A N     A C T

RELATING TO SUBDIVISION OF LAND

Introduced By: Senator William V. Irons

Date Introduced : February 9, 1999

It is enacted by the General Assembly as follows:

SECTION 1. Sections 45-23-32, 45-23-35, 45-23-36, 45-23-37, 45-23-38, 45-23-40, 45-23-41, 45-23-43, 45-23-66, and 45-23-67 of the General Laws in Chapter 45-23 entitled "Subdivision of Land" are hereby amended to read as follows:

45-23-32. Definitions. -- Where words or phrases used in this chapter are defined in the definitions section of either the "Rhode Island Comprehensive Planning and Land Use Regulation Act," section 45-22.2-4, or the "Zoning Enabling Act of 1991," section 45-24-31, they shall have the meanings stated therein. In addition, the following words and phrases shall have the following meanings. Additional words and phrases may be defined in local ordinances, regulations and rules under this act, however, the words and phrases herein defined shall be controlling in all local ordinances, regulations, and rules created hereunder. See also section 45-23-34.

(1) Administrative officer.. - The municipal official designated by the local regulations to administer the land development and subdivision regulations and to coordinate with local boards and commissions, municipal staff and state agencies. The administrative officer may be a member of, or the chair, of the planning board, or an appointed official of the municipality. See section 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. Such re-subdivision shall only involve divisions, mergers, mergers and division, or adjustments of boundaries of existing lots.

(3) Board of appeal.. - The local review authority for appeals of actions of the administrative officer and the planning board on matters of land development or subdivision, which shall be the local zoning board of review constituted as the board of appeal. See section 45-23-57.

(4) Bond.. - See improvement guarantee.

(5) Buildable lot.. - A lot where construction for the use(s) permitted on the site under the local zoning ordinance is considered practicable by the planning board, considering the physical constraints to development of the site as well as the requirements of the pertinent federal, state and local regulations. See section 45-23-60(4).

(6) Certificate of completeness.. - A notice issued by the administrative officer informing an applicant that the application is complete and meets the requirements of the municipality's regulations, and that the applicant may proceed with the approval process.

(7) Concept plan.. - A drawing with accompanying information showing the basic elements of a proposed land development plan or subdivision as used for pre-application meetings and early discussions, and classification of the project within the approval process.

(8) Consistency with the comprehensive plan.. - A requirement of all local land use regulations which means that all such regulations and subsequent actions shall be 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 section 45-22.2-3.

(9) Dedication, fee-in-lieu-of.. - Payments of cash which are authorized in the local regulations when requirements for mandatory dedication of land are not met because of physical conditions of the site or other reasons. The conditions under which such payments will be allowed and all formulas for calculating the amount shall be specified in advance in the local regulations. See section 45-23-47.

(10) Development regulation.. - Zoning, subdivision, land development plan, development plan review, historic district, official map, flood plain regulation, soil erosion control or any other governmental regulation of the use and development of land.

(11) Division of land.. - A subdivision.

(12) Environmental constraints.. - Natural features, resources, or land characteristics that are sensitive to change and may require conservation measures or the application of special development techniques to prevent degradation of the site, or may require limited development, or in certain instances, may preclude development. See also physical constraints to development.

(13) Final plan.. - The final stage of land development and subdivision review. See section 45-23-43.

(14) Final plat.. - The final drawing(s) of all or a portion of a subdivision to be recorded after approval by the planning board and any accompanying material as described in the community's regulations and/or required by the planning board.

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

(16) Governing body.. - The body of the local government, generally the city or town council, having the power to adopt ordinances, accept public dedications, release public improvement guarantees, and collect fees.

(17) Improvement.. - Any natural or built item which becomes part of, is placed upon, or is affixed to, real estate.

(18) Improvement guarantee.. - A security instrument accepted by a municipality to ensure that all improvements, facilities, or work required by the land development and subdivision regulations, or required by the municipality as a condition of approval, will be completed in compliance with the approved plans and specifications of a development. See section 45-23-46.

(19) Local regulations.. - The land development and subdivision review regulations adopted under the provisions of this act. For purposes of clarification, throughout this act, where reference is made to local regulations, it shall be understood as the land development and subdivision review regulations and all related ordinances and rules properly adopted pursuant to this act.

(20) Maintenance guarantee.. - Any security instrument which may be required and accepted by a municipality to ensure that necessary improvements will function as required for a specific period of time. See improvement guarantee.

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

(22) Major subdivision.. - Any subdivision not classified as either an administrative subdivision or a minor subdivision.

(23) Master plan.. - An overall plan for a proposed project site outlining general, rather than detailed, development intentions. It describes the basic parameters of a major development proposal, rather than giving full engineering details. Required in major land development or major subdivision review. See section 45-23-40.

(24) Minor land development plan.. - A development plan for a residential project as defined in local regulations, provided that such development does not require waivers or modifications as specified in this act. All nonresidential land development projects shall be considered as major land development plans.

(25) Minor subdivision.. - A plan for a {DEL residential DEL} subdivision of land consisting of five (5) or fewer units or lots, provided that such subdivision does not require waivers or modifications as specified in this act. {DEL All nonresidential subdivisions shall be considered as major subdivisions. DEL}

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

(27) Parcel.. - A lot, or contiguous group of lots in single ownership or under single control, and usually considered a unit for purposes of development. Also referred to as a tract.

(28) Parking area or lot.. - All that portion of a development that is used by vehicles, the total area used for vehicular access, circulation, parking, loading and unloading.

(29) Permitting authority.. - The local agency of government specifically empowered by state enabling law and local ordinance to hear and decide on specific matters pertaining to local land use.

(30) Phased development.. - Development, usually for large-scale projects, where construction of public and/or private improvements proceeds by sections subsequent to approval of a master plan for the entire site. See section 45-23-48.

(31) Physical constraints to development.. - Characteristics of a site or area, either natural or man-made, which present significant difficulties to construction of the uses permitted on that site, or would require extraordinary construction methods. See also environmental constraints.

(32) Planning board.. - The official planning agency of a municipality, whether designated as the plan commission, planning commission, plan board, or as otherwise known.

(33) Plat.. - A drawing or drawings of a land development or subdivision plan showing the location, boundaries, and lot lines of individual properties, as well as other necessary information as specified in the local regulations.

(34) Pre-application conference.. - An initial meeting between developers and municipal representatives which affords developers the opportunity to present their proposals informally and to receive comments and directions from the municipal officials and others. See section 45-23-35.

(35) Preliminary plan.. - The required stage of land development and subdivision review which shall require detailed engineered drawings and all required state and federal permits. See section 45-23-41.

(36) Public improvement.. - Any street or other roadway, sidewalk, pedestrian way, tree, lawn, off-street parking area, drainage feature, or other facility for which the local government or other governmental entity either is presently responsible, or will ultimately assume the responsibility for maintenance and operation upon municipal acceptance.

(37) Public informational meeting.. - A meeting of the planning board or governing body preceded by a notice, open to the public and at which the public shall be 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 such action shall constitute a subdivision.

(39) Storm water detention.. - A provision for storage of storm water runoff and the controlled release of such runoff during and after a flood or storm.

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

(41) 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.

(42) 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.

(43) 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.

(44) 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.

(45) 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 such points and in such manner as may be determined by the public authority having jurisdiction over the highway.

(46) Street, private.. - A thoroughfare established as a separate tract for the benefit of multiple, adjacent properties and meeting specific, municipal improvement standards. This definition shall not apply to driveways.

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

(48) Street, stub.. - A portion of a street reserved to provide access to future development, which may provide for utility connections.

(49) Street classification.. - A method of roadway organization which identifies a street hierarchy according to function within a road system, that is, types of vehicles served and anticipated volumes, for the purposes of promoting safety, efficient land use and the design character of neighborhoods and districts. Local classifications shall use the following as major categories:

(a) Arterial.. - A major street that serves as an avenue for the circulation of traffic into, out of, or around the municipality and carries high volumes of traffic.

(b) Collector.. - A street whose principal function is to carry traffic between local streets and arterial streets but that may also provide direct access to abutting properties.

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

(50) Subdivider.. - Any person who (1) having an interest in land, causes it, directly or indirectly, to be divided into a subdivision or who (2) directly or indirectly sells, leases, or develops, or offers to sell, lease, or develop, or advertises to sell, lease, or develop, any interest, lot, parcel, site, unit, or plat in a subdivision, or who (3) engages directly or through an agent in the business of selling, leasing, developing, or offering for sale, lease, or development a subdivision or any interest, lot, parcel, site, unit, or plat in a subdivision.

(51) Subdivision.. - The division or re-division, of a lot, tract or parcel of land into two or more lots, tracts, or parcels. Any adjustment to existing lot lines of a recorded lot by any means shall be considered a subdivision. All re-subdivision activity shall be considered a subdivision. The division of property for purposes of financing constitutes a subdivision.

(52) Technical review committee.. - A committee appointed by the planning board for the purpose of reviewing, commenting, and making recommendations to the planning board with respect to approval of land development and subdivision applications.

(53) 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.

(54) 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.

(55) Waiver of requirements.. - See section 45-23-62.

45-23-35. General provisions -- Pre-application meetings and concept review. -- (A) One or more pre-application meetings shall be held for all major land development or subdivision applications. Pre-application meetings may be held for administrative and minor applications, upon request of either the municipality or the applicant. Pre-application meetings shall allow the applicant to meet with appropriate officials, boards and/or commissions, planning staff, and, where appropriate, state agencies, for advice as to the required steps in the approvals process, the pertinent local plans, ordinances, regulations, rules and procedures and standards which may bear upon the proposed development project.

(B) At the pre-application stage the applicant may request the planning board or the technical review committee for an informal concept plan review for a development. The purpose of the concept plan review is also to provide planning board or technical review committee input in the formative stages of major subdivision and land development concept design.

(C) Applicants seeking a pre-application meeting or an informal concept review shall submit {ADD general, conceptual ADD} materials in advance of the meeting(s) as requested by municipal officials.

(D) Pre-application meetings shall aim to encourage information sharing and discussion of project concepts among the participants. Pre-application discussions are intended for the guidance of the applicant and shall not be considered approval of a project or its elements.

{ADD (E) Provided that at least one (1) preapplication meeting has been held for major land development or subdivision application or sixty (60) days has elapsed from the filing of the pre-application submission and no pre-application meeting has been scheduled to occur within said sixty (60) days, nothing shall be deemed to preclude an applicant from thereafter filing and proceeding with an application for a land development or subdivision project in accordance with section 45-23-36. ADD}

45-23-36. General provisions -- Application for development and certification of completeness. -- (A) Classification.. - The administrative officer shall advise the applicant as to which approvals are required and the appropriate board for hearing an application for a land development or subdivision project. The following types of applications, as defined in section 45-23-32, may be filed:

(1) Administrative subdivision

(2) Minor subdivision or minor land development plan

(3) Major subdivision or major land development plan

(B) 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. In the event such certification of the application is not made within the time specified in this chapter for the type of plan, the application shall be deemed complete for purposes of commencing the review period unless the application lacks information required for such applications as specified in the local regulations and the administrative officer has notified the applicant, in writing, of the deficiencies in the application.

(C) Notwithstanding subsections (A) and (B) above, 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) Where the review is postponed with the consent of the applicant, pending further information or revision of information, the time period for review shall be stayed and shall resume when the {ADD administrative officer or the ADD} planning board determines that the required application information is complete.

45-23-37. General provisions -- Administrative subdivision. -- (A) Any applicant requesting approval of a proposed administrative subdivision, as defined in this chapter, shall submit to the administrative officer the items required by the local regulations.

(B) The application shall be certified as complete or incomplete by the administrative officer within a fifteen (15) day period from the date of its submission according to the provisions of section 45-23-36(B).

(C) Review process:

(1) Within fifteen (15) days of certification of completeness, the administrative officer, or the technical review committee, shall review the application and approve, deny or refer it to the planning board with recommendations. The officer or committee shall report its actions to the planning board at its next regular meeting, to be made part of the record.

(2) If no action is taken by the administrative officer or the technical review committee within the fifteen (15) days, the application shall be placed on the agenda of the next regular planning board meeting.

(D) If referred to the planning board, the board shall consider the application and the recommendations of the administrative officer and/or the technical review committee and shall either approve, approve with conditions, or deny the application within sixty-five (65) days of certification of completeness. Failure of the planning board to act within the period prescribed shall constitute approval of the administrative subdivision plan and a certificate of the administrative officer as to the failure of the planning board or committee to act within the required time and the resulting approval shall be issued on request of the applicant.

(E) Denial of an application by the administrative officer and/or the technical review committee shall not be appealable and shall require the plan to be submitted as a minor subdivision application.

{ADD (F) Any approval of an administrative subdivision shall be evidenced by a written decision which shall be filed and posted in the office of the city or town clerk. ADD}

{DEL (F) DEL} {ADD (G) ADD} Approval of an administrative subdivision shall expire ninety (90) days from the date of approval unless within such period a plat in conformity with such approval is submitted for signature and recording as specified in section 45-23-64.

45-23-38. General provisions -- Minor land development and minor subdivision review. -- (A) Review stages. - Minor plan review shall consist of two stages, preliminary and final, provided, that if a street creation or extension is involved, a public hearing is required. The planning board may combine the approval stages, providing requirements for both stages have been met by the applicant to the satisfaction of the planning officials.

(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.

(C) Certification. - The application shall be certified complete or incomplete by the administrative officer {DEL or DEL} within twenty-five (25) {ADD days or within fifteen (15) ADD} days {ADD if no street creation or extension is required ADD}, according to the provisions of section 45-23-36(B). {ADD 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 {ADD (14) ADD} days after its resubmission. ADD}

(D) Technical review committee. - The technical review committee, if established, shall review the application and shall comment and make recommendations to the planning board. The application shall 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 plan is approved by a majority of the committee members, the application shall be 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, the minor land development and subdivision application shall be 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 section 45-23-60.

(F) Decision. - If no street creation or extension is required, the planning board shall approve, deny, or approve with conditions, the preliminary plan within sixty-five (65) days of certification of completeness, or within such further time as is agreed to by the applicant and the board, according to the requirements of section 45-23-63. If a street extension or creation is required, the planning board shall hold a public hearing prior to approval according to the requirements in section 45-23-42 and shall approve, deny, or approve with conditions, the preliminary plan within ninety-five (95) days of certification of completeness, or within such further time as is agreed to by the applicant and the board, according to the requirements of section 45-23-63.

(G) Failure to act. - Failure of the planning board to act within the period prescribed shall constitute 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 application.

(H) Final plan. - The planning board may delegate final plan review and approval to either the administrative officer or the technical review committee. The officer or committee shall report its actions to the planning board at its next regular meeting, to be made part of the record.

(I) Expiration of approval. - Approval of a minor land development or subdivision plan shall expire ninety (90) days from the date of approval unless within such period a plat or plan, in conformity with such approval, and as defined in this act, is submitted for signature and recording as specified in section 45-23-64. Validity may be extended for a longer period, for cause shown, if requested by the application in writing, and approved by the planning board.

45-23-40. General provisions -- Major land development and major subdivision -- Master plan. -- (A) Submission requirements.

(1) The applicant shall first submit to the administrative officer the items required by the local regulations for master plans.

(2) Requirements for the master plan and supporting material for this phase of review shall include, but not be 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 shall 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.

(B) Certification. - The application shall be certified complete or incomplete by the administrative officer within {DEL ninety (90) DEL} {ADD sixty (60) ADD} days, according to the provisions of section 45-23-36(B). {ADD 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. ADD}

(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. - A public informational meeting shall 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 shall be optional, based upon planning board determination.

(1) Public notice for the informational meeting is required and shall 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 shall be mailed to the applicant and to all property owners within the notice area, as specified by local regulations.

(2) At the public informational meeting the applicant shall present the proposed development project. The planning board shall allow oral and written comments from the general public. All public comments shall be made part of the public record of the project application.

(E) Decision. - The planning board shall, within one hundred and twenty (120) days of certification of completeness, or within such further time as may be consented to by the applicant, approve of the master plan as submitted, approve with changes and/or conditions, or deny the application, according to the requirements of section 45-23-63.

(F) Failure to act. - Failure of the planning board to act within the period prescribed shall constitute 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 shall be issued on request of the applicant.

(G) Vesting.

(1) The approved master plan shall be vested for a period of one (1) year, with a one (1) year extension upon written request by the applicant, who must appear before the planning board for the annual review. 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 shall include the zoning requirements, conceptual layout and all conditions shown on the approved master plan drawings and supporting materials.

(2) The initial two year vesting for the approved master plan shall constitute the vested rights for the development as required in section 45-24-44.

45-23-41. General provisions -- Major land development and major subdivision -- Preliminary plan. -- (A) Submission requirements.

(1) The applicant shall first submit to the administrative officer the items required by the local regulations for preliminary plans.

(2) Requirements for the preliminary plan and supporting materials for this phase of the review shall include, but not be 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) {DEL Final DEL} {ADD At the preliminary plan review phase, the administrative officer shall solicit final ADD} written comments and/or approvals of the department of public works, the city or town engineer, the city or town solicitor, other local government departments, commissions, or authorities as appropriate.

(4) Prior to approval of the preliminary plan, copies of all legal documents describing the property, proposed easements and rights-of-way.

(B) Certification. - The application shall be certified as complete or incomplete by the administrative officer within sixty (60) days, according to the provisions of section 45-23-36(B). {ADD 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 it resubmission. ADD}

(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 planning board decision on the preliminary plan, a public hearing, which adheres to the requirements for notice described in section 45-23-42, must be held.

(E) Public improvement guarantees. - Proposed arrangements for completion of the required public improvements, including construction schedule and/or financial guarantees shall be reviewed and approved by the planning board at preliminary plan approval.

(F) Decision. - A complete application for a major subdivision or development plan shall be approved, approved with conditions or denied within one hundred and twenty (120) days of the date when it is certified complete, or within such further time as may be consented to by the developer.

(G) Failure to act. - Failure of the planning board to act within the period prescribed shall constitute 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 shall be vested for a period of one (1) year and 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 shall include all general and specific conditions as 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 final plan, as well as all material required by the planning board when the application was given preliminary approval.

(2) Arrangements for completion of the required public improvements, including construction schedule and/or financial guarantees.

(3) Certification by the tax collector that all property taxes are current.

(4) For phased projects, the final plan for phases following the first phase, shall be accompanied by copies of as-built drawings not previously submitted of all existing public improvements for prior phases.

(B) Certification. - The application for final plan approval shall be certified complete or incomplete by the administrative officer within {DEL forty-five (45) DEL} {ADD twenty-five (25) ADD} days, according to the provisions of section 45-23-36(B). {ADD 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. ADD} 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 such further time as 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 period prescribed shall constitute 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 shall expire one year from the date of approval unless, within that period, the plat or plan shall have been submitted for signature and recording as specified in section 45-23-64. The planning board may, for good cause shown, extend the period for recording for an additional period.

(F) Acceptance of public improvements. - Signature and recording as specified in section 45-23-64 shall 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, shall remain valid as the approved plan for the site unless and until an amendment to the plan is approved under the procedure set forth in section 45-23-65, or a new plan is approved by the planning board.

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 herein, may be taken to the board of appeal by an aggrieved party. {ADD Appeals from a decision granting or denying approval of a final plan shall be limited to elements of such 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 section 45-23-42. ADD}

(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.

45-23-67. Appeals -- Process of appeal. -- (A) 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 {DEL . DEL} {ADD to the extent provided in section 45-23-66. ADD} Such appeal must be taken within twenty (20) days after the decision has been {DEL recorded DEL} {ADD filed ADD} and posted in the office of the city or town clerk.

(B) The appeal shall be in writing and shall state clearly and unambiguously the issue or decision which 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 shall 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) Upon receipt of an appeal, the board of appeal shall require the planning board or administrative officer to transmit forthwith to the board of appeal, all papers, documents and plans, or a certified copy thereof, constituting the record of the action which is being appealed.

SECTION 2. This act shall take effect upon passage.