appeal. |
(a) Local regulations adopted pursuant to this chapter shall provide that an appeal from any |
decision of the planning board, or administrative officer charged in the regulations with |
enforcement of any provisions, except as provided in this section, may be taken to the board of |
appeal by an aggrieved party. Appeals from a decision granting or denying approval of a final plan |
shall be limited to elements of the approval or disapproval not contained in the decision reached by |
the planning board at the preliminary stage, providing that a public hearing has been held on the |
plan pursuant to § 45-23-42. |
(b) Local regulations adopted pursuant to this chapter shall provide that an appeal from a |
decision of the board of appeal may be taken by an aggrieved party to the superior court for the |
county in which the municipality is situated. |
45-23-68. Appeals — Stay of proceedings. |
An appeal stays all proceedings in furtherance of the action being appealed. |
45-23-69. Appeals — Public hearing. |
(a) The board of appeal shall hold a public hearing on the appeal within forty-five (45) days |
of the receipt of the appeal, give public notice of the hearing, as well as due notice to the parties of |
interest. At the hearing any party may appear in person, or be represented by an agent or attorney. |
The board shall render a decision within ten (10) days of the close of the public hearing. The cost |
of any notice required for the hearing shall be borne by the applicant. |
(b) The board of appeal shall only hear appeals of the actions of a planning board or |
administrative officer at a meeting called especially for the purpose of hearing the appeals and |
which has been so advertised. |
(c) The hearing, which may be held on the same date and at the same place as a meeting of |
the zoning board of review, must be held as a separate meeting from any zoning board of review |
meeting. Separate minutes and records of votes as required by § 45-23-70(d) shall be maintained |
by the board of appeal. |
45-23-70. Appeals — Standards of review. |
(a) As established by this chapter, in instances of a board of appeal’s review of a planning |
board or administrative officer’s decision on matters subject to this chapter, the board of appeal |
shall not substitute its own judgment for that of the planning board or the administrative officer but |
must consider the issue upon the findings and record of the planning board or administrative officer. |
The board of appeal shall not reverse a decision of the planning board or administrative officer |
except on a finding of prejudicial procedural error, clear error, or lack of support by the weight of |
the evidence in the record. |
(b) The concurring vote of three (3) of the five (5) members of the board of appeal sitting |
at a hearing, is necessary to reverse any decision of the planning board or administrative officer. |
(c) In the instance where the board of appeal overturns a decision of the planning board or |
administrative officer, the proposed project application is remanded to the planning board or |
administrative officer, at the stage of processing from which the appeal was taken, for further |
proceedings before the planning board or administrative officer and/or for the final disposition, |
which shall be consistent with the board of appeal’s decision. |
(d) The board of appeal shall keep complete records of all proceedings including a record |
of all votes taken, and shall put all decisions on appeals in writing. The board of appeal shall include |
in the written record the reasons for each decision. |
SECTION 4. This act shall take effect on January 1, 2024. |
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LC002501/SUB A |
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