Title 45
Towns and Cities

Chapter 23
Subdivision of Land

§ 45-23-50. Special provisions — Development plan review. [Effective until January 1, 2024.]

(a) Municipalities may provide for development plan review, as defined in § 45-24-49 of the Rhode Island Zoning Enabling Act of 1991, to be subject to 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.

§ 45-23-50. 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, as part of the local regulations. 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 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 that require relief 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 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(c). 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. 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.