Title 45
Towns and Cities

Chapter 23
Subdivision of Land

§ 45-23-42. General provisions — Major land development and major subdivision — Public hearing and notice. [Effective until January 1, 2024.]

(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.

(b) 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 local circulation within the municipality following the municipality’s usual and customary practices for this kind of advertising. The same notice shall be posted in the town or city clerk’s office and one other municipal building in the municipality and the municipality must make the notice accessible on the municipal home page of its website at least fourteen (14) days prior to the hearing. Notice shall be sent to the applicant and to each owner within the notice area, by first class mail, 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 at least fourteen (14) days prior to the hearing. 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. For any notice sent by first-class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing.

(c) Notice area.

(1) 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) Watersheds. Additional notice within watersheds shall also be sent as required in § 45-23-53(b) and (c).

(3) 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 notice area extends into the adjacent municipality, or (2) The development site extends into the adjacent municipality, or (3) There is a potential for significant negative impact on the adjacent municipality.

(d) Notice cost. The cost of all newspaper and mailing notices shall be borne by the applicant.

§ 45-23-42. General provisions — Major land development and major subdivision — Public hearing and notice. [Effective January 1, 2024.]

Where a public hearing is required pursuant to this chapter, the following requirements shall apply:

(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 local circulation within the municipality following the municipality’s usual and customary practices for this kind of advertising. The same notice shall be posted in the town or city clerk’s office and one other municipal building in the municipality and the municipality must make the notice accessible on the municipal home page of its website at least fourteen (14) days prior to the hearing. Notice shall be sent to the applicant and to each owner within the notice area, by first class mail, 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 at least fourteen (14) days prior to the hearing. 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. For any notice sent by first-class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing.

(2) Notice area.

(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.

(ii) Watersheds. Additional notice within watersheds shall also be sent as required in § 45-23-53(b) and (c).

(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 notice area extends into the adjacent municipality; or (2) The development site extends into the adjacent municipality; or (3) There is a potential for significant negative impact on the adjacent municipality.

(3) Notice cost. The cost of all newspaper and mailing notices shall be borne by the applicant.