| 600 | | - | incompleteness of the application by the administrative officer and will recommence upon the 1 |
|---|
| 601 | | - | resubmission of a corrected application by the applicant. However, in no event shall the 2 |
|---|
| 602 | | - | administrative officer be required to certify a corrected submission as complete or incomplete less 3 |
|---|
| 603 | | - | than ten (10) days after its resubmission. 4 |
|---|
| 604 | | - | (3) Technical review committee. To the extent the community utilizes a technical review 5 |
|---|
| 605 | | - | committee, it shall review the application prior to the first planning board meeting and shall 6 |
|---|
| 606 | | - | comment and make recommendations to the planning board. 7 |
|---|
| 607 | | - | (4) Public notice. Prior to the first planning board meeting on the preliminary plan, public 8 |
|---|
| 608 | | - | notice shall be sent to abutters only at least fourteen (14) days before the hearing. 9 |
|---|
| 609 | | - | (5) Public improvement guarantees. Proposed arrangements for completion of the required 10 |
|---|
| 610 | | - | public improvements, including construction schedule and/or financial guarantees, shall be 11 |
|---|
| 611 | | - | reviewed and approved by the planning board at preliminary plan approval. 12 |
|---|
| 612 | | - | (6) Decision. A complete application for a major subdivision or development plan shall be 13 |
|---|
| 613 | | - | approved, approved with conditions, or denied, in accordance with the requirements of §§ 45-23-14 |
|---|
| 614 | | - | 60 and 45-23-63, within ninety (90) days of the date when it is certified complete, or within a 15 |
|---|
| 615 | | - | further amount of time that may be consented to by the developer through the submission of a 16 |
|---|
| 616 | | - | written waiver. Provided that, the timeframe for decision is automatically extended if evidence of 17 |
|---|
| 617 | | - | state permits has not been provided, or otherwise waived in accordance with this section. 18 |
|---|
| 618 | | - | (7) Failure to act. Failure of the planning board to act within the prescribed period 19 |
|---|
| 600 | + | than ten (10) days after its resubmission. 1 |
|---|
| 601 | + | (3) Technical review committee. To the extent the community utilizes a technical review 2 |
|---|
| 602 | + | committee, it shall review the application prior to the first planning board meeting and shall 3 |
|---|
| 603 | + | comment and make recommendations to the planning board. 4 |
|---|
| 604 | + | (4) Public notice. Prior to the first planning board meeting on the preliminary plan, public 5 |
|---|
| 605 | + | notice shall be sent to abutters only at least fourteen (14) days before the hearing. 6 |
|---|
| 606 | + | (5) Public improvement guarantees. Proposed arrangements for completion of the required 7 |
|---|
| 607 | + | public improvements, including construction schedule and/or financial guarantees, shall be 8 |
|---|
| 608 | + | reviewed and approved by the planning board at preliminary plan approval. 9 |
|---|
| 609 | + | (6) Decision. A complete application for a major subdivision or development plan shall be 10 |
|---|
| 610 | + | approved, approved with conditions, or denied, in accordance with the requirements of §§ 45-23-11 |
|---|
| 611 | + | 60 and 45-23-63, within ninety (90) days of the date when it is certified complete, or within a 12 |
|---|
| 612 | + | further amount of time that may be consented to by the developer through the submission of a 13 |
|---|
| 613 | + | written waiver. Provided that, the timeframe for decision is automatically extended if evidence of 14 |
|---|
| 614 | + | state permits has not been provided, or otherwise waived in accordance with this section. 15 |
|---|
| 615 | + | (7) Failure to act. Failure of the planning board to act within the prescribed period 16 |
|---|
| 616 | + | constitutes approval of the preliminary plan and a certificate of the administrative officer as to the 17 |
|---|
| 617 | + | failure of the planning board to act within the required time and the resulting approval shall be 18 |
|---|
| 618 | + | issued on request of the applicant. 19 |
|---|
| 619 | + | (8) Vesting. The approved preliminary plan is vested for a period of two (2) years with the 20 |
|---|
| 620 | + | right to extend for two (2), one-year extensions upon written request by the applicant, who must 21 |
|---|
| 621 | + | appear before the planning board for each annual review and provide proof of valid state or federal 22 |
|---|
| 622 | + | permits as applicable. Thereafter, vesting may be extended for a longer period, for good cause 23 |
|---|
| 623 | + | shown, if requested, in writing by the applicant, and approved by the planning board. The vesting 24 |
|---|
| 624 | + | for the preliminary plan approval includes all general and specific conditions shown on the 25 |
|---|
| 625 | + | approved preliminary plan drawings and supporting material. 26 |
|---|
| 626 | + | (e) Final plan. 27 |
|---|
| 627 | + | (1) Submission requirements. 28 |
|---|
| 628 | + | (i) The applicant shall submit to the administrative officer the items required by the local 29 |
|---|
| 629 | + | regulations for the final plan, as well as all material required by the planning board when the 30 |
|---|
| 630 | + | application was given preliminary approval. 31 |
|---|
| 631 | + | (ii) Arrangements for completion of the required public improvements, including 32 |
|---|
| 632 | + | construction schedule and/or financial guarantees. 33 |
|---|
| 633 | + | (iii) Certification by the tax collector that all property taxes are current. 34 |
|---|
| 634 | + | |
|---|
| 635 | + | |
|---|
| 636 | + | LC002437/SUB A - Page 18 of 50 |
|---|
| 637 | + | (iv) For phased projects, the final plan for phases following the first phase, shall be 1 |
|---|
| 638 | + | accompanied by copies of as-built drawings not previously submitted of all existing public 2 |
|---|
| 639 | + | improvements for prior phases. 3 |
|---|
| 640 | + | (2) Certification. The application for final plan approval shall be certified complete or 4 |
|---|
| 641 | + | incomplete by the administrative officer in writing, within fifteen (15) days, according to the 5 |
|---|
| 642 | + | provisions of § 45-23-36(b) so long as a completed checklist of requirements are provided with the 6 |
|---|
| 643 | + | submission. This time period may be extended to twenty-five (25) days by written notice from the 7 |
|---|
| 644 | + | administrative officer to the applicant where the final plans contain changes to or elements not 8 |
|---|
| 645 | + | included in the preliminary plan approval. The running of the time period set forth herein shall be 9 |
|---|
| 646 | + | deemed stopped upon the issuance of a certificate of incompleteness of the application by the 10 |
|---|
| 647 | + | administrative officer and shall recommence upon the resubmission of a corrected application by 11 |
|---|
| 648 | + | the applicant. However, in no event shall the administrative officer be required to certify a corrected 12 |
|---|
| 649 | + | submission as complete or incomplete less than ten (10) days after its resubmission. If the 13 |
|---|
| 650 | + | administrative officer certifies the application as complete and does not require submission to the 14 |
|---|
| 651 | + | planning board as per subsection (c) of this section, the final plan shall be considered approved. 15 |
|---|
| 652 | + | (3) Decision. The administrative officer shall review, grant, grant with conditions or deny 16 |
|---|
| 653 | + | final plan approval. The planning board shall, within forty-five (45) days after the certification of 17 |
|---|
| 654 | + | completeness, or within a further amount of time that may be consented to by the applicant, approve 18 |
|---|
| 655 | + | or deny the final plan as submitted. 19 |
|---|
| 656 | + | (4) Failure to act. Failure of the planning board to act within the prescribed period 20 |
|---|
| 657 | + | constitutes approval of the final plan and a certificate of the administrative officer as to the failure 21 |
|---|
| 658 | + | of the planning board to act within the required time and the resulting approval shall be issued on 22 |
|---|
| 659 | + | request of the applicant. 23 |
|---|
| 660 | + | (5) Expiration of approval. The final approval of a major subdivision or land development 24 |
|---|
| 661 | + | project expires one year from the date of approval with the right to extend for one year upon written 25 |
|---|
| 662 | + | request by the applicant, who must appear before the planning board for the annual review, unless, 26 |
|---|
| 663 | + | within that period, the plat or plan has been submitted for signature and recording as specified in § 27 |
|---|
| 664 | + | 45-23-64. Thereafter, the planning board may, for good cause shown, extend the period for 28 |
|---|
| 665 | + | recording. 29 |
|---|
| 666 | + | (6) Acceptance of public improvements. Signature and recording as specified in § 45-23-30 |
|---|
| 667 | + | 64 constitute the acceptance by the municipality of any street or other public improvement or other 31 |
|---|
| 668 | + | land intended for dedication. Final plan approval shall not impose any duty upon the municipality 32 |
|---|
| 669 | + | to maintain or improve those dedicated areas until the governing body of the municipality accepts 33 |
|---|
| 670 | + | the completed public improvements as constructed in compliance with the final plans. 34 |
|---|
| 671 | + | |
|---|
| 672 | + | |
|---|
| 673 | + | LC002437/SUB A - Page 19 of 50 |
|---|
| 674 | + | (7) Validity of recorded plans. The approved final plan, once recorded, remains valid as 1 |
|---|
| 675 | + | the approved plan for the site unless and until an amendment to the plan is approved under the 2 |
|---|
| 676 | + | procedure stated in § 45-23-65, or a new plan is approved by the planning board. 3 |
|---|
| 677 | + | (f) Modifications and changes to plans. 4 |
|---|
| 678 | + | (1) Minor changes, as defined in the local regulations, to the plans approved at any stage 5 |
|---|
| 679 | + | may be approved administratively, by the administrative officer. The changes may be authorized 6 |
|---|
| 680 | + | without an additional planning board meeting, to the extent applicable, at the discretion of the 7 |
|---|
| 681 | + | administrative officer. All changes shall be made part of the permanent record of the project 8 |
|---|
| 682 | + | application. This provision does not prohibit the administrative officer from requesting 9 |
|---|
| 683 | + | recommendation from either the technical review committee or the permitting authority. Denial of 10 |
|---|
| 684 | + | the proposed change(s) shall be referred to the applicable permitting authority for review as a major 11 |
|---|
| 685 | + | change. 12 |
|---|
| 686 | + | (2) Major changes, as defined in the local regulations, to the plans approved at any stage 13 |
|---|
| 687 | + | may be approved only by the applicable permitting authority and must follow the same review and 14 |
|---|
| 688 | + | hearing process required for approval of preliminary plans, which shall include a public hearing if 15 |
|---|
| 689 | + | originally required as part of the application. 16 |
|---|
| 690 | + | (3) The administrative officer shall notify the applicant in writing within fourteen (14) days 17 |
|---|
| 691 | + | of submission of the final plan application if the administrative officer determines the change to be 18 |
|---|
| 692 | + | a major change of the approved plans. 19 |
|---|
| 693 | + | (g) Appeal. Decisions under this section shall be considered an appealable decision 20 |
|---|
| 694 | + | pursuant to § 45-23-71. 21 |
|---|
| 695 | + | 45-23-42. General provisions — Major land development and major subdivision — 22 |
|---|
| 696 | + | Public hearing and notice General provisions -- Major land development and major 23 |
|---|
| 697 | + | subdivision -- Public hearing and notice -- Effective January 1, 2024. 24 |
|---|
| 698 | + | (a) Where a A public hearing is required for a major land development project or a major 25 |
|---|
| 699 | + | subdivision or where a street extension or creation requires a public hearing for a minor land 26 |
|---|
| 700 | + | development project or minor subdivision. pursuant to this chapter, the following requirements 27 |
|---|
| 701 | + | shall apply ; 28 |
|---|
| 702 | + | (b)(1) Notice requirements. Public notice of the hearing shall be given at least fourteen (14) 29 |
|---|
| 703 | + | days prior to the date of the hearing in a newspaper of general circulation within the municipality 30 |
|---|
| 704 | + | following the municipality’s usual and customary practices for this kind of advertising. Notice shall 31 |
|---|
| 705 | + | be sent to the applicant and to each owner within the notice area, by certified mail, return receipt 32 |
|---|
| 706 | + | requested, of the time and place of the hearing not less than ten (10) days prior to the date of the 33 |
|---|
| 707 | + | hearing. Notice shall also be sent to any individual or entity holding a recorded conservation or 34 |
|---|
| 708 | + | |
|---|
| 709 | + | |
|---|
| 710 | + | LC002437/SUB A - Page 20 of 50 |
|---|
| 711 | + | preservation restriction on the property that is the subject of the application. The notice shall also 1 |
|---|
| 712 | + | include the street address of the subject property, or if no street address is available, the distance 2 |
|---|
| 713 | + | from the nearest existing intersection in tenths (1/10’s) of a mile. Local regulations may require a 3 |
|---|
| 714 | + | supplemental notice that an application for development approval is under consideration be posted 4 |
|---|
| 715 | + | at the location in question. The posting is for informational purposes only and does not constitute 5 |
|---|
| 716 | + | required notice of a public hearing. 6 |
|---|
| 717 | + | (c)(2) Notice area. 7 |
|---|
| 718 | + | (1)(i) The distance(s) for notice of the public hearing shall be specified in the local 8 |
|---|
| 719 | + | regulations. The distance may differ by zoning district and scale of development. At a minimum, 9 |
|---|
| 720 | + | all abutting property owners to the proposed development’s property boundary shall receive notice. 10 |
|---|
| 721 | + | (2)(ii) Watersheds. Additional notice within watersheds shall also be sent as required in § 11 |
|---|
| 722 | + | 45-23-53(b) and (c). 12 |
|---|
| 723 | + | (3)(iii) Adjacent municipalities. Notice of the public hearing shall be sent by the 13 |
|---|
| 724 | + | administrative officer to the administrative officer of an adjacent municipality if (1) the notice area 14 |
|---|
| 725 | + | extends into the adjacent municipality, or (2) the development site extends into the adjacent 15 |
|---|
| 726 | + | municipality, or (3) there is a potential for significant negative impact on the adjacent municipality. 16 |
|---|
| 727 | + | (d)(3) Notice cost. The cost of all notice shall be borne by the applicant. 17 |
|---|
| 728 | + | 45-23-50. Special provisions — Development plan review Special provisions -- 18 |
|---|
| 729 | + | Development plan review -- Effective January 1, 2024. 19 |
|---|
| 730 | + | (a) Municipalities may provide for development plan review, as defined in §§ 45-23-32 20 |
|---|
| 731 | + | and 45-24-49 of the Rhode Island Zoning Enabling Act of 1991, to be subject to as part of the local 21 |
|---|
| 732 | + | regulations. (b) In these instances, local regulations must include all requirements, procedures and 22 |
|---|
| 733 | + | standards necessary for proper review and recommendations of projects subject to development 23 |
|---|
| 734 | + | plan review to ensure consistency with the intent and purposes of this chapter and with § 45-24-49 24 |
|---|
| 735 | + | of the Rhode Island Zoning Enabling Act of 1991. The local regulations and/or ordinances shall 25 |
|---|
| 736 | + | identify the permitting authority with the responsibility to review and approve applications for 26 |
|---|
| 737 | + | development plan review, which shall be designated as the planning board, technical review 27 |
|---|
| 738 | + | committee or administrative officer. The local regulations and/or ordinances shall provide for 28 |
|---|
| 739 | + | specific categories of projects that may review and approve an application administratively as well 29 |
|---|
| 740 | + | as categories which are required to be heard by the designated planning board, or authorized 30 |
|---|
| 741 | + | permitting authority. 31 |
|---|
| 742 | + | (b) The authorized permitting authority may waive requirements for development plan 32 |
|---|
| 743 | + | approval where there is a change in use or occupancy and no extensive construction of 33 |
|---|
| 744 | + | improvements is sought. The waiver may be granted only by a decision by the permitting authority 34 |
|---|
| 745 | + | |
|---|
| 746 | + | |
|---|
| 747 | + | LC002437/SUB A - Page 21 of 50 |
|---|
| 748 | + | finding that the use will not affect existing drainage, circulation, relationship of buildings to each 1 |
|---|
| 749 | + | other, landscaping, buffering, lighting and other considerations of development plan approval, and 2 |
|---|
| 750 | + | that the existing facilities do not require upgraded or additional site improvements. The application 3 |
|---|
| 751 | + | for a waiver of development plan approval review shall include documentation, as required by the 4 |
|---|
| 752 | + | permitting authority, on prior use of the site. the proposed use, and its impact. 5 |
|---|
| 753 | + | (c) The authorized permitting authority may grant waivers of design standards as set forth 6 |
|---|
| 754 | + | in the local regulations and zoning ordinance. The local regulations shall specifically list what 7 |
|---|
| 755 | + | limited waivers an administrative officer is authorized to grant as part of their review. 8 |
|---|
| 756 | + | (d) Review stages. Administrative development plan review consists of one stage of 9 |
|---|
| 757 | + | review, while formal development plan review consists of two (2) stages of review, preliminary 10 |
|---|
| 758 | + | and final. The administrative officer may combine the approval stages, providing requirements for 11 |
|---|
| 759 | + | both stages are met by the applicant to the satisfaction of the administrative officer. 12 |
|---|
| 760 | + | (1) Application requesting relief from the zoning ordinance. 13 |
|---|
| 761 | + | (i) Applications under this chapter which require relief which qualifies only as a 14 |
|---|
| 762 | + | modification under § 45-24-46 and local ordinances shall proceed by filing an application under 15 |
|---|
| 763 | + | this chapter and a request for a modification to the zoning enforcement officer. If such modification 16 |
|---|
| 764 | + | is granted the application shall then proceed to be reviewed by the administrative officer pursuant 17 |
|---|
| 765 | + | to the applicable requirements of this section. If the modification is denied or an objection is 18 |
|---|
| 766 | + | received as set forth in § 45-24-46, such application shall proceed under unified development plan 19 |
|---|
| 767 | + | review pursuant to § 45-23-50.1. 20 |
|---|
| 768 | + | (ii) Applications under this section which require relief from the literal provisions of the 21 |
|---|
| 769 | + | zoning ordinance in the form of a variance or special use permit, shall be reviewed by the planning 22 |
|---|
| 770 | + | board under unified development plan review pursuant to § 45-23-50.1, and a request for review 23 |
|---|
| 771 | + | shall accompany the preliminary plan application. 24 |
|---|
| 772 | + | (e) Submission requirements. Any applicant requesting approval of a proposed 25 |
|---|
| 773 | + | development under this chapter, shall submit to the administrative officer the items required by the 26 |
|---|
| 774 | + | local regulations. Requests for relief from the literal requirements of the zoning ordinance and/or 27 |
|---|
| 775 | + | for the issuance of special-use permits or use variances related to projects qualifying for 28 |
|---|
| 776 | + | development plan review shall be submitted and reviewed under unified development review 29 |
|---|
| 777 | + | pursuant to § 45-23-50.1. 30 |
|---|
| 778 | + | (f) Certification. The application shall be certified, in writing, complete or incomplete by 31 |
|---|
| 779 | + | the administrative officer within twenty-five (25) days or within fifteen (15) days if no street 32 |
|---|
| 780 | + | creation or extension is required, and/or unified development review is not required, according to 33 |
|---|
| 781 | + | the provisions of § 45-23-36(b). The running of the time period set forth in this section will be 34 |
|---|
| 782 | + | |
|---|
| 783 | + | |
|---|
| 784 | + | LC002437/SUB A - Page 22 of 50 |
|---|
| 785 | + | deemed stopped upon the issuance of a written certificate of incompleteness of the application by 1 |
|---|
| 786 | + | the administrative officer and will recommence upon the resubmission of a corrected application 2 |
|---|
| 787 | + | by the applicant. However, in no event will the administrative officer be required to certify a 3 |
|---|
| 788 | + | corrected submission as complete or incomplete less than ten (10) days after its resubmission. If 4 |
|---|
| 789 | + | the administrative officer certifies the application as incomplete, the officer shall set forth in writing 5 |
|---|
| 790 | + | with specificity the missing or incomplete items. 6 |
|---|
| 791 | + | (g) Timeframes for decision. 7 |
|---|
| 792 | + | (1) Administrative development plan approval. An application shall be approved, denied, 8 |
|---|
| 793 | + | or approved with conditions within twenty-five (25) days of the certificate of completeness or 9 |
|---|
| 794 | + | within any further time that is agreed to in writing by the applicant and administrative officer. 10 |
|---|
| 795 | + | (2) Formal development plan approval. 11 |
|---|
| 796 | + | (i) Preliminary plan. Unless the application is reviewed under unified development review, 12 |
|---|
| 797 | + | the permitting authority will approve, deny, or approve with conditions, the preliminary plan within 13 |
|---|
| 798 | + | sixty-five (65) days of certification of completeness, or within any further time that is agreed to by 14 |
|---|
| 799 | + | the applicant and the permitting authority. 15 |
|---|
| 800 | + | (ii) Final Plan. For formal development plan approval, the permitting authority shall 16 |
|---|
| 801 | + | delegate final plan review and approval to the administrative officer. The officer will report its 17 |
|---|
| 802 | + | actions in writing to the permitting authority at its next regular meeting, to be made part of the 18 |
|---|
| 803 | + | record. Final plan shall be approved or denied within forty-five (45) days after the certification of 19 |
|---|
| 804 | + | completeness, or within a further amount of time that may be consented to by the applicant, in 20 |
|---|
| 805 | + | writing. 21 |
|---|
| 806 | + | (h) Failure to act. Failure of the administrative officer or the permitting authority to act 22 |
|---|
| 807 | + | within the period prescribed constitutes approval of the preliminary plan and a certificate of the 23 |
|---|
| 808 | + | administrative officer as to the failure to act within the required time and the resulting approval 24 |
|---|
| 809 | + | shall be issued on request of the application. 25 |
|---|
| 810 | + | (i) Vested rights. Approval of development plan review shall expire two (2) years from the 26 |
|---|
| 811 | + | date of approval unless, within that period, a plat or plan, in conformity with approval, and as 27 |
|---|
| 812 | + | defined in this act, is submitted for signature and recording as specified in § 45-23-64. Validity 28 |
|---|
| 813 | + | may be extended for an additional period upon application to the administrative officer or 29 |
|---|
| 814 | + | permitting authority, whichever entity approved the application, upon a showing of good cause. 30 |
|---|
| 815 | + | (j) Modifications and changes to plans. 31 |
|---|
| 816 | + | (1) Minor changes, as defined in the local regulations, to the plans approved at any stage 32 |
|---|
| 817 | + | may be approved administratively, by the administrative officer, whereupon final plan approval 33 |
|---|
| 818 | + | may be issued. The changes may be authorized without an additional planning board meeting, at 34 |
|---|
| 819 | + | |
|---|
| 820 | + | |
|---|
| 821 | + | LC002437/SUB A - Page 23 of 50 |
|---|
| 822 | + | the discretion of the administrative officer. All changes shall be made part of the permanent record 1 |
|---|
| 823 | + | of the project application. This provision does not prohibit the administrative officer from 2 |
|---|
| 824 | + | requesting recommendation from either the technical review committee or the permitting authority. 3 |
|---|
| 825 | + | Denial of the proposed change(s) shall be referred to the permitting authority for review as a major 4 |
|---|
| 826 | + | change. 5 |
|---|
| 827 | + | (2) Major changes, as defined in the local regulations, to the plans approved at any stage 6 |
|---|
| 828 | + | may be approved only by the permitting authority and must follow the same review and hearing 7 |
|---|
| 829 | + | process required for approval of preliminary plans, which shall include a public hearing. 8 |
|---|
| 830 | + | (3) The administrative officer shall notify the applicant in writing within fourteen (14) days 9 |
|---|
| 831 | + | of submission of the final plan application if the administrative officer determines that there has 10 |
|---|
| 832 | + | been a major change to the approved plans. 11 |
|---|
| 833 | + | (k) Appeal. A decision under this section shall be considered an appealable decision 12 |
|---|
| 834 | + | pursuant to § 45-23-71. 13 |
|---|
| 835 | + | 45-23-50.1. Special provisions — Unified development review Special provisions -- 14 |
|---|
| 836 | + | Unified development review -- Effective January 1, 2024. 15 |
|---|
| 837 | + | (a) When a A municipal zoning ordinance provides shall provide for unified development 16 |
|---|
| 838 | + | review pursuant to § 45-24-46.4, and the local regulations must include procedures for the filing, 17 |
|---|
| 839 | + | review, and approval of applications, pursuant to § 45-24-46.4 and this section. 18 |
|---|
| 840 | + | (b) Review of variances and special-use permits projects submitted under the unified 19 |
|---|
| 841 | + | development review provisions of the regulations shall adhere to the procedures, timeframes and 20 |
|---|
| 842 | + | standards of the underlying category of the project as listed in § 45-23-36, but shall also include 21 |
|---|
| 843 | + | the following procedures: 22 |
|---|
| 844 | + | (1) Minor subdivisions and land-development projects. Except for dimensional relief 23 |
|---|
| 845 | + | granted by modification as set forth in § 45-23-38, requests Requests for relief from the literal 24 |
|---|
| 846 | + | requirements of the zoning ordinance variances and/or for the issuance of special-use permits 25 |
|---|
| 847 | + | related to minor subdivisions and land-development projects shall be submitted as part of the 26 |
|---|
| 848 | + | application materials for the preliminary plan stage of review or if combined, for the first stage of 27 |
|---|
| 849 | + | reviews. A public hearing on the application, including any variance and special-use permit 28 |
|---|
| 850 | + | requests that meets the requirements of subsection (c) of this section shall be held prior to 29 |
|---|
| 851 | + | consideration of the preliminary plan by the planning board or commission. The planning board or 30 |
|---|
| 852 | + | commission shall conditionally approve or deny the request(s) for the variance(s) and/or special-31 |
|---|
| 853 | + | use permit(s) before considering the preliminary plan application for the minor subdivision or land-32 |
|---|
| 854 | + | development project. Approval of the variance(s) and/or special-use permit(s) shall be conditioned 33 |
|---|
| 855 | + | on approval of the final plan of the minor subdivision or land-development project. 34 |
|---|
| 856 | + | |
|---|
| 857 | + | |
|---|
| 858 | + | LC002437/SUB A - Page 24 of 50 |
|---|
| 859 | + | (2) Development plan review. Except for dimensional relief granted by modification as set 1 |
|---|
| 860 | + | forth in § 45-23-38, requests for relief from the literal requirements of the zoning ordinance and/or 2 |
|---|
| 861 | + | for the issuance of special-use permits related to minor subdivisions and land-development projects 3 |
|---|
| 862 | + | shall be submitted as part of the application materials for the preliminary plan stage of review. A 4 |
|---|
| 863 | + | public hearing on the application, including any variance and special-use permit requests that meets 5 |
|---|
| 864 | + | the requirements of subsection (c) of this section shall be held prior to consideration of the 6 |
|---|
| 865 | + | preliminary plan by the planning board or commission relevant permitting authority. The planning 7 |
|---|
| 866 | + | board or commission authorized permitting authority shall conditionally approve or deny the 8 |
|---|
| 867 | + | request(s) for the variance(s) and/or special-use permit(s) before considering the preliminary plan 9 |
|---|
| 868 | + | application for the minor subdivision or land-development project. Approval of the variance(s) 10 |
|---|
| 869 | + | and/or special-use permit(s) shall be conditioned on approval of the final plan of the minor 11 |
|---|
| 870 | + | subdivision or land-development project. 12 |
|---|
| 871 | + | (2)(3) Major subdivisions and land-development projects — Master plan. Except for 13 |
|---|
| 872 | + | dimensional relief granted by modification as set forth in § 45-23-39, requests Requests for relief 14 |
|---|
| 873 | + | from the literal requirements of the zoning ordinance variances for relief from the literal 15 |
|---|
| 874 | + | requirements of the zoning ordinance and/or for the issuance of a special-use permit related to 16 |
|---|
| 875 | + | major subdivisions and land-development projects shall be submitted as part of the application 17 |
|---|
| 876 | + | materials for the master plan stage of review, or if combined, the first stage of review. A public 18 |
|---|
| 877 | + | hearing on the application, including any variance and special-use permit requests that meets the 19 |
|---|
| 878 | + | requirements of subsection (c) of this section, shall be held prior to consideration of the master plan 20 |
|---|
| 879 | + | by the planning board or commission. The planning board or commission shall conditionally 21 |
|---|
| 880 | + | approve or deny the requests for the variance(s) and/or special-use permit(s) before considering the 22 |
|---|
| 881 | + | master plan application for the major subdivision or land-development project. Approval of the 23 |
|---|
| 882 | + | variance(s) and/or special-use permit(s) shall be conditioned on approval of the final plan of the 24 |
|---|
| 883 | + | major subdivision or land-development project. 25 |
|---|
| 884 | + | (3) Major subdivisions and land-development projects — Preliminary plan. During the 26 |
|---|
| 885 | + | preliminary plan stage of review, applicants shall have the ability to request alteration of any 27 |
|---|
| 886 | + | variance(s) and/or special-use permit(s) granted by the planning board or commission during the 28 |
|---|
| 887 | + | master plan stage of review, and/or to request new variance(s) and/or special-use permit(s), based 29 |
|---|
| 888 | + | on the outcomes of the more detailed planning and design necessary for the preliminary plan. If 30 |
|---|
| 889 | + | necessary, the applicant shall submit such requests and all supporting documentation along with 31 |
|---|
| 890 | + | the preliminary plan application materials. If the applicant requests new or additional zoning relief 32 |
|---|
| 891 | + | at this stage a A public hearing on the application, including any alterations and new requests, that 33 |
|---|
| 892 | + | meets the requirements of subsection (c) of this section, shall be held prior to consideration of the 34 |
|---|
| 893 | + | |
|---|
| 894 | + | |
|---|
| 895 | + | LC002437/SUB A - Page 25 of 50 |
|---|
| 896 | + | preliminary plan by the planning board or commission. The planning board or commission shall 1 |
|---|
| 897 | + | conditionally approve, amend, or deny the requests for alteration(s), new variance(s) and/or new 2 |
|---|
| 898 | + | special-use permit(s), before considering the preliminary plan application for the major subdivision 3 |
|---|
| 899 | + | or land-development project. Approval of the alteration(s), new variance(s), and/or new special-4 |
|---|
| 900 | + | use permit(s) shall be conditioned on approval of the final plan of the major subdivision or land-5 |
|---|
| 901 | + | development project. If the planning board or commission denies the request for alteration(s), new 6 |
|---|
| 902 | + | variance(s), and/or new special-use permit(s), the planning board shall have the option of 7 |
|---|
| 903 | + | remanding the application back to the master plan stage of review. Alternatively, if the planning 8 |
|---|
| 904 | + | board or commission denies the request for alteration(s), new variance(s), and/or new special-use 9 |
|---|
| 905 | + | permit(s), the applicant may consent to an extension of the decision period mandated by § 45-23-10 |
|---|
| 906 | + | 41(f) so that additional information can be provided and reviewed by the board or commission. 11 |
|---|
| 907 | + | (4)(c) Decision. The time periods by which the planning board or commission must 12 |
|---|
| 908 | + | approve or deny applications for variances and special-use permits under the unified development 13 |
|---|
| 909 | + | review provisions of the local regulations shall be the same as the time periods by which the board 14 |
|---|
| 910 | + | must make a decision on the applicable review stage of the subdivision or land-development 15 |
|---|
| 911 | + | category of project under review. 16 |
|---|
| 912 | + | (c)(d) Unless otherwise provided in this chapter all All subdivision and land-development 17 |
|---|
| 913 | + | applications that include requests for variances and/or special-use permits submitted under the 18 |
|---|
| 914 | + | development review provisions of the regulations under this section shall require a singular single 19 |
|---|
| 915 | + | public hearing, held pursuant to subsection (b) of this section. All such The public hearings hearing 20 |
|---|
| 916 | + | must meet the following requirements: 21 |
|---|
| 917 | + | (1) Public hearing notice shall adhere to the requirements found in § 45-23-42(b). 22 |
|---|
| 918 | + | (2) The notice area for notice of the public hearing shall be specified in the local 23 |
|---|
| 919 | + | regulations, and shall, at a minimum, include all property located in or within not less than two 24 |
|---|
| 920 | + | hundred feet (200′) of the perimeter of the area included in the subdivision and/or land-development 25 |
|---|
| 921 | + | project. Notice of the public hearing shall be sent by the administrative officer to the administrative 26 |
|---|
| 922 | + | officer of an adjacent municipality if: (1) The notice area extends into the adjacent municipality; or 27 |
|---|
| 923 | + | (2) The development site extends into the adjacent municipality; or (3) There is a potential for 28 |
|---|
| 924 | + | significant negative impact on the adjacent municipality. Additional notice within watersheds shall 29 |
|---|
| 925 | + | also be sent as required in § 45-23-53(b) and (c). 30 |
|---|
| 926 | + | (3) Public notice shall indicate that dimensional variance(s), use variance(s) and/or special-31 |
|---|
| 927 | + | use permit(s) are to be considered for the subdivision and/or land-development project. 32 |
|---|
| 928 | + | (4) The cost of all public notice is to be borne by the applicant. 33 |
|---|
| 929 | + | (d)(e) The time periods by which the planning board or commission permitting authority 34 |
|---|
| 930 | + | |
|---|
| 931 | + | |
|---|
| 932 | + | LC002437/SUB A - Page 26 of 50 |
|---|
| 933 | + | must approve, approve with conditions or deny requests for variances and special-use permits under 1 |
|---|
| 934 | + | the unified development review provisions of a zoning ordinance shall be the same as the time 2 |
|---|
| 935 | + | periods by which the board must make a decision on the applicable review stage of the subdivision 3 |
|---|
| 936 | + | or land development underlying type of project under review. 4 |
|---|
| 937 | + | (f) The expirations period of an approval of a variance or special use permit granted under 5 |
|---|
| 938 | + | this section shall be the same as those set forth in the statute for the underlying type of project under 6 |
|---|
| 939 | + | review. 7 |
|---|
| 940 | + | (e) Requests (g) Decisions under this section, including requests for the variance(s) and/or 8 |
|---|
| 941 | + | special-use permits that are denied by the planning board or commission permitting authority may 9 |
|---|
| 942 | + | be appealed to the board of appeal pursuant to § 45-23-66 45-23-71. 10 |
|---|
| 943 | + | 45-23-55. Administration — The administrative officer Administration -- The 11 |
|---|
| 944 | + | administrative officer -- Effective January 1, 2024. 12 |
|---|
| 945 | + | (a) Local administration of the local regulations is under the direction of the administrative 13 |
|---|
| 946 | + | officer(s), who reports to the planning board. 14 |
|---|
| 947 | + | (b) The local regulations specify the process of appointment and the responsibilities of the 15 |
|---|
| 948 | + | administrative officer(s) who oversees and coordinates the review, approval, recording and 16 |
|---|
| 949 | + | enforcement provisions of the local regulations. The administrative officer(s) serves as the chair of 17 |
|---|
| 950 | + | the technical review committee, where established. The local regulations state minimum 18 |
|---|
| 951 | + | qualifications for this position regarding appropriate education, training or experience in land use 19 |
|---|
| 952 | + | planning and site plan review. 20 |
|---|
| 953 | + | (c) The administrative officer(s) is responsible for coordinating reviews of proposed land 21 |
|---|
| 954 | + | development projects and subdivisions with adjacent municipalities as is necessary to be consistent 22 |
|---|
| 955 | + | with applicable federal, state and local laws and as directed by the planning board. 23 |
|---|
| 956 | + | (d) The administrative officer(s) has the authority to issue approvals and all other authority 24 |
|---|
| 957 | + | where specifically set forth in this chapter. 25 |
|---|
| 958 | + | (d)(e) Enforcement of the local regulations is under the direction of the administrative 26 |
|---|
| 959 | + | officer(s). The officer(s) is responsible for coordinating the enforcement efforts of the zoning 27 |
|---|
| 960 | + | enforcement officer, the building inspector, planning department staff, the city or town engineer, 28 |
|---|
| 961 | + | the department of public works and other local officials responsible for the enforcement or carrying 29 |
|---|
| 962 | + | out of discrete elements of the regulations. 30 |
|---|
| 963 | + | 45-23-56. Administration — Technical review committee Administration -- Technical 31 |
|---|
| 964 | + | review committee -- Effective January 1, 2024. 32 |
|---|
| 965 | + | (a) The planning board may municipality may establish a technical review committee(s) of 33 |
|---|
| 966 | + | not fewer than three (3) members, to conduct technical reviews of applications subject to their 34 |
|---|
| 967 | + | |
|---|
| 968 | + | |
|---|
| 969 | + | LC002437/SUB A - Page 27 of 50 |
|---|
| 970 | + | jurisdiction. Where a technical review committee is established, the The administrative officer shall 1 |
|---|
| 971 | + | serve as chairperson. Membership of this subcommittee committee, to be known as the technical 2 |
|---|
| 972 | + | review committee, or design review committee, may include, but is not limited to, members of the 3 |
|---|
| 973 | + | planning board, planning department staff, other municipal staff representing departments with 4 |
|---|
| 974 | + | responsibility for review or enforcement, conservation commissioners, public members, or other 5 |
|---|
| 975 | + | duly appointed local public commission members. 6 |
|---|
| 976 | + | (b) If the planning board establishes a technical review committee, the If a municipality 7 |
|---|
| 977 | + | establishes a technical review committee or committees, the planning board shall adopt written 8 |
|---|
| 978 | + | procedures establishing the committee’s responsibilities. 9 |
|---|
| 979 | + | (c) The technical review committee(s) has the authority to issue approvals, make findings 10 |
|---|
| 980 | + | and provide recommendations as specifically set forth in this chapter. 11 |
|---|
| 981 | + | (c)(d) Reports of the technical review committee to the planning board shall be in writing 12 |
|---|
| 982 | + | and kept as part of the permanent documentation on the development application. In no case shall 13 |
|---|
| 983 | + | the recommendations of the technical review committee be binding on the planning board in its 14 |
|---|
| 984 | + | activities or decisions. All reports of the technical review committee shall be made available to the 15 |
|---|
| 985 | + | applicant prior to the meeting of the planning board meeting at which the reports are first 16 |
|---|
| 986 | + | considered. 17 |
|---|
| 987 | + | 45-23-62. Procedure — Waivers — Modifications and reinstatement of plans 18 |
|---|
| 988 | + | Procedure -- Waivers -- Modifications and reinstatement of plans -- Effective January 1, 2024. 19 |
|---|
| 989 | + | (a) Waiver of development plan approval. 20 |
|---|
| 990 | + | (1) A planning board may waive requirements for development plan approval where there 21 |
|---|
| 991 | + | is a change in use or occupancy and no extensive construction of improvements is sought. The 22 |
|---|
| 992 | + | waiver may be granted only by a decision by the planning board finding that the use will not affect 23 |
|---|
| 993 | + | existing drainage, circulation, relationship of buildings to each other, landscaping, buffering, 24 |
|---|
| 994 | + | lighting and other considerations of development plan approval, and that the existing facilities do 25 |
|---|
| 995 | + | not require upgraded or additional site improvements. 26 |
|---|
| 996 | + | (2) The application for a waiver of development plan approval review shall include 27 |
|---|
| 997 | + | documentation, as required by the planning board, on prior use of the site, the proposed use, and its 28 |
|---|
| 998 | + | impact. 29 |
|---|
| 999 | + | (b) Waiver and/or modification of requirements. The planning board has the power to grant 30 |
|---|
| 1000 | + | waivers and/or modifications from the requirements for land development and subdivision approval 31 |
|---|
| 1001 | + | as may be reasonable and within the general purposes and intents of the provisions for local 32 |
|---|
| 1002 | + | regulations. The only grounds for waivers and/or modifications are where the literal enforcement 33 |
|---|
| 1003 | + | of one or more provisions of the regulations is impracticable and will exact undue hardship because 34 |
|---|
| 1004 | + | |
|---|
| 1005 | + | |
|---|
| 1006 | + | LC002437/SUB A - Page 28 of 50 |
|---|
| 1007 | + | of peculiar conditions pertaining to the land in question or where waiver and/or modification is in 1 |
|---|
| 1008 | + | the best interest of good planning practice and/or design as evidenced by consistency with the 2 |
|---|
| 1009 | + | municipality’s comprehensive plan and zoning ordinance. 3 |
|---|
| 1010 | + | (c)(b) Local regulations shall include provisions for an applicant to seek reinstatement of 4 |
|---|
| 1011 | + | development applications when the deadlines set in the local regulations and approval agreements 5 |
|---|
| 1012 | + | for particular actions are exceeded and the development application or approval is therefore 6 |
|---|
| 1013 | + | rendered invalid. Where an approval has expired, the local regulations shall specify the point in the 7 |
|---|
| 1014 | + | review to which the application may be reinstated. 8 |
|---|
| 1015 | + | (d)(c) Decision. The planning board shall approve, approve with conditions or deny the 9 |
|---|
| 1016 | + | request for either a waiver or modification as described in subsection (a) or (b) in this section, 10 |
|---|
| 1017 | + | according to the requirements of § 45-23-63. 11 |
|---|
| 1018 | + | 45-23-67. Appeals — Process of appeal Appeals from decision of administrative 12 |
|---|
| 1019 | + | officer -- Effective January 1, 2024. 13 |
|---|
| 1020 | + | (a) Process and timing. Local regulations adopted pursuant to this chapter shall provide 14 |
|---|
| 1021 | + | that an appeal from any decision of the administrative officer charged in the regulations with 15 |
|---|
| 1022 | + | enforcement of any provisions, except as provided in this section, may be taken to the board of 16 |
|---|
| 1023 | + | appeal by an aggrieved party as set forth in this section. Decisions by the administrative officer 17 |
|---|
| 1024 | + | approving or denying projects under §§ 45-23-38 or 45-23-50 shall not be subject to this section 18 |
|---|
| 1025 | + | and shall proceed directly to Superior Court as set forth in § 45-23-71. 19 |
|---|
| 1026 | + | (1) An appeal to the board of appeal from a decision or action of the planning board or 20 |
|---|
| 1027 | + | administrative officer may be taken by an aggrieved party to the extent provided in § 45-23-66. 21 |
|---|
| 1028 | + | The appeal must be taken within twenty (20) days after the decision has been recorded in the city’s 22 |
|---|
| 1029 | + | or town’s land evidence records and posted in the office of the city or town clerk. 23 |
|---|
| 1030 | + | (b)(2) The appeal shall be in writing and state clearly and unambiguously the issue or 24 |
|---|
| 1031 | + | decision that is being appealed, the reason for the appeal, and the relief sought. The appeal shall 25 |
|---|
| 1032 | + | either be sent by certified mail, with a return receipt requested, or be hand-delivered to the board 26 |
|---|
| 1033 | + | of appeal. The city or town clerk shall accept delivery of an appeal on behalf of the board of appeal, 27 |
|---|
| 1034 | + | if the local regulations governing land development and subdivision review so provide. 28 |
|---|
| 1035 | + | (c)(3) Upon receipt of an appeal, the board of appeal shall require the planning board or 29 |
|---|
| 1036 | + | administrative officer to immediately transmit to the board of appeal, all papers, documents and 30 |
|---|
| 1037 | + | plans, or a certified copy thereof, constituting the record of the action which is being appealed. 31 |
|---|
| 1038 | + | (b) Stay. An appeal stays all proceedings in furtherance of the action being appealed. 32 |
|---|
| 1039 | + | (c) Hearing. 33 |
|---|
| 1040 | + | (1) The board of appeal shall hold a hearing on the appeal within forty-five (45) days of 34 |
|---|
| 1041 | + | |
|---|
| 1042 | + | |
|---|
| 1043 | + | LC002437/SUB A - Page 29 of 50 |
|---|
| 1044 | + | the receipt of the appeal, give public notice of the hearing, as well as due notice to the parties of 1 |
|---|
| 1045 | + | interest. At the hearing the parties may appear in person, or be represented by an agent or attorney. 2 |
|---|
| 1046 | + | The board shall render a decision within ten (10) days of the close of the public hearing. The cost 3 |
|---|
| 1047 | + | of any notice required for the hearing shall be borne by the applicant. 4 |
|---|
| 1048 | + | (2) The board of appeal shall only hear appeals of the actions of an administrative officer 5 |
|---|
| 1049 | + | at a meeting called especially for the purpose of hearing the appeals and which has been so 6 |
|---|
| 1050 | + | advertised. 7 |
|---|
| 1051 | + | (3) The hearing, which may be held on the same date and at the same place as a meeting 8 |
|---|
| 1052 | + | of the zoning board of review, must be held as a separate meeting from any zoning board of review 9 |
|---|
| 1053 | + | meeting. Separate minutes and records of votes as required by § 45-23-70(d) shall be maintained 10 |
|---|
| 1054 | + | by the board of appeal. 11 |
|---|
| 1055 | + | (d) Standards of Review. 12 |
|---|
| 1056 | + | (1) As established by this chapter, in instances of a board of appeal's review of an 13 |
|---|
| 1057 | + | administrative officer's decision on matters subject to this chapter, the board of appeal shall not 14 |
|---|
| 1058 | + | substitute its own judgment for that of the administrative officer but must consider the issue upon 15 |
|---|
| 1059 | + | the findings and record of the administrative officer. The board of appeal shall not reverse a 16 |
|---|
| 1060 | + | decision of the administrative officer except on a finding of prejudicial procedural error, clear error, 17 |
|---|
| 1061 | + | or lack of support by the weight of the evidence in the record. 18 |
|---|
| 1062 | + | (2) The concurring vote of three (3) of the five (5) members of the board of appeal sitting 19 |
|---|
| 1063 | + | at a hearing, is necessary to reverse any decision of the administrative officer. 20 |
|---|
| 1064 | + | (3) In the instance where the board of appeal overturns a decision of the administrative 21 |
|---|
| 1065 | + | officer, the proposed project application is remanded to the administrative officer, at the stage of 22 |
|---|
| 1066 | + | processing from which the appeal was taken, for further proceedings before the administrative 23 |
|---|
| 1067 | + | officer and/or for the final disposition, which shall be consistent with the board of appeal's decision. 24 |
|---|
| 1068 | + | (4) The board of appeal shall keep complete records of all proceedings including a record 25 |
|---|
| 1069 | + | of all votes taken, and shall put all decisions on appeals in writing. The board of appeal shall include 26 |
|---|
| 1070 | + | in the written record the reasons for each decision. 27 |
|---|
| 1071 | + | 45-23-71. Appeals to the superior court Appeals to the superior court -- Effective 28 |
|---|
| 1072 | + | January 1, 2024. 29 |
|---|
| 1073 | + | (a) An aggrieved party may appeal a decision of the board of appeal, a decision of an 30 |
|---|
| 1074 | + | administrative officer made pursuant to §§ 45-23-38 or §45-23-50 where authorized to approve or 31 |
|---|
| 1075 | + | deny an application, a decision of the technical review committee, where authorized to approve or 32 |
|---|
| 1076 | + | deny an application, or a decision of the planning board, to the superior court for the county in 33 |
|---|
| 1077 | + | which the municipality is situated by filing a complaint stating the reasons of for the appeal within 34 |
|---|
| 1078 | + | |
|---|
| 1079 | + | |
|---|
| 1080 | + | LC002437/SUB A - Page 30 of 50 |
|---|
| 1081 | + | twenty (20) days after the decision has been recorded and posted in the office of the city or town 1 |
|---|
| 1082 | + | clerk. Recommendations by any public body or officer under this chapter are not appealable under 2 |
|---|
| 1083 | + | this section. The board of appeal authorized permitting authority shall file the original documents 3 |
|---|
| 1084 | + | acted upon by it and constituting the record of the case appealed from, or certified copies of the 4 |
|---|
| 1085 | + | original documents, together with any other facts that may be pertinent, with the clerk of the court 5 |
|---|
| 1086 | + | within thirty (30) days after being served with a copy of the complaint. When the complaint is filed 6 |
|---|
| 1087 | + | by someone other than the original applicant or appellant, the original applicant or appellant and 7 |
|---|
| 1088 | + | the members of the planning board shall be made parties to the proceedings. No responsive pleading 8 |
|---|
| 1089 | + | is required for an appeal filed pursuant to this section. The appeal does not stay proceedings upon 9 |
|---|
| 1090 | + | the decision appealed from, but the court may, in its discretion, grant a stay on appropriate terms 10 |
|---|
| 1091 | + | and make any other orders that it deems necessary for an equitable disposition of the appeal. 11 |
|---|
| 1092 | + | (b) Appeals from a decision granting or denying approval of a final plan shall be limited to 12 |
|---|
| 1093 | + | elements of the approval or disapproval not contained in the decision reached by the planning board 13 |
|---|
| 1094 | + | at the preliminary stage; providing that, a public hearing has been held on the plan, if required 14 |
|---|
| 1095 | + | pursuant to this chapter. 15 |
|---|
| 1096 | + | (c) The review shall be conducted by the superior court without a jury. The court shall 16 |
|---|
| 1097 | + | consider the record of the hearing before the planning board and, if it appear to the court that 17 |
|---|
| 1098 | + | additional evidence is necessary for the proper disposition of the matter, it may allow any party to 18 |
|---|
| 1099 | + | the appeal to present evidence in open court, which evidence, along with the report, shall constitute 19 |
|---|
| 1100 | + | the record upon which the determination of the court shall be made. 20 |
|---|
| 1101 | + | (c)(d) The court shall not substitute its judgment for that of the planning board as to the 21 |
|---|
| 1102 | + | weight of the evidence on questions of fact. The court may affirm the decision of the board of 22 |
|---|
| 1103 | + | appeal or remand the case for further proceedings, or may reverse or modify the decision if 23 |
|---|
| 1104 | + | substantial rights of the appellant have been prejudiced because of findings, inferences, conclusions 24 |
|---|
| 1105 | + | or decisions which are: 25 |
|---|
| 1106 | + | (1) In violation of constitutional, statutory, ordinance or planning board regulations 26 |
|---|
| 1107 | + | provisions; 27 |
|---|
| 1108 | + | (2) In excess of the authority granted to the planning board by statute or ordinance; 28 |
|---|
| 1109 | + | (3) Made upon unlawful procedure; 29 |
|---|
| 1110 | + | (4) Affected by other error of law; 30 |
|---|
| 1111 | + | (5) Clearly erroneous in view of the reliable, probative, and substantial evidence of the 31 |
|---|
| 1112 | + | whole record; or 32 |
|---|
| 1113 | + | (6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted 33 |
|---|
| 1114 | + | exercise of discretion. 34 |
|---|
| 1115 | + | |
|---|
| 1116 | + | |
|---|
| 1117 | + | LC002437/SUB A - Page 31 of 50 |
|---|
| 1118 | + | SECTION 2. Sections 45-24-31, 45-24-46.4, 45-24-47, 45-24-49 and 45-24-58 of the 1 |
|---|
| 1119 | + | General Laws in Chapter 45-24 entitled "Zoning Ordinances" are hereby amended to read as 2 |
|---|
| 1120 | + | follows: 3 |
|---|
| 1121 | + | 45-24-31. Definitions Definitions --Effective January 1, 2024. 4 |
|---|
| 1122 | + | Where words or terms used in this chapter are defined in § 45-22.2-4 or 45-23-32, they 5 |
|---|
| 1123 | + | have the meanings stated in that section. In addition, the following words have the following 6 |
|---|
| 1124 | + | meanings. Additional words and phrases may be used in developing local ordinances under this 7 |
|---|
| 1125 | + | chapter; however, the words and phrases defined in this section are controlling in all local 8 |
|---|
| 1126 | + | ordinances created under this chapter: 9 |
|---|
| 1127 | + | (1) Abutter. One whose property abuts, that is, adjoins at a border, boundary, or point with 10 |
|---|
| 1128 | + | no intervening land. 11 |
|---|
| 1129 | + | (2) Accessory dwelling unit (ADU). A residential living unit on the same parcel where the 12 |
|---|
| 1130 | + | primary use is a legally established single-unit or multi-unit dwelling. An ADU provides complete 13 |
|---|
| 1131 | + | independent living facilities for one or more persons. It may take various forms including, but not 14 |
|---|
| 1132 | + | limited to: a detached unit; a unit that is part of an accessory structure, such as a detached garage; 15 |
|---|
| 1133 | + | or a unit that is part of an expanded or remodeled primary dwelling. 16 |
|---|
| 1134 | + | (3) Accessory use. A use of land or of a building, or portion thereof, customarily incidental 17 |
|---|
| 1135 | + | and subordinate to the principal use of the land or building. An accessory use may be restricted to 18 |
|---|
| 1136 | + | the same lot as the principal use. An accessory use shall not be permitted without the principal use 19 |
|---|
| 1137 | + | to which it is related. 20 |
|---|
| 1138 | + | (4) Aggrieved party. An aggrieved party, for purposes of this chapter, shall be: 21 |
|---|
| 1139 | + | (i) Any person, or persons, or entity, or entities, who or that can demonstrate that his, her, 22 |
|---|
| 1140 | + | or its property will be injured by a decision of any officer or agency responsible for administering 23 |
|---|
| 1141 | + | the zoning ordinance of a city or town; or 24 |
|---|
| 1142 | + | (ii) Anyone requiring notice pursuant to this chapter. 25 |
|---|
| 1143 | + | (5) Agricultural land. “Agricultural land,” as defined in § 45-22.2-4. 26 |
|---|
| 1144 | + | (6) Airport hazard area. “Airport hazard area,” as defined in § 1-3-2. 27 |
|---|
| 1145 | + | (7) Applicant. An owner, or authorized agent of the owner, submitting an application or 28 |
|---|
| 1146 | + | appealing an action of any official, board, or agency. 29 |
|---|
| 1147 | + | (8) Application. The completed form, or forms, and all accompanying documents, exhibits, 30 |
|---|
| 1148 | + | and fees required of an applicant by an approving authority for development review, approval, or 31 |
|---|
| 1149 | + | permitting purposes. 32 |
|---|
| 1150 | + | (9) Buffer. Land that is maintained in either a natural or landscaped state, and is used to 33 |
|---|
| 1151 | + | screen or mitigate the impacts of development on surrounding areas, properties, or rights-of-way. 34 |
|---|
| 1152 | + | |
|---|
| 1153 | + | |
|---|
| 1154 | + | LC002437/SUB A - Page 32 of 50 |
|---|
| 1155 | + | (10) Building. Any structure used or intended for supporting or sheltering any use or 1 |
|---|
| 1156 | + | occupancy. 2 |
|---|
| 1157 | + | (11) Building envelope. The three-dimensional space within which a structure is permitted 3 |
|---|
| 1158 | + | to be built on a lot and that is defined by regulations governing building setbacks, maximum height, 4 |
|---|
| 1159 | + | and bulk; by other regulations; or by any combination thereof. 5 |
|---|
| 1160 | + | (12) Building height. For a vacant parcel of land, building height shall be measured from 6 |
|---|
| 1161 | + | the average, existing-grade elevation where the foundation of the structure is proposed. For an 7 |
|---|
| 1162 | + | existing structure, building height shall be measured from average grade taken from the outermost 8 |
|---|
| 1163 | + | four (4) corners of the existing foundation. In all cases, building height shall be measured to the top 9 |
|---|
| 1164 | + | of the highest point of the existing or proposed roof or structure. This distance shall exclude spires, 10 |
|---|
| 1165 | + | chimneys, flag poles, and the like. For any property or structure located in a special flood hazard 11 |
|---|
| 1166 | + | area, as shown on the official FEMA Flood Insurance Rate Maps (FIRMs), or depicted on the 12 |
|---|
| 1167 | + | Rhode Island coastal resources management council (CRMC) suggested design elevation three foot 13 |
|---|
| 1168 | + | (3′) sea level rise (CRMC SDE 3 SLR) map as being inundated during a one-hundred-year (100) 14 |
|---|
| 1169 | + | storm, the greater of the following amounts, expressed in feet, shall be excluded from the building 15 |
|---|
| 1170 | + | height calculation: 16 |
|---|
| 1171 | + | (i) The base flood elevation on the FEMA FIRM plus up to five feet (5′) of any utilized or 17 |
|---|
| 1172 | + | proposed freeboard, less the average existing grade elevation; or 18 |
|---|
| 1173 | + | (ii) The suggested design elevation as depicted on the CRMC SDE 3 SLR map during a 19 |
|---|
| 1174 | + | one-hundred-year (100) storm, less the average existing grade elevation. CRMC shall reevaluate 20 |
|---|
| 1175 | + | the appropriate suggested design elevation map for the exclusion every ten (10) years, or as 21 |
|---|
| 1176 | + | otherwise necessary. 22 |
|---|
| 1177 | + | (13) Cluster. A site-planning technique that concentrates buildings in specific areas on the 23 |
|---|
| 1178 | + | site to allow the remaining land to be used for recreation, common open space, and/or preservation 24 |
|---|
| 1179 | + | of environmentally, historically, culturally, or other sensitive features and/or structures. The 25 |
|---|
| 1180 | + | techniques used to concentrate buildings shall be specified in the ordinance and may include, but 26 |
|---|
| 1181 | + | are not limited to, reduction in lot areas, setback requirements, and/or bulk requirements, with the 27 |
|---|
| 1182 | + | resultant open land being devoted by deed restrictions for one or more uses. Under cluster 28 |
|---|
| 1183 | + | development, there is no increase in the number of lots that would be permitted under conventional 29 |
|---|
| 1184 | + | development except where ordinance provisions include incentive bonuses for certain types or 30 |
|---|
| 1185 | + | conditions of development. 31 |
|---|
| 1186 | + | (14) Common ownership. Either: 32 |
|---|
| 1187 | + | (i) Ownership by one or more individuals or entities in any form of ownership of two (2) 33 |
|---|
| 1188 | + | or more contiguous lots; or 34 |
|---|
| 1189 | + | |
|---|
| 1190 | + | |
|---|
| 1191 | + | LC002437/SUB A - Page 33 of 50 |
|---|
| 1192 | + | (ii) Ownership by any association (ownership may also include a municipality) of one or 1 |
|---|
| 1193 | + | more lots under specific development techniques. 2 |
|---|
| 1194 | + | (15) Community residence. A home or residential facility where children and/or adults 3 |
|---|
| 1195 | + | reside in a family setting and may or may not receive supervised care. This does not include halfway 4 |
|---|
| 1196 | + | houses or substance-use-disorder-treatment facilities. This does include, but is not limited to, the 5 |
|---|
| 1197 | + | following: 6 |
|---|
| 1198 | + | (i) Whenever six (6) or fewer children or adults with intellectual and/or developmental 7 |
|---|
| 1199 | + | disability reside in any type of residence in the community, as licensed by the state pursuant to 8 |
|---|
| 1200 | + | chapter 24 of title 40.1. All requirements pertaining to local zoning are waived for these community 9 |
|---|
| 1201 | + | residences; 10 |
|---|
| 1202 | + | (ii) A group home providing care or supervision, or both, to not more than eight (8) persons 11 |
|---|
| 1203 | + | with disabilities, and licensed by the state pursuant to chapter 24 of title 40.1; 12 |
|---|
| 1204 | + | (iii) A residence for children providing care or supervision, or both, to not more than eight 13 |
|---|
| 1205 | + | (8) children, including those of the caregiver, and licensed by the state pursuant to chapter 72.1 of 14 |
|---|
| 1206 | + | title 42; 15 |
|---|
| 1207 | + | (iv) A community transitional residence providing care or assistance, or both, to no more 16 |
|---|
| 1208 | + | than six (6) unrelated persons or no more than three (3) families, not to exceed a total of eight (8) 17 |
|---|
| 1209 | + | persons, requiring temporary financial assistance, and/or to persons who are victims of crimes, 18 |
|---|
| 1210 | + | abuse, or neglect, and who are expected to reside in that residence not less than sixty (60) days nor 19 |
|---|
| 1211 | + | more than two (2) years. Residents will have access to, and use of, all common areas, including 20 |
|---|
| 1212 | + | eating areas and living rooms, and will receive appropriate social services for the purpose of 21 |
|---|
| 1213 | + | fostering independence, self-sufficiency, and eventual transition to a permanent living situation. 22 |
|---|
| 1214 | + | (16) Comprehensive plan. The comprehensive plan adopted and approved pursuant to 23 |
|---|
| 1215 | + | chapter 22.2 of this title and to which any zoning adopted pursuant to this chapter shall be in 24 |
|---|
| 1216 | + | compliance. 25 |
|---|
| 1217 | + | (17) Day care — Daycare center. Any other daycare center that is not a family daycare 26 |
|---|
| 1218 | + | home. 27 |
|---|
| 1219 | + | (18) Day care — Family daycare home. Any home, other than the individual’s home, in 28 |
|---|
| 1220 | + | which day care in lieu of parental care or supervision is offered at the same time to six (6) or less 29 |
|---|
| 1221 | + | individuals who are not relatives of the caregiver, but may not contain more than a total of eight 30 |
|---|
| 1222 | + | (8) individuals receiving day care. 31 |
|---|
| 1223 | + | (19) Density, residential. The number of dwelling units per unit of land. 32 |
|---|
| 1224 | + | (20) Development. The construction, reconstruction, conversion, structural alteration, 33 |
|---|
| 1225 | + | relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; 34 |
|---|
| 1226 | + | |
|---|
| 1227 | + | |
|---|
| 1228 | + | LC002437/SUB A - Page 34 of 50 |
|---|
| 1229 | + | or any change in use, or alteration or extension of the use, of land. 1 |
|---|
| 1230 | + | (21) Development plan review. The process whereby authorized, local officials review the 2 |
|---|
| 1231 | + | site plans, maps, and other documentation of a development to determine the compliance with the 3 |
|---|
| 1232 | + | stated purposes and standards of the ordinance. See §§ 45-23-32 and 45-23-50. 4 |
|---|
| 1233 | + | (22) District. See “zoning-use district.” 5 |
|---|
| 1234 | + | (23) Drainage system. A system for the removal of water from land by drains, grading, or 6 |
|---|
| 1235 | + | other appropriate means. These techniques may include runoff controls to minimize erosion and 7 |
|---|
| 1236 | + | sedimentation during and after construction or development; the means for preserving surface and 8 |
|---|
| 1237 | + | groundwaters; and the prevention and/or alleviation of flooding. 9 |
|---|
| 1238 | + | (24) Dwelling unit. A structure, or portion of a structure, providing complete, independent 10 |
|---|
| 1239 | + | living facilities for one or more persons, including permanent provisions for living, sleeping, eating, 11 |
|---|
| 1240 | + | cooking, and sanitation, and containing a separate means of ingress and egress. 12 |
|---|
| 1241 | + | (25) Extractive industry. The extraction of minerals, including: solids, such as coal and 13 |
|---|
| 1242 | + | ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes 14 |
|---|
| 1243 | + | quarrying; well operation; milling, such as crushing, screening, washing, and flotation; and other 15 |
|---|
| 1244 | + | preparation customarily done at the extraction site or as a part of the extractive activity. 16 |
|---|
| 1245 | + | (26) Family member. A person, or persons, related by blood, marriage, or other legal 17 |
|---|
| 1246 | + | means, including, but not limited to, a child, parent, spouse, mother-in-law, father-in-law, 18 |
|---|
| 1247 | + | grandparents, grandchildren, domestic partner, sibling, care recipient, or member of the household. 19 |
|---|
| 1248 | + | (27) Floating zone. An unmapped zoning district adopted within the ordinance that is 20 |
|---|
| 1249 | + | established on the zoning map only when an application for development, meeting the zone 21 |
|---|
| 1250 | + | requirements, is approved. 22 |
|---|
| 1251 | + | (28) Floodplains, or Flood hazard area. As defined in § 45-22.2-4. 23 |
|---|
| 1252 | + | (29) Freeboard. A factor of safety expressed in feet above the base flood elevation of a 24 |
|---|
| 1253 | + | flood hazard area for purposes of floodplain management. Freeboard compensates for the many 25 |
|---|
| 1254 | + | unknown factors that could contribute to flood heights, such as wave action, bridge openings, and 26 |
|---|
| 1255 | + | the hydrological effect of urbanization of the watershed. 27 |
|---|
| 1256 | + | (30) Groundwater. “Groundwater” and associated terms, as defined in § 46-13.1-3. 28 |
|---|
| 1257 | + | (31) Halfway house. A residential facility for adults or children who have been 29 |
|---|
| 1258 | + | institutionalized for criminal conduct and who require a group setting to facilitate the transition to 30 |
|---|
| 1259 | + | a functional member of society. 31 |
|---|
| 1260 | + | (32) Hardship. See § 45-24-41. 32 |
|---|
| 1261 | + | (33) Historic district or historic site. As defined in § 45-22.2-4. 33 |
|---|
| 1262 | + | (34) Home occupation. Any activity customarily carried out for gain by a resident, 34 |
|---|
| 1263 | + | |
|---|
| 1264 | + | |
|---|
| 1265 | + | LC002437/SUB A - Page 35 of 50 |
|---|
| 1266 | + | conducted as an accessory use in the resident’s dwelling unit. 1 |
|---|
| 1267 | + | (35) Household. One or more persons living together in a single-dwelling unit, with 2 |
|---|
| 1268 | + | common access to, and common use of, all living and eating areas and all areas and facilities for 3 |
|---|
| 1269 | + | the preparation and storage of food within the dwelling unit. The term “household unit” is 4 |
|---|
| 1270 | + | synonymous with the term “dwelling unit” for determining the number of units allowed within any 5 |
|---|
| 1271 | + | structure on any lot in a zoning district. An individual household shall consist of any one of the 6 |
|---|
| 1272 | + | following: 7 |
|---|
| 1273 | + | (i) A family, which may also include servants and employees living with the family; or 8 |
|---|
| 1274 | + | (ii) A person or group of unrelated persons living together. The maximum number may be 9 |
|---|
| 1275 | + | set by local ordinance, but this maximum shall not be less than three (3). 10 |
|---|
| 1276 | + | (36) Incentive zoning. The process whereby the local authority may grant additional 11 |
|---|
| 1277 | + | development capacity in exchange for the developer’s provision of a public benefit or amenity as 12 |
|---|
| 1278 | + | specified in local ordinances. 13 |
|---|
| 1279 | + | (37) Infrastructure. Facilities and services needed to sustain residential, commercial, 14 |
|---|
| 1280 | + | industrial, institutional, and other activities. 15 |
|---|
| 1281 | + | (38) Land-development project. As defined in § 45-23-32. A project in which one or more 16 |
|---|
| 1282 | + | lots, tracts, or parcels of land are developed or redeveloped as a coordinated site for one or more 17 |
|---|
| 1283 | + | uses, units, or structures, including, but not limited to, planned development or cluster development 18 |
|---|
| 1284 | + | for residential, commercial, institutional, recreational, open space, or mixed uses as provided in the 19 |
|---|
| 1285 | + | zoning ordinance. 20 |
|---|
| 1286 | + | (39) Lot. Either: 21 |
|---|
| 1287 | + | (i) The basic development unit for determination of lot area, depth, and other dimensional 22 |
|---|
| 1288 | + | regulations; or 23 |
|---|
| 1289 | + | (ii) A parcel of land whose boundaries have been established by some legal instrument, 24 |
|---|
| 1290 | + | such as a recorded deed or recorded map, and that is recognized as a separate legal entity for 25 |
|---|
| 1291 | + | purposes of transfer of title. 26 |
|---|
| 1292 | + | (40) Lot area. The total area within the boundaries of a lot, excluding any street right-of-27 |
|---|
| 1293 | + | way, usually reported in acres or square feet. 28 |
|---|
| 1294 | + | (41) Lot area, minimum. The smallest land area established by the local zoning ordinance 29 |
|---|
| 1295 | + | upon which a use, building, or structure may be located in a particular zoning district. 30 |
|---|
| 1296 | + | (42) Lot building coverage. That portion of the lot that is, or may be, covered by buildings 31 |
|---|
| 1297 | + | and accessory buildings. 32 |
|---|
| 1298 | + | (43) Lot depth. The distance measured from the front lot line to the rear lot line. For lots 33 |
|---|
| 1299 | + | where the front and rear lot lines are not parallel, the lot depth is an average of the depth. 34 |
|---|
| 1300 | + | |
|---|
| 1301 | + | |
|---|
| 1302 | + | LC002437/SUB A - Page 36 of 50 |
|---|
| 1303 | + | (44) Lot frontage. That portion of a lot abutting a street. A zoning ordinance shall specify 1 |
|---|
| 1304 | + | how noncontiguous frontage will be considered with regard to minimum frontage requirements. 2 |
|---|
| 1305 | + | (45) Lot line. A line of record, bounding a lot, that divides one lot from another lot or from 3 |
|---|
| 1306 | + | a public or private street or any other public or private space and shall include: 4 |
|---|
| 1307 | + | (i) Front: the lot line separating a lot from a street right-of-way. A zoning ordinance shall 5 |
|---|
| 1308 | + | specify the method to be used to determine the front lot line on lots fronting on more than one 6 |
|---|
| 1309 | + | street, for example, corner and through lots; 7 |
|---|
| 1310 | + | (ii) Rear: the lot line opposite and most distant from the front lot line, or in the case of 8 |
|---|
| 1311 | + | triangular or otherwise irregularly shaped lots, an assumed line at least ten feet (10′) in length 9 |
|---|
| 1312 | + | entirely within the lot, parallel to and at a maximum distance from, the front lot line; and 10 |
|---|
| 1313 | + | (iii) Side: any lot line other than a front or rear lot line. On a corner lot, a side lot line may 11 |
|---|
| 1314 | + | be a street lot line, depending on requirements of the local zoning ordinance. 12 |
|---|
| 1315 | + | (46) Lot size, minimum. Shall have the same meaning as “minimum lot area” defined 13 |
|---|
| 1316 | + | herein. 14 |
|---|
| 1317 | + | (47) Lot, through. A lot that fronts upon two (2) parallel streets, or that fronts upon two (2) 15 |
|---|
| 1318 | + | streets that do not intersect at the boundaries of the lot. 16 |
|---|
| 1319 | + | (48) Lot width. The horizontal distance between the side lines of a lot measured at right 17 |
|---|
| 1320 | + | angles to its depth along a straight line parallel to the front lot line at the minimum front setback 18 |
|---|
| 1321 | + | line. 19 |
|---|
| 1322 | + | (49) Mere inconvenience. See § 45-24-41. 20 |
|---|
| 1323 | + | (50) Mixed use. A mixture of land uses within a single development, building, or tract. 21 |
|---|
| 1324 | + | (51) Modification. Permission granted and administered by the zoning enforcement officer 22 |
|---|
| 1325 | + | of the city or town, and pursuant to the provisions of this chapter to grant a dimensional variance 23 |
|---|
| 1326 | + | other than lot area requirements from the zoning ordinance to a limited degree as determined by 24 |
|---|
| 1327 | + | the zoning ordinance of the city or town, but not to exceed twenty-five percent (25%) of each of 25 |
|---|
| 1328 | + | the applicable dimensional requirements. 26 |
|---|
| 1329 | + | (52) Nonconformance. A building, structure, or parcel of land, or use thereof, lawfully 27 |
|---|
| 1330 | + | existing at the time of the adoption or amendment of a zoning ordinance and not in conformity with 28 |
|---|
| 1331 | + | the provisions of that ordinance or amendment. Nonconformance is of only two (2) types: 29 |
|---|
| 1332 | + | (i) Nonconforming by use: a lawfully established use of land, building, or structure that is 30 |
|---|
| 1333 | + | not a permitted use in that zoning district. A building or structure containing more dwelling units 31 |
|---|
| 1334 | + | than are permitted by the use regulations of a zoning ordinance is nonconformity by use; or 32 |
|---|
| 1335 | + | (ii) Nonconforming by dimension: a building, structure, or parcel of land not in compliance 33 |
|---|
| 1336 | + | with the dimensional regulations of the zoning ordinance. Dimensional regulations include all 34 |
|---|
| 1337 | + | |
|---|
| 1338 | + | |
|---|
| 1339 | + | LC002437/SUB A - Page 37 of 50 |
|---|
| 1340 | + | regulations of the zoning ordinance, other than those pertaining to the permitted uses. A building 1 |
|---|
| 1341 | + | or structure containing more dwelling units than are permitted by the use regulations of a zoning 2 |
|---|
| 1342 | + | ordinance is nonconforming by use; a building or structure containing a permitted number of 3 |
|---|
| 1343 | + | dwelling units by the use regulations of the zoning ordinance, but not meeting the lot area per 4 |
|---|
| 1344 | + | dwelling unit regulations, is nonconforming by dimension. 5 |
|---|
| 1345 | + | (53) Overlay district. A district established in a zoning ordinance that is superimposed on 6 |
|---|
| 1346 | + | one or more districts or parts of districts. The standards and requirements associated with an overlay 7 |
|---|
| 1347 | + | district may be more or less restrictive than those in the underlying districts consistent with other 8 |
|---|
| 1348 | + | applicable state and federal laws. 9 |
|---|
| 1349 | + | (54) Performance standards. A set of criteria or limits relating to elements that a particular 10 |
|---|
| 1350 | + | use or process must either meet or may not exceed. 11 |
|---|
| 1351 | + | (55) Permitted use. A use by right that is specifically authorized in a particular zoning 12 |
|---|
| 1352 | + | district. 13 |
|---|
| 1353 | + | (56) Planned development. A “land-development project,” as defined in subsection (38), 14 |
|---|
| 1354 | + | and developed according to plan as a single entity and containing one or more structures or uses 15 |
|---|
| 1355 | + | with appurtenant common areas. 16 |
|---|
| 1356 | + | (57) Plant agriculture. The growing of plants for food or fiber, to sell or consume. 17 |
|---|
| 1357 | + | (58) Preapplication conference. A review meeting of a proposed development held between 18 |
|---|
| 1358 | + | applicants and reviewing agencies as permitted by law and municipal ordinance, before formal 19 |
|---|
| 1359 | + | submission of an application for a permit or for development approval. 20 |
|---|
| 1360 | + | (59) Setback line or lines. A line, or lines, parallel to a lot line at the minimum distance of 21 |
|---|
| 1361 | + | the required setback for the zoning district in which the lot is located that establishes the area within 22 |
|---|
| 1362 | + | which the principal structure must be erected or placed. 23 |
|---|
| 1363 | + | (60) Site plan. The development plan for one or more lots on which is shown the existing 24 |
|---|
| 1364 | + | and/or the proposed conditions of the lot. 25 |
|---|
| 1365 | + | (61) Slope of land. The grade, pitch, rise, or incline of the topographic landform or surface 26 |
|---|
| 1366 | + | of the ground. 27 |
|---|
| 1367 | + | (62) Special use. A regulated use that is permitted pursuant to the special-use permit issued 28 |
|---|
| 1368 | + | by the authorized governmental entity, pursuant to § 45-24-42. Formerly referred to as a special 29 |
|---|
| 1369 | + | exception. 30 |
|---|
| 1370 | + | (63) Structure. A combination of materials to form a construction for use, occupancy, or 31 |
|---|
| 1371 | + | ornamentation, whether installed on, above, or below the surface of land or water. 32 |
|---|
| 1372 | + | (64) Substandard lot of record. Any lot lawfully existing at the time of adoption or 33 |
|---|
| 1373 | + | amendment of a zoning ordinance and not in conformance with the dimensional or area provisions 34 |
|---|
| 1374 | + | |
|---|
| 1375 | + | |
|---|
| 1376 | + | LC002437/SUB A - Page 38 of 50 |
|---|
| 1377 | + | of that ordinance. 1 |
|---|
| 1378 | + | (65) Use. The purpose or activity for which land or buildings are designed, arranged, or 2 |
|---|
| 1379 | + | intended, or for which land or buildings are occupied or maintained. 3 |
|---|
| 1380 | + | (66) Variance. Permission to depart from the literal requirements of a zoning ordinance. 4 |
|---|
| 1381 | + | An authorization for the construction or maintenance of a building or structure, or for the 5 |
|---|
| 1382 | + | establishment or maintenance of a use of land, that is prohibited by a zoning ordinance. There are 6 |
|---|
| 1383 | + | only two (2) categories of variance, a use variance or a dimensional variance. 7 |
|---|
| 1384 | + | (i) Use variance. Permission to depart from the use requirements of a zoning ordinance 8 |
|---|
| 1385 | + | where the applicant for the requested variance has shown by evidence upon the record that the 9 |
|---|
| 1386 | + | subject land or structure cannot yield any beneficial use if it is to conform to the provisions of the 10 |
|---|
| 1387 | + | zoning ordinance. 11 |
|---|
| 1388 | + | (ii) Dimensional variance. Permission to depart from the dimensional requirements of a 12 |
|---|
| 1389 | + | zoning ordinance, where the applicant for the requested relief has shown, by evidence upon the 13 |
|---|
| 1390 | + | record, that there is no other reasonable alternative way to enjoy a legally permitted beneficial use 14 |
|---|
| 1391 | + | of the subject property unless granted the requested relief from the dimensional regulations. 15 |
|---|
| 1392 | + | However, the fact that a use may be more profitable or that a structure may be more valuable after 16 |
|---|
| 1393 | + | the relief is granted are not grounds for relief. 17 |
|---|
| 1394 | + | (67) Waters. As defined in § 46-12-1(23). 18 |
|---|
| 1395 | + | (68) Wetland, coastal. As defined in § 45-22.2-4. 19 |
|---|
| 1396 | + | (69) Wetland, freshwater. As defined in § 2-1-20. 20 |
|---|
| 1397 | + | (70) Zoning certificate. A document signed by the zoning-enforcement officer, as required 21 |
|---|
| 1398 | + | in the zoning ordinance, that acknowledges that a use, structure, building, or lot either complies 22 |
|---|
| 1399 | + | with, or is legally nonconforming to, the provisions of the municipal zoning ordinance or is an 23 |
|---|
| 1400 | + | authorized variance or modification therefrom. 24 |
|---|
| 1401 | + | (71) Zoning map. The map, or maps, that are a part of the zoning ordinance and that 25 |
|---|
| 1402 | + | delineate the boundaries of all mapped zoning districts within the physical boundary of the city or 26 |
|---|
| 1403 | + | town. 27 |
|---|
| 1404 | + | (72) Zoning ordinance. An ordinance enacted by the legislative body of the city or town 28 |
|---|
| 1405 | + | pursuant to this chapter and in the manner providing for the adoption of ordinances in the city or 29 |
|---|
| 1406 | + | town’s legislative or home rule charter, if any, that establish regulations and standards relating to 30 |
|---|
| 1407 | + | the nature and extent of uses of land and structures; that is consistent with the comprehensive plan 31 |
|---|
| 1408 | + | of the city or town as defined in chapter 22.2 of this title; that includes a zoning map; and that 32 |
|---|
| 1409 | + | complies with the provisions of this chapter. 33 |
|---|
| 1410 | + | (73) Zoning-use district. The basic unit in zoning, either mapped or unmapped, to which a 34 |
|---|
| 1411 | + | |
|---|
| 1412 | + | |
|---|
| 1413 | + | LC002437/SUB A - Page 39 of 50 |
|---|
| 1414 | + | uniform set of regulations applies, or a uniform set of regulations for a specified use. Zoning-use 1 |
|---|
| 1415 | + | districts include, but are not limited to: agricultural, commercial, industrial, institutional, open 2 |
|---|
| 1416 | + | space, and residential. Each district may include sub-districts. Districts may be combined. 3 |
|---|
| 1417 | + | 45-24-46.4. Special provisions — Unified development review Special provisions -- 4 |
|---|
| 1418 | + | Unified development review -- Effective January 1, 2024. 5 |
|---|
| 1419 | + | (a) A zoning ordinance may shall provide that review and approval of decision on 6 |
|---|
| 1420 | + | dimensional variances, use variances, and/or special-use permits for properties undergoing review 7 |
|---|
| 1421 | + | which qualifies for unified development review by the planning board or commission as land 8 |
|---|
| 1422 | + | development or subdivision projects pursuant to § 45-23-36 authorized permitting authority, be 9 |
|---|
| 1423 | + | conducted and decided by the planning board or commission authorized permitting authority. This 10 |
|---|
| 1424 | + | process is to be known as unified development review. 11 |
|---|
| 1425 | + | (b) If unified development review is desired, such review must be enabled within the 12 |
|---|
| 1426 | + | zoning ordinance, in accordance with this section, and the The local subdivision and land-13 |
|---|
| 1427 | + | development regulations must be brought into conformance, ordinance and regulation shall provide 14 |
|---|
| 1428 | + | for the application and review process pursuant to § 45-23-50.1. 15 |
|---|
| 1429 | + | (c) A zoning ordinance that provides for unified development review shall: 16 |
|---|
| 1430 | + | (1) Specify which types of zoning approval Empower the planning board or commission 17 |
|---|
| 1431 | + | shall be empowered authorized permitting authority to grant, grant with conditions or deny zoning 18 |
|---|
| 1432 | + | relief for which types of projects ; and 19 |
|---|
| 1433 | + | (2) Provide that any person, group, agency, or corporation that files an application for an 20 |
|---|
| 1434 | + | included land development or subdivision a project under this section may shall also file specific 21 |
|---|
| 1435 | + | requests for relief from the literal requirements of a zoning ordinance on the subject property, 22 |
|---|
| 1436 | + | pursuant to § 45-24-41, and/or for the issuance of special-use permits for the subject property, 23 |
|---|
| 1437 | + | pursuant to § 45-24-42, by including such within the application to the administrative officer of the 24 |
|---|
| 1438 | + | planning board or commission with the other required application materials, pursuant to § 45-23-25 |
|---|
| 1439 | + | 50.1(b). 26 |
|---|
| 1440 | + | (d) A zoning ordinance that provides for unified development review may specify design, 27 |
|---|
| 1441 | + | use, public benefit, or other relevant criteria that must be met in order for an application to qualify 28 |
|---|
| 1442 | + | for review under the unified development review provisions of the zoning ordinance. Certification 29 |
|---|
| 1443 | + | as to whether an application meets the established criteria shall be conducted in conjunction with, 30 |
|---|
| 1444 | + | and following the time lines outlined for, certification of completeness of the application, pursuant 31 |
|---|
| 1445 | + | to §§ 45-23-38(c), 45-23-40(b), or 45-23-41(b). 32 |
|---|
| 1446 | + | (e)(d) All land development and subdivision applications that include requests for 33 |
|---|
| 1447 | + | variances and/or special-use permits submitted pursuant to this section shall require a public 34 |
|---|
| 1448 | + | |
|---|
| 1449 | + | |
|---|
| 1450 | + | LC002437/SUB A - Page 40 of 50 |
|---|
| 1451 | + | hearing that meets the requirements of §§ 45-23-50.1(b) and 45-23-50.1(c). 1 |
|---|
| 1452 | + | (f)(e) In granting requests for dimensional and use variances, the planning board or 2 |
|---|
| 1453 | + | commission authorized permitting authority shall be bound to the requirements of §§ 45-24-41(d) 3 |
|---|
| 1454 | + | and 45-24-41(e) § 45-24-41 relative to entering evidence into the record in satisfaction of the 4 |
|---|
| 1455 | + | applicable standards. 5 |
|---|
| 1456 | + | (g)(f) In reviewing requests for special-use permits, the planning board or commission 6 |
|---|
| 1457 | + | authorized permitting authority shall be bound to the conditions and procedures under which a 7 |
|---|
| 1458 | + | special-use permit may be issued and the criteria for the issuance of such permits, as found within 8 |
|---|
| 1459 | + | the zoning ordinance pursuant to §§ 45-24-42(b)(1), 45-24-42(b)(2) and 45-24-42(b)(3) § 45-24-9 |
|---|
| 1460 | + | 42, and shall be required to provide for the recording of findings of fact and written decisions as 10 |
|---|
| 1461 | + | described in the zoning ordinance pursuant to § 45-24-42(b)(5) § 45-24-42. 11 |
|---|
| 1462 | + | (h)(g) An appeal from any decision made pursuant to this section may be taken pursuant to 12 |
|---|
| 1463 | + | § 45-23-66 § 45-24-71. 13 |
|---|
| 1464 | + | 45-24-47. Special provisions -- Land development projects Special provisions -- Land 14 |
|---|
| 1465 | + | development projects -- Effective January 1, 2024. 15 |
|---|
| 1466 | + | (a) A zoning ordinance may shall provide for land development projects which are projects 16 |
|---|
| 1467 | + | in which one or more lots, tracts, or parcels of land are to be developed or redeveloped as a 17 |
|---|
| 1468 | + | coordinated site for a complex of uses, units, or structures, including, but not limited to, planned 18 |
|---|
| 1469 | + | development and/or cluster development for residential, commercial, institutional, industrial, 19 |
|---|
| 1470 | + | recreational, open space, and/or mixed uses as may be provided for in the zoning ordinance are 20 |
|---|
| 1471 | + | defined in § 45-23-32. 21 |
|---|
| 1472 | + | (b) A zoning ordinance adopted pursuant to this chapter which permits or requires the 22 |
|---|
| 1473 | + | creation of land development projects in one or more zoning districts shall require that any land 23 |
|---|
| 1474 | + | development project is referred to the city or town planning board or commission for approval shall 24 |
|---|
| 1475 | + | be reviewed, in accordance with the procedures established by chapter 23 of this title, including 25 |
|---|
| 1476 | + | those for appeal and judicial review, and with any ordinances or regulations adopted pursuant to 26 |
|---|
| 1477 | + | the procedures, whether or not the land development project constitutes a “subdivision”, as defined 27 |
|---|
| 1478 | + | in chapter 23 of this title. No land development project shall be initiated until a plan of the project 28 |
|---|
| 1479 | + | has been submitted to the planning board or commission and approval has been granted by the 29 |
|---|
| 1480 | + | planning board or commission authorized permitting authority. In reviewing, hearing, and deciding 30 |
|---|
| 1481 | + | upon a land development project, the city or town planning board or commission authorized 31 |
|---|
| 1482 | + | permitting authority may be empowered to allow zoning incentives within the project; provided, 32 |
|---|
| 1483 | + | that standards for the adjustments zoning incentives are described in the zoning ordinance, and may 33 |
|---|
| 1484 | + | be empowered to apply any special conditions and stipulations to the approval that may, in the 34 |
|---|
| 1485 | + | |
|---|
| 1486 | + | |
|---|
| 1487 | + | LC002437/SUB A - Page 41 of 50 |
|---|
| 1488 | + | opinion of the planning board or commission authorized permitting authority, be required to 1 |
|---|
| 1489 | + | maintain harmony with neighboring uses and promote the objectives and purposes of the 2 |
|---|
| 1490 | + | comprehensive plan and zoning ordinance. 3 |
|---|
| 1491 | + | (c) In regulating land development projects, an ordinance adopted pursuant to this chapter 4 |
|---|
| 1492 | + | may include, but is not limited to, regulations governing the following: 5 |
|---|
| 1493 | + | (1) A minimum area or site size for a land development project; 6 |
|---|
| 1494 | + | (2) Uses to be permitted within the development; 7 |
|---|
| 1495 | + | (3) Ratios of residential to nonresidential uses where applicable; 8 |
|---|
| 1496 | + | (4) Maximum density per lot and maximum density for the entire development, with; 9 |
|---|
| 1497 | + | (5) Roads, driveways, utilities, parking, and other facilities; regulations may distinguish 10 |
|---|
| 1498 | + | between those facilities intended to remain in private ownership or to be dedicated to the public; 11 |
|---|
| 1499 | + | and 12 |
|---|
| 1500 | + | (6) Buffer areas, landscaping, screening, and shading. 13 |
|---|
| 1501 | + | (d) In regulating land development projects, an ordinance adopted pursuant to this chapter 14 |
|---|
| 1502 | + | shall include provisions for zoning incentives which include the adjustment of applicable lot density 15 |
|---|
| 1503 | + | and dimensional standards where open space is to be permanently set aside for public or common 16 |
|---|
| 1504 | + | use, and/or where the physical characteristics, location, or size of the site require an adjustment, 17 |
|---|
| 1505 | + | and/or where the location, size, and type of housing, commercial, industrial, or other use require an 18 |
|---|
| 1506 | + | adjustment, and/or where housing for low and moderate income families is to be provided, or where 19 |
|---|
| 1507 | + | other amenities not ordinarily required are provided, as stipulated in the zoning ordinance. 20 |
|---|
| 1508 | + | Provision may be made for adjustment of applicable lot density and dimensional standards for 21 |
|---|
| 1509 | + | payment or donation of other land or facilities in lieu of an on-site provision of an amenity that 22 |
|---|
| 1510 | + | would, if provided on-site, enable an adjustment; 23 |
|---|
| 1511 | + | (5) Roads, driveways, utilities, parking, and other facilities; regulations may distinguish 24 |
|---|
| 1512 | + | between those facilities intended to remain in private ownership or to be dedicated to the public; 25 |
|---|
| 1513 | + | and 26 |
|---|
| 1514 | + | (6) Buffer areas, landscaping, screening, and shading. 27 |
|---|
| 1515 | + | (d)(e)(1) A zoning ordinance requiring open land in a cluster development or other land 28 |
|---|
| 1516 | + | development project for public or common use, shall provide that such open land either: (i) be 29 |
|---|
| 1517 | + | conveyed to the city or town and accepted by it for park, open space, agricultural, or other specified 30 |
|---|
| 1518 | + | use or uses, or (ii) be conveyed to a nonprofit organization, the principal purpose of which is the 31 |
|---|
| 1519 | + | conservation of open space or resource protection, or (iii) be conveyed to a corporation or trust 32 |
|---|
| 1520 | + | owned or to be owned by the owners of lots or units within the development, or owners of shares 33 |
|---|
| 1521 | + | within a cooperative development. If such a corporation or trust is used, ownership shall pass with 34 |
|---|
| 1522 | + | |
|---|
| 1523 | + | |
|---|
| 1524 | + | LC002437/SUB A - Page 42 of 50 |
|---|
| 1525 | + | conveyances of the lots or units, or (iv) remain in private ownership if the use is limited to 1 |
|---|
| 1526 | + | agriculture, habitat or forestry, and the city or town has set forth in its community comprehensive 2 |
|---|
| 1527 | + | plan and zoning ordinance that private ownership is necessary for the preservation and management 3 |
|---|
| 1528 | + | of the agricultural, habitat or forest resources. 4 |
|---|
| 1529 | + | (2) In any case where the land is not conveyed to the city or town: 5 |
|---|
| 1530 | + | (i) A restriction, in perpetuity, enforceable by the city or town or by any owner of property 6 |
|---|
| 1531 | + | in the cluster or other land development project in which the land is located shall be recorded 7 |
|---|
| 1532 | + | providing that the land is kept in the authorized condition(s) and not built upon or developed for 8 |
|---|
| 1533 | + | accessory uses such as parking or roadway; and 9 |
|---|
| 1534 | + | (ii) The developmental rights and other conservation easements on the land may be held, 10 |
|---|
| 1535 | + | in perpetuity, by a nonprofit organization, the principal purpose of which is the conservation of 11 |
|---|
| 1536 | + | open space or resource protection. 12 |
|---|
| 1537 | + | (3) All open space land provided by a cluster development or other land development 13 |
|---|
| 1538 | + | project shall be subject to a community approved management plan that will specify the permitted 14 |
|---|
| 1539 | + | uses for the open space. 15 |
|---|
| 1540 | + | 45-24-49. Special provisions — Development plan review Special provisions --16 |
|---|
| 1541 | + | Development plan review -- Effective January 1, 2024. 17 |
|---|
| 1542 | + | (a) A zoning ordinance may shall permit development plan review of applications for uses 18 |
|---|
| 1543 | + | requiring a special-use permit, a variance, a zoning ordinance amendment, and/or a zoning map 19 |
|---|
| 1544 | + | change. The review shall be conducted by the planning board or commission and shall be advisory 20 |
|---|
| 1545 | + | to the permitting authority. pursuant to § 45-23-50, (b) A zoning ordinance may permit 21 |
|---|
| 1546 | + | development plan review of applications for uses that are permitted by right under the zoning 22 |
|---|
| 1547 | + | ordinance, but the review shall only be based on specific and objective guidelines which must be 23 |
|---|
| 1548 | + | stated in the zoning ordinance. The review body permitting authority shall also be set forth in and 24 |
|---|
| 1549 | + | be established by the zoning ordinance. A rejection of the application shall be considered an 25 |
|---|
| 1550 | + | appealable decision pursuant to § 45-24-64. 26 |
|---|
| 1551 | + | (b) The permitting authority may grant relief from the zoning ordinance and may grant 27 |
|---|
| 1552 | + | zoning incentives under specific conditions set forth in the zoning ordinance. 28 |
|---|
| 1553 | + | (c) Nothing in this subsection shall be construed to permit waivers of any regulations unless 29 |
|---|
| 1554 | + | approved by the permitting authority pursuant to the local ordinance and this act. 30 |
|---|
| 1555 | + | 45-24-58. Administration -- Application procedure Administration -- Application 31 |
|---|
| 1556 | + | procedure -- Effective January 1, 2024. 32 |
|---|
| 1557 | + | The zoning ordinance establishes the various application procedures necessary for the 33 |
|---|
| 1558 | + | filing of appeals, requests for variances, special-use permits, development plan reviews, site plan 34 |
|---|
| 1559 | + | |
|---|
| 1560 | + | |
|---|
| 1561 | + | LC002437/SUB A - Page 43 of 50 |
|---|
| 1562 | + | reviews, and other applications that may be specified in the zoning ordinance as allowed by this 1 |
|---|
| 1563 | + | chapter, with the zoning board of review, consistent with the provisions of this chapter. The zoning 2 |
|---|
| 1564 | + | ordinance provides for the creation of appropriate forms, and for the submission and resubmission 3 |
|---|
| 1565 | + | requirements, for each type of application required. A zoning ordinance may establish that a time 4 |
|---|
| 1566 | + | period of a certain number of months is required to pass before a successive similar application 5 |
|---|
| 1567 | + | may be filed. 6 |
|---|
| 1568 | + | SECTION 3. Sections 45-23-34, 45-23-40, 45-23-41, 45-23-43, 45-23-49, 45-23-66, 45-7 |
|---|
| 1569 | + | 23-68, 45-23-69 and 45-23-70 of the General Laws in Chapter 45-23 entitled "Subdivision of Land" 8 |
|---|
| 1570 | + | are hereby repealed as of January 1, 2024. 9 |
|---|
| 1571 | + | 45-23-34. General provisions — Definitions. 10 |
|---|
| 1572 | + | Local regulations adopted pursuant to this chapter shall provide definitions for words or 11 |
|---|
| 1573 | + | phrases contained in the regulations as is deemed appropriate. Where words or phrases used in any 12 |
|---|
| 1574 | + | local regulations, whether or not defined in those regulations, are substantially similar to words or 13 |
|---|
| 1575 | + | phrases defined in § 45-23-32 of this chapter, or § 45-22.2-4 of the Comprehensive Planning and 14 |
|---|
| 1576 | + | Land Use Act or § 45-24-31 of the Zoning Enabling Act of 1991 the words or phrases shall be 15 |
|---|
| 1577 | + | construed according to the definitions provided in those sections of the law. 16 |
|---|
| 1578 | + | 45-23-40. General provisions — Major land development and major subdivision — 17 |
|---|
| 1579 | + | Master plan. 18 |
|---|
| 1580 | + | (a) Submission requirements. 19 |
|---|
| 1581 | + | (1) The applicant shall first submit to the administrative officer the items required by the 20 |
|---|
| 1582 | + | local regulations for master plans. 21 |
|---|
| 1583 | + | (2) Requirements for the master plan and supporting material for this phase of review 22 |
|---|
| 1584 | + | include, but are not limited to: information on the natural and built features of the surrounding 23 |
|---|
| 1585 | + | neighborhood, existing natural and man-made conditions of the development site, including 24 |
|---|
| 1586 | + | topographic features, the freshwater wetland and coastal zone boundaries, the floodplains, as well 25 |
|---|
| 1587 | + | as the proposed design concept, proposed public improvements and dedications, tentative 26 |
|---|
| 1588 | + | construction phasing; and potential neighborhood impacts. 27 |
|---|
| 1589 | + | (3) Initial comments will be solicited from: 28 |
|---|
| 1590 | + | (i) Local agencies including, but not limited to, the planning department, the department of 29 |
|---|
| 1591 | + | public works, fire and police departments, the conservation and recreation commissions; 30 |
|---|
| 1592 | + | (ii) Adjacent communities; 31 |
|---|
| 1593 | + | (iii) State agencies, as appropriate, including the departments of environmental 32 |
|---|
| 1594 | + | management and transportation and the coastal resources management council; and 33 |
|---|
| 1595 | + | (iv) Federal agencies, as appropriate. The administrative officer shall coordinate review 34 |
|---|
| 1596 | + | |
|---|
| 1597 | + | |
|---|
| 1598 | + | LC002437/SUB A - Page 44 of 50 |
|---|
| 1599 | + | and comments by local officials, adjacent communities, and state and federal agencies. 1 |
|---|
| 1600 | + | (4) Requests for relief from the literal requirements of the zoning ordinance and/or for the 2 |
|---|
| 1601 | + | issuance of special-use permits related to major subdivisions and/or major land-development 3 |
|---|
| 1602 | + | projects that are submitted under a zoning ordinance’s unified development review provisions shall 4 |
|---|
| 1603 | + | be included as part of the master plan application, pursuant to § 45-23-50.1(b). 5 |
|---|
| 1604 | + | (b) Certification. The application must be certified, in writing, complete or incomplete by 6 |
|---|
| 1605 | + | the administrative officer within twenty-five (25) days, according to the provisions of § 45-23-7 |
|---|
| 1606 | + | 36(b). The running of the time period set forth herein will be deemed stopped upon the issuance of 8 |
|---|
| 1607 | + | a certificate of incompleteness of the application by the administrative officer and will recommence 9 |
|---|
| 1608 | + | upon the resubmission of a corrected application by the applicant. However, in no event will the 10 |
|---|
| 1609 | + | administrative officer be required to certify a corrected submission as complete or incomplete less 11 |
|---|
| 1610 | + | than ten (10) days after its resubmission. 12 |
|---|
| 1611 | + | (c) Technical review committee. The technical review committee, if established, shall 13 |
|---|
| 1612 | + | review the application and shall comment and make recommendations to the planning board. 14 |
|---|
| 1613 | + | (d) Informational meeting. 15 |
|---|
| 1614 | + | (1) A public informational meeting will be held prior to the planning board decision on the 16 |
|---|
| 1615 | + | master plan, unless the master plan and preliminary plan approvals are being combined, in which 17 |
|---|
| 1616 | + | case the public informational meeting is optional, based upon planning board determination, or 18 |
|---|
| 1617 | + | unified development review has been requested, in which case a public hearing shall be held 19 |
|---|
| 1618 | + | pursuant to § 45-23-50.1(b). 20 |
|---|
| 1619 | + | (2) Public notice for the informational meeting is required and must be given at least seven 21 |
|---|
| 1620 | + | (7) days prior to the date of the meeting in a newspaper of general circulation within the 22 |
|---|
| 1621 | + | municipality. Postcard notice must be mailed to the applicant and to all property owners within the 23 |
|---|
| 1622 | + | notice area, as specified by local regulations. 24 |
|---|
| 1623 | + | (3) At the public informational meeting, the applicant will present the proposed 25 |
|---|
| 1624 | + | development project. The planning board must allow oral and written comments from the general 26 |
|---|
| 1625 | + | public. All public comments are to be made part of the public record of the project application. 27 |
|---|
| 1626 | + | (e) Decision. The planning board shall, within ninety (90) days of certification of 28 |
|---|
| 1627 | + | completeness, or within a further amount of time that may be consented to by the applicant through 29 |
|---|
| 1628 | + | the submission of a written waiver, approve of the master plan as submitted, approve with changes 30 |
|---|
| 1629 | + | and/or conditions, or deny the application, according to the requirements of §§ 45-23-60 and 45-31 |
|---|
| 1630 | + | 23-63. 32 |
|---|
| 1631 | + | (f) Failure to act. Failure of the planning board to act within the prescribed period 33 |
|---|
| 1632 | + | constitutes approval of the master plan, and a certificate of the administrative officer as to the failure 34 |
|---|
| 1633 | + | |
|---|
| 1634 | + | |
|---|
| 1635 | + | LC002437/SUB A - Page 45 of 50 |
|---|
| 1636 | + | of the planning board to act within the required time and the resulting approval will be issued on 1 |
|---|
| 1637 | + | request of the applicant. 2 |
|---|
| 1638 | + | (g) Vesting. 3 |
|---|
| 1639 | + | (1) The approved master plan is vested for a period of two (2) years, with the right to extend 4 |
|---|
| 1640 | + | for two (2), one-year extensions upon written request by the applicant, who must appear before the 5 |
|---|
| 1641 | + | planning board for the annual review. Thereafter, vesting may be extended for a longer period, for 6 |
|---|
| 1642 | + | good cause shown, if requested by the applicant, in writing, and approved by the planning board. 7 |
|---|
| 1643 | + | Master plan vesting includes the zoning requirements, conceptual layout, and all conditions shown 8 |
|---|
| 1644 | + | on the approved master plan drawings and supporting materials. 9 |
|---|
| 1645 | + | (2) The initial four-year (4) vesting for the approved master plan constitutes the vested 10 |
|---|
| 1646 | + | rights for the development as required in § 45-24-44. 11 |
|---|
| 1647 | + | 45-23-41. General provisions — Major land development and major subdivision — 12 |
|---|
| 1648 | + | Preliminary plan. 13 |
|---|
| 1649 | + | (a) Submission requirements. 14 |
|---|
| 1650 | + | (1) The applicant shall first submit to the administrative officer the items required by the 15 |
|---|
| 1651 | + | local regulations for preliminary plans. 16 |
|---|
| 1652 | + | (2) Requirements for the preliminary plan and supporting materials for this phase of the 17 |
|---|
| 1653 | + | review include, but are not limited to: engineering plans depicting the existing site conditions, 18 |
|---|
| 1654 | + | engineering plans depicting the proposed development project, a perimeter survey, all permits 19 |
|---|
| 1655 | + | required by state or federal agencies prior to commencement of construction, including permits 20 |
|---|
| 1656 | + | related to freshwater wetlands, the coastal zone, floodplains, preliminary suitability for individual 21 |
|---|
| 1657 | + | septic disposal systems, public water systems, and connections to state roads. 22 |
|---|
| 1658 | + | (3) At the preliminary plan review phase, the administrative officer shall solicit final, 23 |
|---|
| 1659 | + | written comments and/or approvals of the department of public works, the city or town engineer, 24 |
|---|
| 1660 | + | the city or town solicitor, other local government departments, commissions, or authorities as 25 |
|---|
| 1661 | + | appropriate. 26 |
|---|
| 1662 | + | (4) Prior to approval of the preliminary plan, copies of all legal documents describing the 27 |
|---|
| 1663 | + | property, proposed easements, and rights-of-way. 28 |
|---|
| 1664 | + | (5) If the applicant is requesting alteration of any variances and/or special-use permits 29 |
|---|
| 1665 | + | granted by the planning board or commission at the master plan stage of review pursuant to adopted 30 |
|---|
| 1666 | + | unified development review provisions, and/or any new variances and/or special-use permits, such 31 |
|---|
| 1667 | + | requests and all supporting documentation shall be included as part of the preliminary plan 32 |
|---|
| 1668 | + | application materials, pursuant to § 45-23-50.1(b). 33 |
|---|
| 1669 | + | (b) Certification. The application will be certified as complete or incomplete by the 34 |
|---|
| 1670 | + | |
|---|
| 1671 | + | |
|---|
| 1672 | + | LC002437/SUB A - Page 46 of 50 |
|---|
| 1673 | + | administrative officer within twenty-five (25) days, according to the provisions of § 45-23-36(b). 1 |
|---|
| 1674 | + | The running of the time period set forth herein will be deemed stopped upon the issuance of a 2 |
|---|
| 1675 | + | certificate of incompleteness of the application by the administrative officer and will recommence 3 |
|---|
| 1676 | + | upon the resubmission of a corrected application by the applicant. However, in no event shall the 4 |
|---|
| 1677 | + | administrative officer be required to certify a corrected submission as complete or incomplete less 5 |
|---|
| 1678 | + | than ten (10) days after its resubmission. 6 |
|---|
| 1679 | + | (c) Technical review committee. The technical review committee, if established, shall 7 |
|---|
| 1680 | + | review the application and shall comment and make recommendations to the planning board. 8 |
|---|
| 1681 | + | (d) Public hearing. Prior to a planning board decision on the preliminary plan, a public 9 |
|---|
| 1682 | + | hearing, which adheres to the requirements for notice described in § 45-23-42, must be held. 10 |
|---|
| 1683 | + | (e) Public improvement guarantees. Proposed arrangements for completion of the required 11 |
|---|
| 1684 | + | public improvements, including construction schedule and/or financial guarantees, shall be 12 |
|---|
| 1685 | + | reviewed and approved by the planning board at preliminary plan approval. 13 |
|---|
| 1686 | + | (f) Decision. A complete application for a major subdivision or development plan shall be 14 |
|---|
| 1687 | + | approved, approved with conditions, or denied, in accordance with the requirements of §§ 45-23-15 |
|---|
| 1688 | + | 60 and 45-23-63, within ninety (90) days of the date when it is certified complete, or within a 16 |
|---|
| 1689 | + | further amount of time that may be consented to by the developer through the submission of a 17 |
|---|
| 1690 | + | written waiver. 18 |
|---|
| 1691 | + | (g) Failure to act. Failure of the planning board to act within the prescribed period 19 |
|---|
| 629 | | - | (e) Final plan. 30 |
|---|
| 630 | | - | (1) Submission requirements. 31 |
|---|
| 631 | | - | (i) The applicant shall submit to the administrative officer the items required by the local 32 |
|---|
| 632 | | - | regulations for the final plan, as well as all material required by the planning board when the 33 |
|---|
| 633 | | - | application was given preliminary approval. 34 |
|---|
| 634 | | - | |
|---|
| 635 | | - | |
|---|
| 636 | | - | LC002437/SUB A - Page 18 of 50 |
|---|
| 637 | | - | (ii) Arrangements for completion of the required public improvements, including 1 |
|---|
| 638 | | - | construction schedule and/or financial guarantees. 2 |
|---|
| 639 | | - | (iii) Certification by the tax collector that all property taxes are current. 3 |
|---|
| 640 | | - | (iv) For phased projects, the final plan for phases following the first phase, shall be 4 |
|---|
| 641 | | - | accompanied by copies of as-built drawings not previously submitted of all existing public 5 |
|---|
| 642 | | - | improvements for prior phases. 6 |
|---|
| 643 | | - | (2) Certification. The application for final plan approval shall be certified complete or 7 |
|---|
| 644 | | - | incomplete by the administrative officer in writing, within fifteen (15) days, according to the 8 |
|---|
| 645 | | - | provisions of § 45-23-36(b) so long as a completed checklist of requirements are provided with the 9 |
|---|
| 646 | | - | submission. This time period may be extended to twenty-five (25) days by written notice from the 10 |
|---|
| 647 | | - | administrative officer to the applicant where the final plans contain changes to or elements not 11 |
|---|
| 648 | | - | included in the preliminary plan approval. The running of the time period set forth herein shall be 12 |
|---|
| 649 | | - | deemed stopped upon the issuance of a certificate of incompleteness of the application by the 13 |
|---|
| 650 | | - | administrative officer and shall recommence upon the resubmission of a corrected application by 14 |
|---|
| 651 | | - | the applicant. However, in no event shall the administrative officer be required to certify a corrected 15 |
|---|
| 652 | | - | submission as complete or incomplete less than ten (10) days after its resubmission. If the 16 |
|---|
| 653 | | - | administrative officer certifies the application as complete and does not require submission to the 17 |
|---|
| 654 | | - | planning board as per subsection (c) of this section, the final plan shall be considered approved. 18 |
|---|
| 655 | | - | (3) Decision. The administrative officer, or, if referred to it, the planning board, shall 19 |
|---|
| 656 | | - | review, grant, grant with conditions or deny final plan approval. A decision shall be issued within 20 |
|---|
| 657 | | - | forty-five (45) days after the certification of completeness, or within a further amount of time that 21 |
|---|
| 658 | | - | may be consented to by the applicant, approve or deny the final plan as submitted. 22 |
|---|
| 659 | | - | (4) Failure to act. Failure of the planning board to act within the prescribed period 23 |
|---|
| 660 | | - | constitutes approval of the final plan and a certificate of the administrative officer as to the failure 24 |
|---|
| 661 | | - | of the planning board to act within the required time and the resulting approval shall be issued on 25 |
|---|
| 662 | | - | request of the applicant. 26 |
|---|
| 663 | | - | (5) Expiration of approval. The final approval of a major subdivision or land development 27 |
|---|
| 664 | | - | project expires one year from the date of approval with the right to extend for one year upon written 28 |
|---|
| 665 | | - | request by the applicant, who must appear before the planning board for the annual review, unless, 29 |
|---|
| 666 | | - | within that period, the plat or plan has been submitted for signature and recording as specified in § 30 |
|---|
| 667 | | - | 45-23-64. Thereafter, the planning board may, for good cause shown, extend the period for 31 |
|---|
| 668 | | - | recording. 32 |
|---|
| 669 | | - | (6) Acceptance of public improvements. Signature and recording as specified in § 45-23-33 |
|---|
| 670 | | - | 64 constitute the acceptance by the municipality of any street or other public improvement or other 34 |
|---|
| 671 | | - | |
|---|
| 672 | | - | |
|---|
| 673 | | - | LC002437/SUB A - Page 19 of 50 |
|---|
| 674 | | - | land intended for dedication. Final plan approval shall not impose any duty upon the municipality 1 |
|---|
| 675 | | - | to maintain or improve those dedicated areas until the governing body of the municipality accepts 2 |
|---|
| 676 | | - | the completed public improvements as constructed in compliance with the final plans. 3 |
|---|
| 677 | | - | (7) Validity of recorded plans. The approved final plan, once recorded, remains valid as 4 |
|---|
| 678 | | - | the approved plan for the site unless and until an amendment to the plan is approved under the 5 |
|---|
| 679 | | - | procedure stated in § 45-23-65, or a new plan is approved by the planning board. 6 |
|---|
| 680 | | - | (f) Modifications and changes to plans. 7 |
|---|
| 681 | | - | (1) Minor changes, as defined in the local regulations, to the plans approved at any stage 8 |
|---|
| 682 | | - | may be approved administratively, by the administrative officer. The changes may be authorized 9 |
|---|
| 683 | | - | without an additional planning board meeting, to the extent applicable, at the discretion of the 10 |
|---|
| 684 | | - | administrative officer. All changes shall be made part of the permanent record of the project 11 |
|---|
| 685 | | - | application. This provision does not prohibit the administrative officer from requesting 12 |
|---|
| 686 | | - | recommendation from either the technical review committee or the permitting authority. Denial of 13 |
|---|
| 687 | | - | the proposed change(s) shall be referred to the applicable permitting authority for review as a major 14 |
|---|
| 688 | | - | change. 15 |
|---|
| 689 | | - | (2) Major changes, as defined in the local regulations, to the plans approved at any stage 16 |
|---|
| 690 | | - | may be approved only by the applicable permitting authority and must include a public hearing. 17 |
|---|
| 691 | | - | (3) The administrative officer shall notify the applicant in writing within fourteen (14) days 18 |
|---|
| 692 | | - | of submission of the final plan application if the administrative officer determines the change to be 19 |
|---|
| 693 | | - | a major change of the approved plans. 20 |
|---|
| 694 | | - | (g) Appeal. Decisions under this section shall be considered an appealable decision 21 |
|---|
| 695 | | - | pursuant to § 45-23-71. 22 |
|---|
| 696 | | - | 45-23-42. General provisions — Major land development and major subdivision — 23 |
|---|
| 697 | | - | Public hearing and notice General provisions -- Major land development and major 24 |
|---|
| 698 | | - | subdivision -- Public hearing and notice -- Effective January 1, 2024. 25 |
|---|
| 699 | | - | (a) Where a A public hearing is required for a major land development project or a major 26 |
|---|
| 700 | | - | subdivision or where a street extension or creation requires a public hearing for a minor land 27 |
|---|
| 701 | | - | development project or minor subdivision. pursuant to this chapter, the following requirements 28 |
|---|
| 702 | | - | shall apply ; 29 |
|---|
| 703 | | - | (b)(1) Notice requirements. Public notice of the hearing shall be given at least fourteen (14) 30 |
|---|
| 704 | | - | days prior to the date of the hearing in a newspaper of general circulation within the municipality 31 |
|---|
| 705 | | - | following the municipality’s usual and customary practices for this kind of advertising. Notice shall 32 |
|---|
| 706 | | - | be sent to the applicant and to each owner within the notice area, by certified mail, return receipt 33 |
|---|
| 707 | | - | requested, of the time and place of the hearing not less than ten (10) days prior to the date of the 34 |
|---|
| 708 | | - | |
|---|
| 709 | | - | |
|---|
| 710 | | - | LC002437/SUB A - Page 20 of 50 |
|---|
| 711 | | - | hearing. Notice shall also be sent to any individual or entity holding a recorded conservation or 1 |
|---|
| 712 | | - | preservation restriction on the property that is the subject of the application. The notice shall also 2 |
|---|
| 713 | | - | include the street address of the subject property, or if no street address is available, the distance 3 |
|---|
| 714 | | - | from the nearest existing intersection in tenths (1/10’s) of a mile. Local regulations may require a 4 |
|---|
| 715 | | - | supplemental notice that an application for development approval is under consideration be posted 5 |
|---|
| 716 | | - | at the location in question. The posting is for informational purposes only and does not constitute 6 |
|---|
| 717 | | - | required notice of a public hearing. 7 |
|---|
| 718 | | - | (c)(2) Notice area. 8 |
|---|
| 719 | | - | (1)(i) The distance(s) for notice of the public hearing shall be specified in the local 9 |
|---|
| 720 | | - | regulations. The distance may differ by zoning district and scale of development. At a minimum, 10 |
|---|
| 721 | | - | all abutting property owners to the proposed development’s property boundary shall receive notice. 11 |
|---|
| 722 | | - | (2)(ii) Watersheds. Additional notice within watersheds shall also be sent as required in § 12 |
|---|
| 723 | | - | 45-23-53(b) and (c). 13 |
|---|
| 724 | | - | (3)(iii) Adjacent municipalities. Notice of the public hearing shall be sent by the 14 |
|---|
| 725 | | - | administrative officer to the administrative officer of an adjacent municipality if (1) the notice area 15 |
|---|
| 726 | | - | extends into the adjacent municipality, or (2) the development site extends into the adjacent 16 |
|---|
| 727 | | - | municipality, or (3) there is a potential for significant negative impact on the adjacent municipality. 17 |
|---|
| 728 | | - | (d)(3) Notice cost. The cost of all notice shall be borne by the applicant. 18 |
|---|
| 729 | | - | 45-23-50. Special provisions — Development plan review Special provisions -- 19 |
|---|
| 730 | | - | Development plan review -- Effective January 1, 2024. 20 |
|---|
| 731 | | - | (a) Municipalities may provide for development plan review, as defined in §§ 45-23-32 21 |
|---|
| 732 | | - | and 45-24-49 of the Rhode Island Zoning Enabling Act of 1991, to be subject to as part of the local 22 |
|---|
| 733 | | - | regulations. (b) In these instances, local regulations must include all requirements, procedures and 23 |
|---|
| 734 | | - | standards necessary for proper review and recommendations of projects subject to development 24 |
|---|
| 735 | | - | plan review to ensure consistency with the intent and purposes of this chapter and with § 45-24-49 25 |
|---|
| 736 | | - | of the Rhode Island Zoning Enabling Act of 1991. The local regulations and/or ordinances shall 26 |
|---|
| 737 | | - | identify the permitting authority with the responsibility to review and approve applications for 27 |
|---|
| 738 | | - | development plan review, which shall be designated as the planning board, technical review 28 |
|---|
| 739 | | - | committee or administrative officer. The local regulations and/or ordinances shall provide for 29 |
|---|
| 740 | | - | specific categories of projects that may review and approve an application administratively as well 30 |
|---|
| 741 | | - | as categories which are required to be heard by the designated planning board, or authorized 31 |
|---|
| 742 | | - | permitting authority. 32 |
|---|
| 743 | | - | (b) The authorized permitting authority may waive requirements for development plan 33 |
|---|
| 744 | | - | approval where there is a change in use or occupancy and no extensive construction of 34 |
|---|
| 745 | | - | |
|---|
| 746 | | - | |
|---|
| 747 | | - | LC002437/SUB A - Page 21 of 50 |
|---|
| 748 | | - | improvements is sought. The waiver may be granted only by a decision by the permitting authority 1 |
|---|
| 749 | | - | finding that the use will not affect existing drainage, circulation, relationship of buildings to each 2 |
|---|
| 750 | | - | other, landscaping, buffering, lighting and other considerations of development plan approval, and 3 |
|---|
| 751 | | - | that the existing facilities do not require upgraded or additional site improvements. The application 4 |
|---|
| 752 | | - | for a waiver of development plan approval review shall include documentation, as required by the 5 |
|---|
| 753 | | - | permitting authority, on prior use of the site. the proposed use, and its impact. 6 |
|---|
| 754 | | - | (c) The authorized permitting authority may grant waivers of design standards as set forth 7 |
|---|
| 755 | | - | in the local regulations and zoning ordinance. The local regulations shall specifically list what 8 |
|---|
| 756 | | - | limited waivers an administrative officer is authorized to grant as part of their review. 9 |
|---|
| 757 | | - | (d) Review stages. Administrative development plan review consists of one stage of 10 |
|---|
| 758 | | - | review, while formal development plan review consists of two (2) stages of review, preliminary 11 |
|---|
| 759 | | - | and final. The administrative officer may combine the approval stages, providing requirements for 12 |
|---|
| 760 | | - | both stages are met by the applicant to the satisfaction of the administrative officer. 13 |
|---|
| 761 | | - | (1) Application requesting relief from the zoning ordinance. 14 |
|---|
| 762 | | - | (i) Applications under this chapter which require relief which qualifies only as a 15 |
|---|
| 763 | | - | modification under § 45-24-46 and local ordinances shall proceed by filing an application under 16 |
|---|
| 764 | | - | this chapter and a request for a modification to the zoning enforcement officer. If such modification 17 |
|---|
| 765 | | - | is granted the application shall then proceed to be reviewed by the administrative officer pursuant 18 |
|---|
| 766 | | - | to the applicable requirements of this section. If the modification is denied or an objection is 19 |
|---|
| 767 | | - | received as set forth in § 45-24-46, such application shall proceed under unified development plan 20 |
|---|
| 768 | | - | review pursuant to § 45-23-50.1. 21 |
|---|
| 769 | | - | (ii) Applications under this section which require relief from the literal provisions of the 22 |
|---|
| 770 | | - | zoning ordinance in the form of a variance or special use permit, shall be reviewed by the planning 23 |
|---|
| 771 | | - | board under unified development plan review pursuant to § 45-23-50.1, and a request for review 24 |
|---|
| 772 | | - | shall accompany the preliminary plan application. 25 |
|---|
| 773 | | - | (e) Submission requirements. Any applicant requesting approval of a proposed 26 |
|---|
| 774 | | - | development under this chapter, shall submit to the administrative officer the items required by the 27 |
|---|
| 775 | | - | local regulations. Requests for relief from the literal requirements of the zoning ordinance and/or 28 |
|---|
| 776 | | - | for the issuance of special-use permits or use variances related to projects qualifying for 29 |
|---|
| 777 | | - | development plan review shall be submitted and reviewed under unified development review 30 |
|---|
| 778 | | - | pursuant to § 45-23-50.1. 31 |
|---|
| 779 | | - | (f) Certification. The application shall be certified, in writing, complete or incomplete by 32 |
|---|
| 780 | | - | the administrative officer within twenty-five (25) days or within fifteen (15) days if no street 33 |
|---|
| 781 | | - | creation or extension is required, and/or unified development review is not required, according to 34 |
|---|
| 782 | | - | |
|---|
| 783 | | - | |
|---|
| 784 | | - | LC002437/SUB A - Page 22 of 50 |
|---|
| 785 | | - | the provisions of § 45-23-36(b). The running of the time period set forth in this section will be 1 |
|---|
| 786 | | - | deemed stopped upon the issuance of a written certificate of incompleteness of the application by 2 |
|---|
| 787 | | - | the administrative officer and will recommence upon the resubmission of a corrected application 3 |
|---|
| 788 | | - | by the applicant. However, in no event will the administrative officer be required to certify a 4 |
|---|
| 789 | | - | corrected submission as complete or incomplete less than ten (10) days after its resubmission. If 5 |
|---|
| 790 | | - | the administrative officer certifies the application as incomplete, the officer shall set forth in writing 6 |
|---|
| 791 | | - | with specificity the missing or incomplete items. 7 |
|---|
| 792 | | - | (g) Timeframes for decision. 8 |
|---|
| 793 | | - | (1) Administrative development plan approval. An application shall be approved, denied, 9 |
|---|
| 794 | | - | or approved with conditions within twenty-five (25) days of the certificate of completeness or 10 |
|---|
| 795 | | - | within any further time that is agreed to in writing by the applicant and administrative officer. 11 |
|---|
| 796 | | - | (2) Formal development plan approval. 12 |
|---|
| 797 | | - | (i) Preliminary plan. Unless the application is reviewed under unified development review, 13 |
|---|
| 798 | | - | the permitting authority will approve, deny, or approve with conditions, the preliminary plan within 14 |
|---|
| 799 | | - | sixty-five (65) days of certification of completeness, or within any further time that is agreed to by 15 |
|---|
| 800 | | - | the applicant and the permitting authority. 16 |
|---|
| 801 | | - | (ii) Final Plan. For formal development plan approval, the permitting authority shall 17 |
|---|
| 802 | | - | delegate final plan review and approval to the administrative officer. The officer will report its 18 |
|---|
| 803 | | - | actions in writing to the permitting authority at its next regular meeting, to be made part of the 19 |
|---|
| 804 | | - | record. Final plan shall be approved or denied within forty-five (45) days after the certification of 20 |
|---|
| 805 | | - | completeness, or within a further amount of time that may be consented to by the applicant, in 21 |
|---|
| 806 | | - | writing. 22 |
|---|
| 807 | | - | (h) Failure to act. Failure of the administrative officer or the permitting authority to act 23 |
|---|
| 808 | | - | within the period prescribed constitutes approval of the preliminary plan and a certificate of the 24 |
|---|
| 809 | | - | administrative officer as to the failure to act within the required time and the resulting approval 25 |
|---|
| 810 | | - | shall be issued on request of the application. 26 |
|---|
| 811 | | - | (i) Vested rights. Approval of development plan review shall expire two (2) years from the 27 |
|---|
| 812 | | - | date of approval unless, within that period, a plat or plan, in conformity with approval, and as 28 |
|---|
| 813 | | - | defined in this act, is submitted for signature and recording as specified in § 45-23-64. Validity 29 |
|---|
| 814 | | - | may be extended for an additional period upon application to the administrative officer or 30 |
|---|
| 815 | | - | permitting authority, whichever entity approved the application, upon a showing of good cause. 31 |
|---|
| 816 | | - | (j) Modifications and changes to plans. 32 |
|---|
| 817 | | - | (1) Minor changes, as defined in the local regulations, to the plans approved at any stage 33 |
|---|
| 818 | | - | may be approved administratively, by the administrative officer, whereupon final plan approval 34 |
|---|
| 819 | | - | |
|---|
| 820 | | - | |
|---|
| 821 | | - | LC002437/SUB A - Page 23 of 50 |
|---|
| 822 | | - | may be issued. The changes may be authorized without an additional planning board meeting, at 1 |
|---|
| 823 | | - | the discretion of the administrative officer. All changes shall be made part of the permanent record 2 |
|---|
| 824 | | - | of the project application. This provision does not prohibit the administrative officer from 3 |
|---|
| 825 | | - | requesting recommendation from either the technical review committee or the permitting authority. 4 |
|---|
| 826 | | - | Denial of the proposed change(s) shall be referred to the permitting authority for review as a major 5 |
|---|
| 827 | | - | change. 6 |
|---|
| 828 | | - | (2) Major changes, as defined in the local regulations, to the plans approved at any stage 7 |
|---|
| 829 | | - | may be approved only by the permitting authority and must follow the same review and hearing 8 |
|---|
| 830 | | - | process required for approval of preliminary plans, which shall include a public hearing. 9 |
|---|
| 831 | | - | (3) The administrative officer shall notify the applicant in writing within fourteen (14) days 10 |
|---|
| 832 | | - | of submission of the final plan application if the administrative officer determines that there has 11 |
|---|
| 833 | | - | been a major change to the approved plans. 12 |
|---|
| 834 | | - | (k) Appeal. A decision under this section shall be considered an appealable decision 13 |
|---|
| 835 | | - | pursuant to § 45-23-71. 14 |
|---|
| 836 | | - | 45-23-50.1. Special provisions — Unified development review Special provisions -- 15 |
|---|
| 837 | | - | Unified development review -- Effective January 1, 2024. 16 |
|---|
| 838 | | - | (a) When a A municipal zoning ordinance provides shall provide for unified development 17 |
|---|
| 839 | | - | review pursuant to § 45-24-46.4, and the local regulations must include procedures for the filing, 18 |
|---|
| 840 | | - | review, and approval of applications, pursuant to § 45-24-46.4 and this section. 19 |
|---|
| 841 | | - | (b) Review of variances and special-use permits projects submitted under the unified 20 |
|---|
| 842 | | - | development review provisions of the regulations shall adhere to the procedures, timeframes and 21 |
|---|
| 843 | | - | standards of the underlying category of the project as listed in § 45-23-36, but shall also include 22 |
|---|
| 844 | | - | the following procedures: 23 |
|---|
| 845 | | - | (1) Minor subdivisions and land-development projects. Except for dimensional relief 24 |
|---|
| 846 | | - | granted by modification as set forth in § 45-23-38, requests Requests for relief from the literal 25 |
|---|
| 847 | | - | requirements of the zoning ordinance variances and/or for the issuance of special-use permits 26 |
|---|
| 848 | | - | related to minor subdivisions and land-development projects shall be submitted as part of the 27 |
|---|
| 849 | | - | application materials for the preliminary plan stage of review or if combined, for the first stage of 28 |
|---|
| 850 | | - | reviews. A public hearing on the application, including any variance and special-use permit 29 |
|---|
| 851 | | - | requests that meets the requirements of subsection (c) of this section shall be held prior to 30 |
|---|
| 852 | | - | consideration of the preliminary plan by the planning board or commission. The planning board or 31 |
|---|
| 853 | | - | commission shall conditionally approve or deny the request(s) for the variance(s) and/or special-32 |
|---|
| 854 | | - | use permit(s) before considering the preliminary plan application for the minor subdivision or land-33 |
|---|
| 855 | | - | development project. Approval of the variance(s) and/or special-use permit(s) shall be conditioned 34 |
|---|
| 856 | | - | |
|---|
| 857 | | - | |
|---|
| 858 | | - | LC002437/SUB A - Page 24 of 50 |
|---|
| 859 | | - | on approval of the final plan of the minor subdivision or land-development project. 1 |
|---|
| 860 | | - | (2) Development plan review. Except for dimensional relief granted by modification as set 2 |
|---|
| 861 | | - | forth in § 45-23-38, requests for relief from the literal requirements of the zoning ordinance and/or 3 |
|---|
| 862 | | - | for the issuance of special-use permits related to minor subdivisions and land-development projects 4 |
|---|
| 863 | | - | shall be submitted as part of the application materials for the preliminary plan stage of review. A 5 |
|---|
| 864 | | - | public hearing on the application, including any variance and special-use permit requests that meets 6 |
|---|
| 865 | | - | the requirements of subsection (c) of this section shall be held prior to consideration of the 7 |
|---|
| 866 | | - | preliminary plan by the planning board or commission relevant permitting authority. The planning 8 |
|---|
| 867 | | - | board or commission authorized permitting authority shall conditionally approve or deny the 9 |
|---|
| 868 | | - | request(s) for the variance(s) and/or special-use permit(s) before considering the preliminary plan 10 |
|---|
| 869 | | - | application for the minor subdivision or land-development project. Approval of the variance(s) 11 |
|---|
| 870 | | - | and/or special-use permit(s) shall be conditioned on approval of the final plan of the minor 12 |
|---|
| 871 | | - | subdivision or land-development project. 13 |
|---|
| 872 | | - | (2)(3) Major subdivisions and land-development projects — Master plan. Except for 14 |
|---|
| 873 | | - | dimensional relief granted by modification as set forth in § 45-23-39, requests Requests for relief 15 |
|---|
| 874 | | - | from the literal requirements of the zoning ordinance variances for relief from the literal 16 |
|---|
| 875 | | - | requirements of the zoning ordinance and/or for the issuance of a special-use permit related to 17 |
|---|
| 876 | | - | major subdivisions and land-development projects shall be submitted as part of the application 18 |
|---|
| 877 | | - | materials for the master plan stage of review, or if combined, the first stage of review. A public 19 |
|---|
| 878 | | - | hearing on the application, including any variance and special-use permit requests that meets the 20 |
|---|
| 879 | | - | requirements of subsection (c) of this section, shall be held prior to consideration of the master plan 21 |
|---|
| 880 | | - | by the planning board or commission. The planning board or commission shall conditionally 22 |
|---|
| 881 | | - | approve or deny the requests for the variance(s) and/or special-use permit(s) before considering the 23 |
|---|
| 882 | | - | master plan application for the major subdivision or land-development project. Approval of the 24 |
|---|
| 883 | | - | variance(s) and/or special-use permit(s) shall be conditioned on approval of the final plan of the 25 |
|---|
| 884 | | - | major subdivision or land-development project. 26 |
|---|
| 885 | | - | (3) Major subdivisions and land-development projects — Preliminary plan. During the 27 |
|---|
| 886 | | - | preliminary plan stage of review, applicants shall have the ability to request alteration of any 28 |
|---|
| 887 | | - | variance(s) and/or special-use permit(s) granted by the planning board or commission during the 29 |
|---|
| 888 | | - | master plan stage of review, and/or to request new variance(s) and/or special-use permit(s), based 30 |
|---|
| 889 | | - | on the outcomes of the more detailed planning and design necessary for the preliminary plan. If 31 |
|---|
| 890 | | - | necessary, the applicant shall submit such requests and all supporting documentation along with 32 |
|---|
| 891 | | - | the preliminary plan application materials. If the applicant requests new or additional zoning relief 33 |
|---|
| 892 | | - | at this stage a A public hearing on the application, including any alterations and new requests, that 34 |
|---|
| 893 | | - | |
|---|
| 894 | | - | |
|---|
| 895 | | - | LC002437/SUB A - Page 25 of 50 |
|---|
| 896 | | - | meets the requirements of subsection (c) of this section, shall be held prior to consideration of the 1 |
|---|
| 897 | | - | preliminary plan by the planning board or commission. The planning board or commission shall 2 |
|---|
| 898 | | - | conditionally approve, amend, or deny the requests for alteration(s), new variance(s) and/or new 3 |
|---|
| 899 | | - | special-use permit(s), before considering the preliminary plan application for the major subdivision 4 |
|---|
| 900 | | - | or land-development project. Approval of the alteration(s), new variance(s), and/or new special-5 |
|---|
| 901 | | - | use permit(s) shall be conditioned on approval of the final plan of the major subdivision or land-6 |
|---|
| 902 | | - | development project. If the planning board or commission denies the request for alteration(s), new 7 |
|---|
| 903 | | - | variance(s), and/or new special-use permit(s), the planning board shall have the option of 8 |
|---|
| 904 | | - | remanding the application back to the master plan stage of review. Alternatively, if the planning 9 |
|---|
| 905 | | - | board or commission denies the request for alteration(s), new variance(s), and/or new special-use 10 |
|---|
| 906 | | - | permit(s), the applicant may consent to an extension of the decision period mandated by § 45-23-11 |
|---|
| 907 | | - | 41(f) so that additional information can be provided and reviewed by the board or commission. 12 |
|---|
| 908 | | - | (4)(c) Decision. The time periods by which the planning board or commission must 13 |
|---|
| 909 | | - | approve or deny applications for variances and special-use permits under the unified development 14 |
|---|
| 910 | | - | review provisions of the local regulations shall be the same as the time periods by which the board 15 |
|---|
| 911 | | - | must make a decision on the applicable review stage of the subdivision or land-development 16 |
|---|
| 912 | | - | category of project under review. 17 |
|---|
| 913 | | - | (c)(d) Unless otherwise provided in this chapter all All subdivision and land-development 18 |
|---|
| 914 | | - | applications that include requests for variances and/or special-use permits submitted under the 19 |
|---|
| 915 | | - | development review provisions of the regulations under this section shall require a singular single 20 |
|---|
| 916 | | - | public hearing, held pursuant to subsection (b) of this section. All such The public hearings hearing 21 |
|---|
| 917 | | - | must meet the following requirements: 22 |
|---|
| 918 | | - | (1) Public hearing notice shall adhere to the requirements found in § 45-23-42(b). 23 |
|---|
| 919 | | - | (2) The notice area for notice of the public hearing shall be specified in the local 24 |
|---|
| 920 | | - | regulations, and shall, at a minimum, include all property located in or within not less than two 25 |
|---|
| 921 | | - | hundred feet (200′) of the perimeter of the area included in the subdivision and/or land-development 26 |
|---|
| 922 | | - | project. Notice of the public hearing shall be sent by the administrative officer to the administrative 27 |
|---|
| 923 | | - | officer of an adjacent municipality if: (1) The notice area extends into the adjacent municipality; or 28 |
|---|
| 924 | | - | (2) The development site extends into the adjacent municipality; or (3) There is a potential for 29 |
|---|
| 925 | | - | significant negative impact on the adjacent municipality. Additional notice within watersheds shall 30 |
|---|
| 926 | | - | also be sent as required in § 45-23-53(b) and (c). 31 |
|---|
| 927 | | - | (3) Public notice shall indicate that dimensional variance(s), use variance(s) and/or special-32 |
|---|
| 928 | | - | use permit(s) are to be considered for the subdivision and/or land-development project. 33 |
|---|
| 929 | | - | (4) The cost of all public notice is to be borne by the applicant. 34 |
|---|
| 930 | | - | |
|---|
| 931 | | - | |
|---|
| 932 | | - | LC002437/SUB A - Page 26 of 50 |
|---|
| 933 | | - | (d)(e) The time periods by which the planning board or commission permitting authority 1 |
|---|
| 934 | | - | must approve, approve with conditions or deny requests for variances and special-use permits under 2 |
|---|
| 935 | | - | the unified development review provisions of a zoning ordinance shall be the same as the time 3 |
|---|
| 936 | | - | periods by which the board must make a decision on the applicable review stage of the subdivision 4 |
|---|
| 937 | | - | or land development underlying type of project under review. 5 |
|---|
| 938 | | - | (f) The expirations period of an approval of a variance or special use permit granted under 6 |
|---|
| 939 | | - | this section shall be the same as those set forth in the statute for the underlying type of project under 7 |
|---|
| 940 | | - | review. 8 |
|---|
| 941 | | - | (e) Requests (g) Decisions under this section, including requests for the variance(s) and/or 9 |
|---|
| 942 | | - | special-use permits that are denied by the planning board or commission permitting authority may 10 |
|---|
| 943 | | - | be appealed to the board of appeal pursuant to § 45-23-66 45-23-71. 11 |
|---|
| 944 | | - | 45-23-55. Administration — The administrative officer Administration -- The 12 |
|---|
| 945 | | - | administrative officer -- Effective January 1, 2024. 13 |
|---|
| 946 | | - | (a) Local administration of the local regulations is under the direction of the administrative 14 |
|---|
| 947 | | - | officer(s), who reports to the planning board. 15 |
|---|
| 948 | | - | (b) The local regulations specify the process of appointment and the responsibilities of the 16 |
|---|
| 949 | | - | administrative officer(s) who oversees and coordinates the review, approval, recording and 17 |
|---|
| 950 | | - | enforcement provisions of the local regulations. The administrative officer(s) serves as the chair of 18 |
|---|
| 951 | | - | the technical review committee, where established. The local regulations state minimum 19 |
|---|
| 952 | | - | qualifications for this position regarding appropriate education, training or experience in land use 20 |
|---|
| 953 | | - | planning and site plan review. 21 |
|---|
| 954 | | - | (c) The administrative officer(s) is responsible for coordinating reviews of proposed land 22 |
|---|
| 955 | | - | development projects and subdivisions with adjacent municipalities as is necessary to be consistent 23 |
|---|
| 956 | | - | with applicable federal, state and local laws and as directed by the planning board. 24 |
|---|
| 957 | | - | (d) The administrative officer(s) has the authority to issue approvals and all other authority 25 |
|---|
| 958 | | - | where specifically set forth in this chapter. 26 |
|---|
| 959 | | - | (d)(e) Enforcement of the local regulations is under the direction of the administrative 27 |
|---|
| 960 | | - | officer(s). The officer(s) is responsible for coordinating the enforcement efforts of the zoning 28 |
|---|
| 961 | | - | enforcement officer, the building inspector, planning department staff, the city or town engineer, 29 |
|---|
| 962 | | - | the department of public works and other local officials responsible for the enforcement or carrying 30 |
|---|
| 963 | | - | out of discrete elements of the regulations. 31 |
|---|
| 964 | | - | 45-23-56. Administration — Technical review committee Administration -- Technical 32 |
|---|
| 965 | | - | review committee -- Effective January 1, 2024. 33 |
|---|
| 966 | | - | (a) The planning board may municipality may establish a technical review committee(s) of 34 |
|---|
| 967 | | - | |
|---|
| 968 | | - | |
|---|
| 969 | | - | LC002437/SUB A - Page 27 of 50 |
|---|
| 970 | | - | not fewer than three (3) members, to conduct technical reviews of applications subject to their 1 |
|---|
| 971 | | - | jurisdiction. Where a technical review committee is established, the The administrative officer shall 2 |
|---|
| 972 | | - | serve as chairperson. Membership of this subcommittee committee, to be known as the technical 3 |
|---|
| 973 | | - | review committee, or design review committee, may include, but is not limited to, members of the 4 |
|---|
| 974 | | - | planning board, planning department staff, other municipal staff representing departments with 5 |
|---|
| 975 | | - | responsibility for review or enforcement, conservation commissioners, public members, or other 6 |
|---|
| 976 | | - | duly appointed local public commission members. 7 |
|---|
| 977 | | - | (b) If the planning board establishes a technical review committee, the If a municipality 8 |
|---|
| 978 | | - | establishes a technical review committee or committees, the planning board shall adopt written 9 |
|---|
| 979 | | - | procedures establishing the committee’s responsibilities. 10 |
|---|
| 980 | | - | (c) The technical review committee(s) has the authority to issue approvals, make findings 11 |
|---|
| 981 | | - | and provide recommendations as specifically set forth in this chapter. 12 |
|---|
| 982 | | - | (c)(d) Reports of the technical review committee to the planning board shall be in writing 13 |
|---|
| 983 | | - | and kept as part of the permanent documentation on the development application. In no case shall 14 |
|---|
| 984 | | - | the recommendations of the technical review committee be binding on the planning board in its 15 |
|---|
| 985 | | - | activities or decisions. All reports of the technical review committee shall be made available to the 16 |
|---|
| 986 | | - | applicant prior to the meeting of the planning board meeting at which the reports are first 17 |
|---|
| 987 | | - | considered. 18 |
|---|
| 988 | | - | 45-23-62. Procedure — Waivers — Modifications and reinstatement of plans 19 |
|---|
| 989 | | - | Procedure -- Waivers -- Modifications and reinstatement of plans -- Effective January 1, 2024. 20 |
|---|
| 990 | | - | (a) Waiver of development plan approval. 21 |
|---|
| 991 | | - | (1) A planning board may waive requirements for development plan approval where there 22 |
|---|
| 992 | | - | is a change in use or occupancy and no extensive construction of improvements is sought. The 23 |
|---|
| 993 | | - | waiver may be granted only by a decision by the planning board finding that the use will not affect 24 |
|---|
| 994 | | - | existing drainage, circulation, relationship of buildings to each other, landscaping, buffering, 25 |
|---|
| 995 | | - | lighting and other considerations of development plan approval, and that the existing facilities do 26 |
|---|
| 996 | | - | not require upgraded or additional site improvements. 27 |
|---|
| 997 | | - | (2) The application for a waiver of development plan approval review shall include 28 |
|---|
| 998 | | - | documentation, as required by the planning board, on prior use of the site, the proposed use, and its 29 |
|---|
| 999 | | - | impact. 30 |
|---|
| 1000 | | - | (b) Waiver and/or modification of requirements. The planning board has the power to grant 31 |
|---|
| 1001 | | - | waivers and/or modifications from the requirements for land development and subdivision approval 32 |
|---|
| 1002 | | - | as may be reasonable and within the general purposes and intents of the provisions for local 33 |
|---|
| 1003 | | - | regulations. The only grounds for waivers and/or modifications are where the literal enforcement 34 |
|---|
| 1004 | | - | |
|---|
| 1005 | | - | |
|---|
| 1006 | | - | LC002437/SUB A - Page 28 of 50 |
|---|
| 1007 | | - | of one or more provisions of the regulations is impracticable and will exact undue hardship because 1 |
|---|
| 1008 | | - | of peculiar conditions pertaining to the land in question or where waiver and/or modification is in 2 |
|---|
| 1009 | | - | the best interest of good planning practice and/or design as evidenced by consistency with the 3 |
|---|
| 1010 | | - | municipality’s comprehensive plan and zoning ordinance. 4 |
|---|
| 1011 | | - | (c)(b) Local regulations shall include provisions for an applicant to seek reinstatement of 5 |
|---|
| 1012 | | - | development applications when the deadlines set in the local regulations and approval agreements 6 |
|---|
| 1013 | | - | for particular actions are exceeded and the development application or approval is therefore 7 |
|---|
| 1014 | | - | rendered invalid. Where an approval has expired, the local regulations shall specify the point in the 8 |
|---|
| 1015 | | - | review to which the application may be reinstated. 9 |
|---|
| 1016 | | - | (d)(c) Decision. The planning board shall approve, approve with conditions or deny the 10 |
|---|
| 1017 | | - | request for either a waiver or modification as described in subsection (a) or (b) in this section, 11 |
|---|
| 1018 | | - | according to the requirements of § 45-23-63. 12 |
|---|
| 1019 | | - | 45-23-67. Appeals — Process of appeal Appeals from decision of administrative 13 |
|---|
| 1020 | | - | officer -- Effective January 1, 2024. 14 |
|---|
| 1021 | | - | (a) Process and timing. Local regulations adopted pursuant to this chapter shall provide 15 |
|---|
| 1022 | | - | that an appeal from any decision of the administrative officer charged in the regulations with 16 |
|---|
| 1023 | | - | enforcement of any provisions, except as provided in this section, may be taken to the board of 17 |
|---|
| 1024 | | - | appeal by an aggrieved party as set forth in this section. Decisions by the administrative officer 18 |
|---|
| 1025 | | - | approving or denying projects under §§ 45-23-38 or 45-23-50 shall not be subject to this section 19 |
|---|
| 1026 | | - | and shall proceed directly to Superior Court as set forth in § 45-23-71. 20 |
|---|
| 1027 | | - | (1) An appeal to the board of appeal from a decision or action of the planning board or 21 |
|---|
| 1028 | | - | administrative officer may be taken by an aggrieved party to the extent provided in § 45-23-66. 22 |
|---|
| 1029 | | - | The appeal must be taken within twenty (20) days after the decision has been recorded in the city’s 23 |
|---|
| 1030 | | - | or town’s land evidence records and posted in the office of the city or town clerk. 24 |
|---|
| 1031 | | - | (b)(2) The appeal shall be in writing and state clearly and unambiguously the issue or 25 |
|---|
| 1032 | | - | decision that is being appealed, the reason for the appeal, and the relief sought. The appeal shall 26 |
|---|
| 1033 | | - | either be sent by certified mail, with a return receipt requested, or be hand-delivered to the board 27 |
|---|
| 1034 | | - | of appeal. The city or town clerk shall accept delivery of an appeal on behalf of the board of appeal, 28 |
|---|
| 1035 | | - | if the local regulations governing land development and subdivision review so provide. 29 |
|---|
| 1036 | | - | (c)(3) Upon receipt of an appeal, the board of appeal shall require the planning board or 30 |
|---|
| 1037 | | - | administrative officer to immediately transmit to the board of appeal, all papers, documents and 31 |
|---|
| 1038 | | - | plans, or a certified copy thereof, constituting the record of the action which is being appealed. 32 |
|---|
| 1039 | | - | (b) Stay. An appeal stays all proceedings in furtherance of the action being appealed. 33 |
|---|
| 1040 | | - | (c) Hearing. 34 |
|---|
| 1041 | | - | |
|---|
| 1042 | | - | |
|---|
| 1043 | | - | LC002437/SUB A - Page 29 of 50 |
|---|
| 1044 | | - | (1) The board of appeal shall hold a hearing on the appeal within forty-five (45) days of 1 |
|---|
| 1045 | | - | the receipt of the appeal, give public notice of the hearing, as well as due notice to the parties of 2 |
|---|
| 1046 | | - | interest. At the hearing the parties may appear in person, or be represented by an agent or attorney. 3 |
|---|
| 1047 | | - | The board shall render a decision within ten (10) days of the close of the public hearing. The cost 4 |
|---|
| 1048 | | - | of any notice required for the hearing shall be borne by the applicant. 5 |
|---|
| 1049 | | - | (2) The board of appeal shall only hear appeals of the actions of an administrative officer 6 |
|---|
| 1050 | | - | at a meeting called especially for the purpose of hearing the appeals and which has been so 7 |
|---|
| 1051 | | - | advertised. 8 |
|---|
| 1052 | | - | (3) The hearing, which may be held on the same date and at the same place as a meeting 9 |
|---|
| 1053 | | - | of the zoning board of review, must be held as a separate meeting from any zoning board of review 10 |
|---|
| 1054 | | - | meeting. Separate minutes and records of votes as required by § 45-23-70(d) shall be maintained 11 |
|---|
| 1055 | | - | by the board of appeal. 12 |
|---|
| 1056 | | - | (d) Standards of Review. 13 |
|---|
| 1057 | | - | (1) As established by this chapter, in instances of a board of appeal's review of an 14 |
|---|
| 1058 | | - | administrative officer's decision on matters subject to this chapter, the board of appeal shall not 15 |
|---|
| 1059 | | - | substitute its own judgment for that of the administrative officer but must consider the issue upon 16 |
|---|
| 1060 | | - | the findings and record of the administrative officer. The board of appeal shall not reverse a 17 |
|---|
| 1061 | | - | decision of the administrative officer except on a finding of prejudicial procedural error, clear error, 18 |
|---|
| 1062 | | - | or lack of support by the weight of the evidence in the record. 19 |
|---|
| 1063 | | - | (2) The concurring vote of three (3) of the five (5) members of the board of appeal sitting 20 |
|---|
| 1064 | | - | at a hearing, is necessary to reverse any decision of the administrative officer. 21 |
|---|
| 1065 | | - | (3) In the instance where the board of appeal overturns a decision of the administrative 22 |
|---|
| 1066 | | - | officer, the proposed project application is remanded to the administrative officer, at the stage of 23 |
|---|
| 1067 | | - | processing from which the appeal was taken, for further proceedings before the administrative 24 |
|---|
| 1068 | | - | officer and/or for the final disposition, which shall be consistent with the board of appeal's decision. 25 |
|---|
| 1069 | | - | (4) The board of appeal shall keep complete records of all proceedings including a record 26 |
|---|
| 1070 | | - | of all votes taken, and shall put all decisions on appeals in writing. The board of appeal shall include 27 |
|---|
| 1071 | | - | in the written record the reasons for each decision. 28 |
|---|
| 1072 | | - | 45-23-71. Appeals to the superior court Appeals to the superior court -- Effective 29 |
|---|
| 1073 | | - | January 1, 2024. 30 |
|---|
| 1074 | | - | (a) An aggrieved party may appeal a decision of the board of appeal, a decision of an 31 |
|---|
| 1075 | | - | administrative officer made pursuant to §§ 45-23-38 or §45-23-50 where authorized to approve or 32 |
|---|
| 1076 | | - | deny an application, a decision of the technical review committee, where authorized to approve or 33 |
|---|
| 1077 | | - | deny an application, or a decision of the planning board, to the superior court for the county in 34 |
|---|
| 1078 | | - | |
|---|
| 1079 | | - | |
|---|
| 1080 | | - | LC002437/SUB A - Page 30 of 50 |
|---|
| 1081 | | - | which the municipality is situated by filing a complaint stating the reasons of for the appeal within 1 |
|---|
| 1082 | | - | twenty (20) days after the decision has been recorded and posted in the office of the city or town 2 |
|---|
| 1083 | | - | clerk. Recommendations by any public body or officer under this chapter are not appealable under 3 |
|---|
| 1084 | | - | this section. The board of appeal authorized permitting authority shall file the original documents 4 |
|---|
| 1085 | | - | acted upon by it and constituting the record of the case appealed from, or certified copies of the 5 |
|---|
| 1086 | | - | original documents, together with any other facts that may be pertinent, with the clerk of the court 6 |
|---|
| 1087 | | - | within thirty (30) days after being served with a copy of the complaint. When the complaint is filed 7 |
|---|
| 1088 | | - | by someone other than the original applicant or appellant, the original applicant or appellant and 8 |
|---|
| 1089 | | - | the members of the planning board shall be made parties to the proceedings. No responsive pleading 9 |
|---|
| 1090 | | - | is required for an appeal filed pursuant to this section. The appeal does not stay proceedings upon 10 |
|---|
| 1091 | | - | the decision appealed from, but the court may, in its discretion, grant a stay on appropriate terms 11 |
|---|
| 1092 | | - | and make any other orders that it deems necessary for an equitable disposition of the appeal. 12 |
|---|
| 1093 | | - | (b) Appeals from a decision granting or denying approval of a final plan shall be limited to 13 |
|---|
| 1094 | | - | elements of the approval or disapproval not contained in the decision reached by the planning board 14 |
|---|
| 1095 | | - | at the preliminary stage; providing that, a public hearing has been held on the plan, if required 15 |
|---|
| 1096 | | - | pursuant to this chapter. 16 |
|---|
| 1097 | | - | (c) The review shall be conducted by the superior court without a jury. The court shall 17 |
|---|
| 1098 | | - | consider the record of the hearing before the planning board and, if it appear to the court that 18 |
|---|
| 1099 | | - | additional evidence is necessary for the proper disposition of the matter, it may allow any party to 19 |
|---|
| 1100 | | - | the appeal to present evidence in open court, which evidence, along with the report, shall constitute 20 |
|---|
| 1101 | | - | the record upon which the determination of the court shall be made. 21 |
|---|
| 1102 | | - | (c)(d) The court shall not substitute its judgment for that of the planning board as to the 22 |
|---|
| 1103 | | - | weight of the evidence on questions of fact. The court may affirm the decision of the board of 23 |
|---|
| 1104 | | - | appeal or remand the case for further proceedings, or may reverse or modify the decision if 24 |
|---|
| 1105 | | - | substantial rights of the appellant have been prejudiced because of findings, inferences, conclusions 25 |
|---|
| 1106 | | - | or decisions which are: 26 |
|---|
| 1107 | | - | (1) In violation of constitutional, statutory, ordinance or planning board regulations 27 |
|---|
| 1108 | | - | provisions; 28 |
|---|
| 1109 | | - | (2) In excess of the authority granted to the planning board by statute or ordinance; 29 |
|---|
| 1110 | | - | (3) Made upon unlawful procedure; 30 |
|---|
| 1111 | | - | (4) Affected by other error of law; 31 |
|---|
| 1112 | | - | (5) Clearly erroneous in view of the reliable, probative, and substantial evidence of the 32 |
|---|
| 1113 | | - | whole record; or 33 |
|---|
| 1114 | | - | (6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted 34 |
|---|
| 1115 | | - | |
|---|
| 1116 | | - | |
|---|
| 1117 | | - | LC002437/SUB A - Page 31 of 50 |
|---|
| 1118 | | - | exercise of discretion. 1 |
|---|
| 1119 | | - | SECTION 2. Sections 45-24-31, 45-24-46.4, 45-24-47, 45-24-49 and 45-24-58 of the 2 |
|---|
| 1120 | | - | General Laws in Chapter 45-24 entitled "Zoning Ordinances" are hereby amended to read as 3 |
|---|
| 1121 | | - | follows: 4 |
|---|
| 1122 | | - | 45-24-31. Definitions Definitions --Effective January 1, 2024. 5 |
|---|
| 1123 | | - | Where words or terms used in this chapter are defined in § 45-22.2-4 or 45-23-32, they 6 |
|---|
| 1124 | | - | have the meanings stated in that section. In addition, the following words have the following 7 |
|---|
| 1125 | | - | meanings. Additional words and phrases may be used in developing local ordinances under this 8 |
|---|
| 1126 | | - | chapter; however, the words and phrases defined in this section are controlling in all local 9 |
|---|
| 1127 | | - | ordinances created under this chapter: 10 |
|---|
| 1128 | | - | (1) Abutter. One whose property abuts, that is, adjoins at a border, boundary, or point with 11 |
|---|
| 1129 | | - | no intervening land. 12 |
|---|
| 1130 | | - | (2) Accessory dwelling unit (ADU). A residential living unit on the same parcel where the 13 |
|---|
| 1131 | | - | primary use is a legally established single-unit or multi-unit dwelling. An ADU provides complete 14 |
|---|
| 1132 | | - | independent living facilities for one or more persons. It may take various forms including, but not 15 |
|---|
| 1133 | | - | limited to: a detached unit; a unit that is part of an accessory structure, such as a detached garage; 16 |
|---|
| 1134 | | - | or a unit that is part of an expanded or remodeled primary dwelling. 17 |
|---|
| 1135 | | - | (3) Accessory use. A use of land or of a building, or portion thereof, customarily incidental 18 |
|---|
| 1136 | | - | and subordinate to the principal use of the land or building. An accessory use may be restricted to 19 |
|---|
| 1137 | | - | the same lot as the principal use. An accessory use shall not be permitted without the principal use 20 |
|---|
| 1138 | | - | to which it is related. 21 |
|---|
| 1139 | | - | (4) Aggrieved party. An aggrieved party, for purposes of this chapter, shall be: 22 |
|---|
| 1140 | | - | (i) Any person, or persons, or entity, or entities, who or that can demonstrate that his, her, 23 |
|---|
| 1141 | | - | or its property will be injured by a decision of any officer or agency responsible for administering 24 |
|---|
| 1142 | | - | the zoning ordinance of a city or town; or 25 |
|---|
| 1143 | | - | (ii) Anyone requiring notice pursuant to this chapter. 26 |
|---|
| 1144 | | - | (5) Agricultural land. “Agricultural land,” as defined in § 45-22.2-4. 27 |
|---|
| 1145 | | - | (6) Airport hazard area. “Airport hazard area,” as defined in § 1-3-2. 28 |
|---|
| 1146 | | - | (7) Applicant. An owner, or authorized agent of the owner, submitting an application or 29 |
|---|
| 1147 | | - | appealing an action of any official, board, or agency. 30 |
|---|
| 1148 | | - | (8) Application. The completed form, or forms, and all accompanying documents, exhibits, 31 |
|---|
| 1149 | | - | and fees required of an applicant by an approving authority for development review, approval, or 32 |
|---|
| 1150 | | - | permitting purposes. 33 |
|---|
| 1151 | | - | (9) Buffer. Land that is maintained in either a natural or landscaped state, and is used to 34 |
|---|
| 1152 | | - | |
|---|
| 1153 | | - | |
|---|
| 1154 | | - | LC002437/SUB A - Page 32 of 50 |
|---|
| 1155 | | - | screen or mitigate the impacts of development on surrounding areas, properties, or rights-of-way. 1 |
|---|
| 1156 | | - | (10) Building. Any structure used or intended for supporting or sheltering any use or 2 |
|---|
| 1157 | | - | occupancy. 3 |
|---|
| 1158 | | - | (11) Building envelope. The three-dimensional space within which a structure is permitted 4 |
|---|
| 1159 | | - | to be built on a lot and that is defined by regulations governing building setbacks, maximum height, 5 |
|---|
| 1160 | | - | and bulk; by other regulations; or by any combination thereof. 6 |
|---|
| 1161 | | - | (12) Building height. For a vacant parcel of land, building height shall be measured from 7 |
|---|
| 1162 | | - | the average, existing-grade elevation where the foundation of the structure is proposed. For an 8 |
|---|
| 1163 | | - | existing structure, building height shall be measured from average grade taken from the outermost 9 |
|---|
| 1164 | | - | four (4) corners of the existing foundation. In all cases, building height shall be measured to the top 10 |
|---|
| 1165 | | - | of the highest point of the existing or proposed roof or structure. This distance shall exclude spires, 11 |
|---|
| 1166 | | - | chimneys, flag poles, and the like. For any property or structure located in a special flood hazard 12 |
|---|
| 1167 | | - | area, as shown on the official FEMA Flood Insurance Rate Maps (FIRMs), or depicted on the 13 |
|---|
| 1168 | | - | Rhode Island coastal resources management council (CRMC) suggested design elevation three foot 14 |
|---|
| 1169 | | - | (3′) sea level rise (CRMC SDE 3 SLR) map as being inundated during a one-hundred-year (100) 15 |
|---|
| 1170 | | - | storm, the greater of the following amounts, expressed in feet, shall be excluded from the building 16 |
|---|
| 1171 | | - | height calculation: 17 |
|---|
| 1172 | | - | (i) The base flood elevation on the FEMA FIRM plus up to five feet (5′) of any utilized or 18 |
|---|
| 1173 | | - | proposed freeboard, less the average existing grade elevation; or 19 |
|---|
| 1174 | | - | (ii) The suggested design elevation as depicted on the CRMC SDE 3 SLR map during a 20 |
|---|
| 1175 | | - | one-hundred-year (100) storm, less the average existing grade elevation. CRMC shall reevaluate 21 |
|---|
| 1176 | | - | the appropriate suggested design elevation map for the exclusion every ten (10) years, or as 22 |
|---|
| 1177 | | - | otherwise necessary. 23 |
|---|
| 1178 | | - | (13) Cluster. A site-planning technique that concentrates buildings in specific areas on the 24 |
|---|
| 1179 | | - | site to allow the remaining land to be used for recreation, common open space, and/or preservation 25 |
|---|
| 1180 | | - | of environmentally, historically, culturally, or other sensitive features and/or structures. The 26 |
|---|
| 1181 | | - | techniques used to concentrate buildings shall be specified in the ordinance and may include, but 27 |
|---|
| 1182 | | - | are not limited to, reduction in lot areas, setback requirements, and/or bulk requirements, with the 28 |
|---|
| 1183 | | - | resultant open land being devoted by deed restrictions for one or more uses. Under cluster 29 |
|---|
| 1184 | | - | development, there is no increase in the number of lots that would be permitted under conventional 30 |
|---|
| 1185 | | - | development except where ordinance provisions include incentive bonuses for certain types or 31 |
|---|
| 1186 | | - | conditions of development. 32 |
|---|
| 1187 | | - | (14) Common ownership. Either: 33 |
|---|
| 1188 | | - | (i) Ownership by one or more individuals or entities in any form of ownership of two (2) 34 |
|---|
| 1189 | | - | |
|---|
| 1190 | | - | |
|---|
| 1191 | | - | LC002437/SUB A - Page 33 of 50 |
|---|
| 1192 | | - | or more contiguous lots; or 1 |
|---|
| 1193 | | - | (ii) Ownership by any association (ownership may also include a municipality) of one or 2 |
|---|
| 1194 | | - | more lots under specific development techniques. 3 |
|---|
| 1195 | | - | (15) Community residence. A home or residential facility where children and/or adults 4 |
|---|
| 1196 | | - | reside in a family setting and may or may not receive supervised care. This does not include halfway 5 |
|---|
| 1197 | | - | houses or substance-use-disorder-treatment facilities. This does include, but is not limited to, the 6 |
|---|
| 1198 | | - | following: 7 |
|---|
| 1199 | | - | (i) Whenever six (6) or fewer children or adults with intellectual and/or developmental 8 |
|---|
| 1200 | | - | disability reside in any type of residence in the community, as licensed by the state pursuant to 9 |
|---|
| 1201 | | - | chapter 24 of title 40.1. All requirements pertaining to local zoning are waived for these community 10 |
|---|
| 1202 | | - | residences; 11 |
|---|
| 1203 | | - | (ii) A group home providing care or supervision, or both, to not more than eight (8) persons 12 |
|---|
| 1204 | | - | with disabilities, and licensed by the state pursuant to chapter 24 of title 40.1; 13 |
|---|
| 1205 | | - | (iii) A residence for children providing care or supervision, or both, to not more than eight 14 |
|---|
| 1206 | | - | (8) children, including those of the caregiver, and licensed by the state pursuant to chapter 72.1 of 15 |
|---|
| 1207 | | - | title 42; 16 |
|---|
| 1208 | | - | (iv) A community transitional residence providing care or assistance, or both, to no more 17 |
|---|
| 1209 | | - | than six (6) unrelated persons or no more than three (3) families, not to exceed a total of eight (8) 18 |
|---|
| 1210 | | - | persons, requiring temporary financial assistance, and/or to persons who are victims of crimes, 19 |
|---|
| 1211 | | - | abuse, or neglect, and who are expected to reside in that residence not less than sixty (60) days nor 20 |
|---|
| 1212 | | - | more than two (2) years. Residents will have access to, and use of, all common areas, including 21 |
|---|
| 1213 | | - | eating areas and living rooms, and will receive appropriate social services for the purpose of 22 |
|---|
| 1214 | | - | fostering independence, self-sufficiency, and eventual transition to a permanent living situation. 23 |
|---|
| 1215 | | - | (16) Comprehensive plan. The comprehensive plan adopted and approved pursuant to 24 |
|---|
| 1216 | | - | chapter 22.2 of this title and to which any zoning adopted pursuant to this chapter shall be in 25 |
|---|
| 1217 | | - | compliance. 26 |
|---|
| 1218 | | - | (17) Day care — Daycare center. Any other daycare center that is not a family daycare 27 |
|---|
| 1219 | | - | home. 28 |
|---|
| 1220 | | - | (18) Day care — Family daycare home. Any home, other than the individual’s home, in 29 |
|---|
| 1221 | | - | which day care in lieu of parental care or supervision is offered at the same time to six (6) or less 30 |
|---|
| 1222 | | - | individuals who are not relatives of the caregiver, but may not contain more than a total of eight 31 |
|---|
| 1223 | | - | (8) individuals receiving day care. 32 |
|---|
| 1224 | | - | (19) Density, residential. The number of dwelling units per unit of land. 33 |
|---|
| 1225 | | - | (20) Development. The construction, reconstruction, conversion, structural alteration, 34 |
|---|
| 1226 | | - | |
|---|
| 1227 | | - | |
|---|
| 1228 | | - | LC002437/SUB A - Page 34 of 50 |
|---|
| 1229 | | - | relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; 1 |
|---|
| 1230 | | - | or any change in use, or alteration or extension of the use, of land. 2 |
|---|
| 1231 | | - | (21) Development plan review. The process whereby authorized, local officials review the 3 |
|---|
| 1232 | | - | site plans, maps, and other documentation of a development to determine the compliance with the 4 |
|---|
| 1233 | | - | stated purposes and standards of the ordinance. See §§ 45-23-32 and 45-23-50. 5 |
|---|
| 1234 | | - | (22) District. See “zoning-use district.” 6 |
|---|
| 1235 | | - | (23) Drainage system. A system for the removal of water from land by drains, grading, or 7 |
|---|
| 1236 | | - | other appropriate means. These techniques may include runoff controls to minimize erosion and 8 |
|---|
| 1237 | | - | sedimentation during and after construction or development; the means for preserving surface and 9 |
|---|
| 1238 | | - | groundwaters; and the prevention and/or alleviation of flooding. 10 |
|---|
| 1239 | | - | (24) Dwelling unit. A structure, or portion of a structure, providing complete, independent 11 |
|---|
| 1240 | | - | living facilities for one or more persons, including permanent provisions for living, sleeping, eating, 12 |
|---|
| 1241 | | - | cooking, and sanitation, and containing a separate means of ingress and egress. 13 |
|---|
| 1242 | | - | (25) Extractive industry. The extraction of minerals, including: solids, such as coal and 14 |
|---|
| 1243 | | - | ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes 15 |
|---|
| 1244 | | - | quarrying; well operation; milling, such as crushing, screening, washing, and flotation; and other 16 |
|---|
| 1245 | | - | preparation customarily done at the extraction site or as a part of the extractive activity. 17 |
|---|
| 1246 | | - | (26) Family member. A person, or persons, related by blood, marriage, or other legal 18 |
|---|
| 1247 | | - | means, including, but not limited to, a child, parent, spouse, mother-in-law, father-in-law, 19 |
|---|
| 1248 | | - | grandparents, grandchildren, domestic partner, sibling, care recipient, or member of the household. 20 |
|---|
| 1249 | | - | (27) Floating zone. An unmapped zoning district adopted within the ordinance that is 21 |
|---|
| 1250 | | - | established on the zoning map only when an application for development, meeting the zone 22 |
|---|
| 1251 | | - | requirements, is approved. 23 |
|---|
| 1252 | | - | (28) Floodplains, or Flood hazard area. As defined in § 45-22.2-4. 24 |
|---|
| 1253 | | - | (29) Freeboard. A factor of safety expressed in feet above the base flood elevation of a 25 |
|---|
| 1254 | | - | flood hazard area for purposes of floodplain management. Freeboard compensates for the many 26 |
|---|
| 1255 | | - | unknown factors that could contribute to flood heights, such as wave action, bridge openings, and 27 |
|---|
| 1256 | | - | the hydrological effect of urbanization of the watershed. 28 |
|---|
| 1257 | | - | (30) Groundwater. “Groundwater” and associated terms, as defined in § 46-13.1-3. 29 |
|---|
| 1258 | | - | (31) Halfway house. A residential facility for adults or children who have been 30 |
|---|
| 1259 | | - | institutionalized for criminal conduct and who require a group setting to facilitate the transition to 31 |
|---|
| 1260 | | - | a functional member of society. 32 |
|---|
| 1261 | | - | (32) Hardship. See § 45-24-41. 33 |
|---|
| 1262 | | - | (33) Historic district or historic site. As defined in § 45-22.2-4. 34 |
|---|
| 1263 | | - | |
|---|
| 1264 | | - | |
|---|
| 1265 | | - | LC002437/SUB A - Page 35 of 50 |
|---|
| 1266 | | - | (34) Home occupation. Any activity customarily carried out for gain by a resident, 1 |
|---|
| 1267 | | - | conducted as an accessory use in the resident’s dwelling unit. 2 |
|---|
| 1268 | | - | (35) Household. One or more persons living together in a single-dwelling unit, with 3 |
|---|
| 1269 | | - | common access to, and common use of, all living and eating areas and all areas and facilities for 4 |
|---|
| 1270 | | - | the preparation and storage of food within the dwelling unit. The term “household unit” is 5 |
|---|
| 1271 | | - | synonymous with the term “dwelling unit” for determining the number of units allowed within any 6 |
|---|
| 1272 | | - | structure on any lot in a zoning district. An individual household shall consist of any one of the 7 |
|---|
| 1273 | | - | following: 8 |
|---|
| 1274 | | - | (i) A family, which may also include servants and employees living with the family; or 9 |
|---|
| 1275 | | - | (ii) A person or group of unrelated persons living together. The maximum number may be 10 |
|---|
| 1276 | | - | set by local ordinance, but this maximum shall not be less than three (3). 11 |
|---|
| 1277 | | - | (36) Incentive zoning. The process whereby the local authority may grant additional 12 |
|---|
| 1278 | | - | development capacity in exchange for the developer’s provision of a public benefit or amenity as 13 |
|---|
| 1279 | | - | specified in local ordinances. 14 |
|---|
| 1280 | | - | (37) Infrastructure. Facilities and services needed to sustain residential, commercial, 15 |
|---|
| 1281 | | - | industrial, institutional, and other activities. 16 |
|---|
| 1282 | | - | (38) Land-development project. As defined in § 45-23-32. A project in which one or more 17 |
|---|
| 1283 | | - | lots, tracts, or parcels of land are developed or redeveloped as a coordinated site for one or more 18 |
|---|
| 1284 | | - | uses, units, or structures, including, but not limited to, planned development or cluster development 19 |
|---|
| 1285 | | - | for residential, commercial, institutional, recreational, open space, or mixed uses as provided in the 20 |
|---|
| 1286 | | - | zoning ordinance. 21 |
|---|
| 1287 | | - | (39) Lot. Either: 22 |
|---|
| 1288 | | - | (i) The basic development unit for determination of lot area, depth, and other dimensional 23 |
|---|
| 1289 | | - | regulations; or 24 |
|---|
| 1290 | | - | (ii) A parcel of land whose boundaries have been established by some legal instrument, 25 |
|---|
| 1291 | | - | such as a recorded deed or recorded map, and that is recognized as a separate legal entity for 26 |
|---|
| 1292 | | - | purposes of transfer of title. 27 |
|---|
| 1293 | | - | (40) Lot area. The total area within the boundaries of a lot, excluding any street right-of-28 |
|---|
| 1294 | | - | way, usually reported in acres or square feet. 29 |
|---|
| 1295 | | - | (41) Lot area, minimum. The smallest land area established by the local zoning ordinance 30 |
|---|
| 1296 | | - | upon which a use, building, or structure may be located in a particular zoning district. 31 |
|---|
| 1297 | | - | (42) Lot building coverage. That portion of the lot that is, or may be, covered by buildings 32 |
|---|
| 1298 | | - | and accessory buildings. 33 |
|---|
| 1299 | | - | (43) Lot depth. The distance measured from the front lot line to the rear lot line. For lots 34 |
|---|
| 1300 | | - | |
|---|
| 1301 | | - | |
|---|
| 1302 | | - | LC002437/SUB A - Page 36 of 50 |
|---|
| 1303 | | - | where the front and rear lot lines are not parallel, the lot depth is an average of the depth. 1 |
|---|
| 1304 | | - | (44) Lot frontage. That portion of a lot abutting a street. A zoning ordinance shall specify 2 |
|---|
| 1305 | | - | how noncontiguous frontage will be considered with regard to minimum frontage requirements. 3 |
|---|
| 1306 | | - | (45) Lot line. A line of record, bounding a lot, that divides one lot from another lot or from 4 |
|---|
| 1307 | | - | a public or private street or any other public or private space and shall include: 5 |
|---|
| 1308 | | - | (i) Front: the lot line separating a lot from a street right-of-way. A zoning ordinance shall 6 |
|---|
| 1309 | | - | specify the method to be used to determine the front lot line on lots fronting on more than one 7 |
|---|
| 1310 | | - | street, for example, corner and through lots; 8 |
|---|
| 1311 | | - | (ii) Rear: the lot line opposite and most distant from the front lot line, or in the case of 9 |
|---|
| 1312 | | - | triangular or otherwise irregularly shaped lots, an assumed line at least ten feet (10′) in length 10 |
|---|
| 1313 | | - | entirely within the lot, parallel to and at a maximum distance from, the front lot line; and 11 |
|---|
| 1314 | | - | (iii) Side: any lot line other than a front or rear lot line. On a corner lot, a side lot line may 12 |
|---|
| 1315 | | - | be a street lot line, depending on requirements of the local zoning ordinance. 13 |
|---|
| 1316 | | - | (46) Lot size, minimum. Shall have the same meaning as “minimum lot area” defined 14 |
|---|
| 1317 | | - | herein. 15 |
|---|
| 1318 | | - | (47) Lot, through. A lot that fronts upon two (2) parallel streets, or that fronts upon two (2) 16 |
|---|
| 1319 | | - | streets that do not intersect at the boundaries of the lot. 17 |
|---|
| 1320 | | - | (48) Lot width. The horizontal distance between the side lines of a lot measured at right 18 |
|---|
| 1321 | | - | angles to its depth along a straight line parallel to the front lot line at the minimum front setback 19 |
|---|
| 1322 | | - | line. 20 |
|---|
| 1323 | | - | (49) Mere inconvenience. See § 45-24-41. 21 |
|---|
| 1324 | | - | (50) Mixed use. A mixture of land uses within a single development, building, or tract. 22 |
|---|
| 1325 | | - | (51) Modification. Permission granted and administered by the zoning enforcement officer 23 |
|---|
| 1326 | | - | of the city or town, and pursuant to the provisions of this chapter to grant a dimensional variance 24 |
|---|
| 1327 | | - | other than lot area requirements from the zoning ordinance to a limited degree as determined by 25 |
|---|
| 1328 | | - | the zoning ordinance of the city or town, but not to exceed twenty-five percent (25%) of each of 26 |
|---|
| 1329 | | - | the applicable dimensional requirements. 27 |
|---|
| 1330 | | - | (52) Nonconformance. A building, structure, or parcel of land, or use thereof, lawfully 28 |
|---|
| 1331 | | - | existing at the time of the adoption or amendment of a zoning ordinance and not in conformity with 29 |
|---|
| 1332 | | - | the provisions of that ordinance or amendment. Nonconformance is of only two (2) types: 30 |
|---|
| 1333 | | - | (i) Nonconforming by use: a lawfully established use of land, building, or structure that is 31 |
|---|
| 1334 | | - | not a permitted use in that zoning district. A building or structure containing more dwelling units 32 |
|---|
| 1335 | | - | than are permitted by the use regulations of a zoning ordinance is nonconformity by use; or 33 |
|---|
| 1336 | | - | (ii) Nonconforming by dimension: a building, structure, or parcel of land not in compliance 34 |
|---|
| 1337 | | - | |
|---|
| 1338 | | - | |
|---|
| 1339 | | - | LC002437/SUB A - Page 37 of 50 |
|---|
| 1340 | | - | with the dimensional regulations of the zoning ordinance. Dimensional regulations include all 1 |
|---|
| 1341 | | - | regulations of the zoning ordinance, other than those pertaining to the permitted uses. A building 2 |
|---|
| 1342 | | - | or structure containing more dwelling units than are permitted by the use regulations of a zoning 3 |
|---|
| 1343 | | - | ordinance is nonconforming by use; a building or structure containing a permitted number of 4 |
|---|
| 1344 | | - | dwelling units by the use regulations of the zoning ordinance, but not meeting the lot area per 5 |
|---|
| 1345 | | - | dwelling unit regulations, is nonconforming by dimension. 6 |
|---|
| 1346 | | - | (53) Overlay district. A district established in a zoning ordinance that is superimposed on 7 |
|---|
| 1347 | | - | one or more districts or parts of districts. The standards and requirements associated with an overlay 8 |
|---|
| 1348 | | - | district may be more or less restrictive than those in the underlying districts consistent with other 9 |
|---|
| 1349 | | - | applicable state and federal laws. 10 |
|---|
| 1350 | | - | (54) Performance standards. A set of criteria or limits relating to elements that a particular 11 |
|---|
| 1351 | | - | use or process must either meet or may not exceed. 12 |
|---|
| 1352 | | - | (55) Permitted use. A use by right that is specifically authorized in a particular zoning 13 |
|---|
| 1353 | | - | district. 14 |
|---|
| 1354 | | - | (56) Planned development. A “land-development project,” as defined in subsection (38), 15 |
|---|
| 1355 | | - | and developed according to plan as a single entity and containing one or more structures or uses 16 |
|---|
| 1356 | | - | with appurtenant common areas. 17 |
|---|
| 1357 | | - | (57) Plant agriculture. The growing of plants for food or fiber, to sell or consume. 18 |
|---|
| 1358 | | - | (58) Preapplication conference. A review meeting of a proposed development held between 19 |
|---|
| 1359 | | - | applicants and reviewing agencies as permitted by law and municipal ordinance, before formal 20 |
|---|
| 1360 | | - | submission of an application for a permit or for development approval. 21 |
|---|
| 1361 | | - | (59) Setback line or lines. A line, or lines, parallel to a lot line at the minimum distance of 22 |
|---|
| 1362 | | - | the required setback for the zoning district in which the lot is located that establishes the area within 23 |
|---|
| 1363 | | - | which the principal structure must be erected or placed. 24 |
|---|
| 1364 | | - | (60) Site plan. The development plan for one or more lots on which is shown the existing 25 |
|---|
| 1365 | | - | and/or the proposed conditions of the lot. 26 |
|---|
| 1366 | | - | (61) Slope of land. The grade, pitch, rise, or incline of the topographic landform or surface 27 |
|---|
| 1367 | | - | of the ground. 28 |
|---|
| 1368 | | - | (62) Special use. A regulated use that is permitted pursuant to the special-use permit issued 29 |
|---|
| 1369 | | - | by the authorized governmental entity, pursuant to § 45-24-42. Formerly referred to as a special 30 |
|---|
| 1370 | | - | exception. 31 |
|---|
| 1371 | | - | (63) Structure. A combination of materials to form a construction for use, occupancy, or 32 |
|---|
| 1372 | | - | ornamentation, whether installed on, above, or below the surface of land or water. 33 |
|---|
| 1373 | | - | (64) Substandard lot of record. Any lot lawfully existing at the time of adoption or 34 |
|---|
| 1374 | | - | |
|---|
| 1375 | | - | |
|---|
| 1376 | | - | LC002437/SUB A - Page 38 of 50 |
|---|
| 1377 | | - | amendment of a zoning ordinance and not in conformance with the dimensional or area provisions 1 |
|---|
| 1378 | | - | of that ordinance. 2 |
|---|
| 1379 | | - | (65) Use. The purpose or activity for which land or buildings are designed, arranged, or 3 |
|---|
| 1380 | | - | intended, or for which land or buildings are occupied or maintained. 4 |
|---|
| 1381 | | - | (66) Variance. Permission to depart from the literal requirements of a zoning ordinance. 5 |
|---|
| 1382 | | - | An authorization for the construction or maintenance of a building or structure, or for the 6 |
|---|
| 1383 | | - | establishment or maintenance of a use of land, that is prohibited by a zoning ordinance. There are 7 |
|---|
| 1384 | | - | only two (2) categories of variance, a use variance or a dimensional variance. 8 |
|---|
| 1385 | | - | (i) Use variance. Permission to depart from the use requirements of a zoning ordinance 9 |
|---|
| 1386 | | - | where the applicant for the requested variance has shown by evidence upon the record that the 10 |
|---|
| 1387 | | - | subject land or structure cannot yield any beneficial use if it is to conform to the provisions of the 11 |
|---|
| 1388 | | - | zoning ordinance. 12 |
|---|
| 1389 | | - | (ii) Dimensional variance. Permission to depart from the dimensional requirements of a 13 |
|---|
| 1390 | | - | zoning ordinance, where the applicant for the requested relief has shown, by evidence upon the 14 |
|---|
| 1391 | | - | record, that there is no other reasonable alternative way to enjoy a legally permitted beneficial use 15 |
|---|
| 1392 | | - | of the subject property unless granted the requested relief from the dimensional regulations. 16 |
|---|
| 1393 | | - | However, the fact that a use may be more profitable or that a structure may be more valuable after 17 |
|---|
| 1394 | | - | the relief is granted are not grounds for relief. 18 |
|---|
| 1395 | | - | (67) Waters. As defined in § 46-12-1(23). 19 |
|---|
| 1396 | | - | (68) Wetland, coastal. As defined in § 45-22.2-4. 20 |
|---|
| 1397 | | - | (69) Wetland, freshwater. As defined in § 2-1-20. 21 |
|---|
| 1398 | | - | (70) Zoning certificate. A document signed by the zoning-enforcement officer, as required 22 |
|---|
| 1399 | | - | in the zoning ordinance, that acknowledges that a use, structure, building, or lot either complies 23 |
|---|
| 1400 | | - | with, or is legally nonconforming to, the provisions of the municipal zoning ordinance or is an 24 |
|---|
| 1401 | | - | authorized variance or modification therefrom. 25 |
|---|
| 1402 | | - | (71) Zoning map. The map, or maps, that are a part of the zoning ordinance and that 26 |
|---|
| 1403 | | - | delineate the boundaries of all mapped zoning districts within the physical boundary of the city or 27 |
|---|
| 1404 | | - | town. 28 |
|---|
| 1405 | | - | (72) Zoning ordinance. An ordinance enacted by the legislative body of the city or town 29 |
|---|
| 1406 | | - | pursuant to this chapter and in the manner providing for the adoption of ordinances in the city or 30 |
|---|
| 1407 | | - | town’s legislative or home rule charter, if any, that establish regulations and standards relating to 31 |
|---|
| 1408 | | - | the nature and extent of uses of land and structures; that is consistent with the comprehensive plan 32 |
|---|
| 1409 | | - | of the city or town as defined in chapter 22.2 of this title; that includes a zoning map; and that 33 |
|---|
| 1410 | | - | complies with the provisions of this chapter. 34 |
|---|
| 1411 | | - | |
|---|
| 1412 | | - | |
|---|
| 1413 | | - | LC002437/SUB A - Page 39 of 50 |
|---|
| 1414 | | - | (73) Zoning-use district. The basic unit in zoning, either mapped or unmapped, to which a 1 |
|---|
| 1415 | | - | uniform set of regulations applies, or a uniform set of regulations for a specified use. Zoning-use 2 |
|---|
| 1416 | | - | districts include, but are not limited to: agricultural, commercial, industrial, institutional, open 3 |
|---|
| 1417 | | - | space, and residential. Each district may include sub-districts. Districts may be combined. 4 |
|---|
| 1418 | | - | 45-24-46.4. Special provisions — Unified development review Special provisions -- 5 |
|---|
| 1419 | | - | Unified development review -- Effective January 1, 2024. 6 |
|---|
| 1420 | | - | (a) A zoning ordinance may shall provide that review and approval of decision on 7 |
|---|
| 1421 | | - | dimensional variances, use variances, and/or special-use permits for properties undergoing review 8 |
|---|
| 1422 | | - | which qualifies for unified development review by the planning board or commission as land 9 |
|---|
| 1423 | | - | development or subdivision projects pursuant to § 45-23-36 authorized permitting authority, be 10 |
|---|
| 1424 | | - | conducted and decided by the planning board or commission authorized permitting authority. This 11 |
|---|
| 1425 | | - | process is to be known as unified development review. 12 |
|---|
| 1426 | | - | (b) If unified development review is desired, such review must be enabled within the 13 |
|---|
| 1427 | | - | zoning ordinance, in accordance with this section, and the The local subdivision and land-14 |
|---|
| 1428 | | - | development regulations must be brought into conformance, ordinance and regulation shall provide 15 |
|---|
| 1429 | | - | for the application and review process pursuant to § 45-23-50.1. 16 |
|---|
| 1430 | | - | (c) A zoning ordinance that provides for unified development review shall: 17 |
|---|
| 1431 | | - | (1) Specify which types of zoning approval Empower the planning board or commission 18 |
|---|
| 1432 | | - | shall be empowered authorized permitting authority to grant, grant with conditions or deny zoning 19 |
|---|
| 1433 | | - | relief for which types of projects ; and 20 |
|---|
| 1434 | | - | (2) Provide that any person, group, agency, or corporation that files an application for an 21 |
|---|
| 1435 | | - | included land development or subdivision a project under this section may shall also file specific 22 |
|---|
| 1436 | | - | requests for relief from the literal requirements of a zoning ordinance on the subject property, 23 |
|---|
| 1437 | | - | pursuant to § 45-24-41, and/or for the issuance of special-use permits for the subject property, 24 |
|---|
| 1438 | | - | pursuant to § 45-24-42, by including such within the application to the administrative officer of the 25 |
|---|
| 1439 | | - | planning board or commission with the other required application materials, pursuant to § 45-23-26 |
|---|
| 1440 | | - | 50.1(b). 27 |
|---|
| 1441 | | - | (d) A zoning ordinance that provides for unified development review may specify design, 28 |
|---|
| 1442 | | - | use, public benefit, or other relevant criteria that must be met in order for an application to qualify 29 |
|---|
| 1443 | | - | for review under the unified development review provisions of the zoning ordinance. Certification 30 |
|---|
| 1444 | | - | as to whether an application meets the established criteria shall be conducted in conjunction with, 31 |
|---|
| 1445 | | - | and following the time lines outlined for, certification of completeness of the application, pursuant 32 |
|---|
| 1446 | | - | to §§ 45-23-38(c), 45-23-40(b), or 45-23-41(b). 33 |
|---|
| 1447 | | - | (e)(d) All land development and subdivision applications that include requests for 34 |
|---|
| 1448 | | - | |
|---|
| 1449 | | - | |
|---|
| 1450 | | - | LC002437/SUB A - Page 40 of 50 |
|---|
| 1451 | | - | variances and/or special-use permits submitted pursuant to this section shall require a public 1 |
|---|
| 1452 | | - | hearing that meets the requirements of §§ 45-23-50.1(b) and 45-23-50.1(c). 2 |
|---|
| 1453 | | - | (f)(e) In granting requests for dimensional and use variances, the planning board or 3 |
|---|
| 1454 | | - | commission authorized permitting authority shall be bound to the requirements of §§ 45-24-41(d) 4 |
|---|
| 1455 | | - | and 45-24-41(e) § 45-24-41 relative to entering evidence into the record in satisfaction of the 5 |
|---|
| 1456 | | - | applicable standards. 6 |
|---|
| 1457 | | - | (g)(f) In reviewing requests for special-use permits, the planning board or commission 7 |
|---|
| 1458 | | - | authorized permitting authority shall be bound to the conditions and procedures under which a 8 |
|---|
| 1459 | | - | special-use permit may be issued and the criteria for the issuance of such permits, as found within 9 |
|---|
| 1460 | | - | the zoning ordinance pursuant to §§ 45-24-42(b)(1), 45-24-42(b)(2) and 45-24-42(b)(3) § 45-24-10 |
|---|
| 1461 | | - | 42, and shall be required to provide for the recording of findings of fact and written decisions as 11 |
|---|
| 1462 | | - | described in the zoning ordinance pursuant to § 45-24-42(b)(5) § 45-24-42. 12 |
|---|
| 1463 | | - | (h)(g) An appeal from any decision made pursuant to this section may be taken pursuant to 13 |
|---|
| 1464 | | - | § 45-23-66 § 45-24-71. 14 |
|---|
| 1465 | | - | 45-24-47. Special provisions -- Land development projects Special provisions -- Land 15 |
|---|
| 1466 | | - | development projects -- Effective January 1, 2024. 16 |
|---|
| 1467 | | - | (a) A zoning ordinance may shall provide for land development projects which are projects 17 |
|---|
| 1468 | | - | in which one or more lots, tracts, or parcels of land are to be developed or redeveloped as a 18 |
|---|
| 1469 | | - | coordinated site for a complex of uses, units, or structures, including, but not limited to, planned 19 |
|---|
| 1470 | | - | development and/or cluster development for residential, commercial, institutional, industrial, 20 |
|---|
| 1471 | | - | recreational, open space, and/or mixed uses as may be provided for in the zoning ordinance are 21 |
|---|
| 1472 | | - | defined in § 45-23-32. 22 |
|---|
| 1473 | | - | (b) A zoning ordinance adopted pursuant to this chapter which permits or requires the 23 |
|---|
| 1474 | | - | creation of land development projects in one or more zoning districts shall require that any land 24 |
|---|
| 1475 | | - | development project is referred to the city or town planning board or commission for approval shall 25 |
|---|
| 1476 | | - | be reviewed, in accordance with the procedures established by chapter 23 of this title, including 26 |
|---|
| 1477 | | - | those for appeal and judicial review, and with any ordinances or regulations adopted pursuant to 27 |
|---|
| 1478 | | - | the procedures, whether or not the land development project constitutes a “subdivision”, as defined 28 |
|---|
| 1479 | | - | in chapter 23 of this title. No land development project shall be initiated until a plan of the project 29 |
|---|
| 1480 | | - | has been submitted to the planning board or commission and approval has been granted by the 30 |
|---|
| 1481 | | - | planning board or commission authorized permitting authority. In reviewing, hearing, and deciding 31 |
|---|
| 1482 | | - | upon a land development project, the city or town planning board or commission authorized 32 |
|---|
| 1483 | | - | permitting authority may be empowered to allow zoning incentives within the project; provided, 33 |
|---|
| 1484 | | - | that standards for the adjustments zoning incentives are described in the zoning ordinance, and may 34 |
|---|
| 1485 | | - | |
|---|
| 1486 | | - | |
|---|
| 1487 | | - | LC002437/SUB A - Page 41 of 50 |
|---|
| 1488 | | - | be empowered to apply any special conditions and stipulations to the approval that may, in the 1 |
|---|
| 1489 | | - | opinion of the planning board or commission authorized permitting authority, be required to 2 |
|---|
| 1490 | | - | maintain harmony with neighboring uses and promote the objectives and purposes of the 3 |
|---|
| 1491 | | - | comprehensive plan and zoning ordinance. 4 |
|---|
| 1492 | | - | (c) In regulating land development projects, an ordinance adopted pursuant to this chapter 5 |
|---|
| 1493 | | - | may include, but is not limited to, regulations governing the following: 6 |
|---|
| 1494 | | - | (1) A minimum area or site size for a land development project; 7 |
|---|
| 1495 | | - | (2) Uses to be permitted within the development; 8 |
|---|
| 1496 | | - | (3) Ratios of residential to nonresidential uses where applicable; 9 |
|---|
| 1497 | | - | (4) Maximum density per lot and maximum density for the entire development, with; 10 |
|---|
| 1498 | | - | (5) Roads, driveways, utilities, parking, and other facilities; regulations may distinguish 11 |
|---|
| 1499 | | - | between those facilities intended to remain in private ownership or to be dedicated to the public; 12 |
|---|
| 1500 | | - | and 13 |
|---|
| 1501 | | - | (6) Buffer areas, landscaping, screening, and shading. 14 |
|---|
| 1502 | | - | (d) In regulating land development projects, an ordinance adopted pursuant to this chapter 15 |
|---|
| 1503 | | - | shall include provisions for zoning incentives which include the adjustment of applicable lot density 16 |
|---|
| 1504 | | - | and dimensional standards where open space is to be permanently set aside for public or common 17 |
|---|
| 1505 | | - | use, and/or where the physical characteristics, location, or size of the site require an adjustment, 18 |
|---|
| 1506 | | - | and/or where the location, size, and type of housing, commercial, industrial, or other use require an 19 |
|---|
| 1507 | | - | adjustment, and/or where housing for low and moderate income families is to be provided, or where 20 |
|---|
| 1508 | | - | other amenities not ordinarily required are provided, as stipulated in the zoning ordinance. 21 |
|---|
| 1509 | | - | Provision may be made for adjustment of applicable lot density and dimensional standards for 22 |
|---|
| 1510 | | - | payment or donation of other land or facilities in lieu of an on-site provision of an amenity that 23 |
|---|
| 1511 | | - | would, if provided on-site, enable an adjustment; 24 |
|---|
| 1512 | | - | (5) Roads, driveways, utilities, parking, and other facilities; regulations may distinguish 25 |
|---|
| 1513 | | - | between those facilities intended to remain in private ownership or to be dedicated to the public; 26 |
|---|
| 1514 | | - | and 27 |
|---|
| 1515 | | - | (6) Buffer areas, landscaping, screening, and shading. 28 |
|---|
| 1516 | | - | (d)(e)(1) A zoning ordinance requiring open land in a cluster development or other land 29 |
|---|
| 1517 | | - | development project for public or common use, shall provide that such open land either: (i) be 30 |
|---|
| 1518 | | - | conveyed to the city or town and accepted by it for park, open space, agricultural, or other specified 31 |
|---|
| 1519 | | - | use or uses, or (ii) be conveyed to a nonprofit organization, the principal purpose of which is the 32 |
|---|
| 1520 | | - | conservation of open space or resource protection, or (iii) be conveyed to a corporation or trust 33 |
|---|
| 1521 | | - | owned or to be owned by the owners of lots or units within the development, or owners of shares 34 |
|---|
| 1522 | | - | |
|---|
| 1523 | | - | |
|---|
| 1524 | | - | LC002437/SUB A - Page 42 of 50 |
|---|
| 1525 | | - | within a cooperative development. If such a corporation or trust is used, ownership shall pass with 1 |
|---|
| 1526 | | - | conveyances of the lots or units, or (iv) remain in private ownership if the use is limited to 2 |
|---|
| 1527 | | - | agriculture, habitat or forestry, and the city or town has set forth in its community comprehensive 3 |
|---|
| 1528 | | - | plan and zoning ordinance that private ownership is necessary for the preservation and management 4 |
|---|
| 1529 | | - | of the agricultural, habitat or forest resources. 5 |
|---|
| 1530 | | - | (2) In any case where the land is not conveyed to the city or town: 6 |
|---|
| 1531 | | - | (i) A restriction, in perpetuity, enforceable by the city or town or by any owner of property 7 |
|---|
| 1532 | | - | in the cluster or other land development project in which the land is located shall be recorded 8 |
|---|
| 1533 | | - | providing that the land is kept in the authorized condition(s) and not built upon or developed for 9 |
|---|
| 1534 | | - | accessory uses such as parking or roadway; and 10 |
|---|
| 1535 | | - | (ii) The developmental rights and other conservation easements on the land may be held, 11 |
|---|
| 1536 | | - | in perpetuity, by a nonprofit organization, the principal purpose of which is the conservation of 12 |
|---|
| 1537 | | - | open space or resource protection. 13 |
|---|
| 1538 | | - | (3) All open space land provided by a cluster development or other land development 14 |
|---|
| 1539 | | - | project shall be subject to a community approved management plan that will specify the permitted 15 |
|---|
| 1540 | | - | uses for the open space. 16 |
|---|
| 1541 | | - | 45-24-49. Special provisions — Development plan review Special provisions --17 |
|---|
| 1542 | | - | Development plan review -- Effective January 1, 2024. 18 |
|---|
| 1543 | | - | (a) A zoning ordinance may shall permit development plan review of applications for uses 19 |
|---|
| 1544 | | - | requiring a special-use permit, a variance, a zoning ordinance amendment, and/or a zoning map 20 |
|---|
| 1545 | | - | change. The review shall be conducted by the planning board or commission and shall be advisory 21 |
|---|
| 1546 | | - | to the permitting authority. pursuant to § 45-23-50, (b) A zoning ordinance may permit 22 |
|---|
| 1547 | | - | development plan review of applications for uses that are permitted by right under the zoning 23 |
|---|
| 1548 | | - | ordinance, but the review shall only be based on specific and objective guidelines which must be 24 |
|---|
| 1549 | | - | stated in the zoning ordinance. The review body permitting authority shall also be set forth in and 25 |
|---|
| 1550 | | - | be established by the zoning ordinance. A rejection of the application shall be considered an 26 |
|---|
| 1551 | | - | appealable decision pursuant to § 45-24-64. 27 |
|---|
| 1552 | | - | (b) The permitting authority may grant relief from the zoning ordinance and may grant 28 |
|---|
| 1553 | | - | zoning incentives under specific conditions set forth in the zoning ordinance. 29 |
|---|
| 1554 | | - | (c) Nothing in this subsection shall be construed to permit waivers of any regulations unless 30 |
|---|
| 1555 | | - | approved by the permitting authority pursuant to the local ordinance and this act. 31 |
|---|
| 1556 | | - | 45-24-58. Administration -- Application procedure Administration -- Application 32 |
|---|
| 1557 | | - | procedure -- Effective January 1, 2024. 33 |
|---|
| 1558 | | - | The zoning ordinance establishes the various application procedures necessary for the 34 |
|---|
| 1559 | | - | |
|---|
| 1560 | | - | |
|---|
| 1561 | | - | LC002437/SUB A - Page 43 of 50 |
|---|
| 1562 | | - | filing of appeals, requests for variances, special-use permits, development plan reviews, site plan 1 |
|---|
| 1563 | | - | reviews, and other applications that may be specified in the zoning ordinance as allowed by this 2 |
|---|
| 1564 | | - | chapter, with the zoning board of review, consistent with the provisions of this chapter. The zoning 3 |
|---|
| 1565 | | - | ordinance provides for the creation of appropriate forms, and for the submission and resubmission 4 |
|---|
| 1566 | | - | requirements, for each type of application required. A zoning ordinance may establish that a time 5 |
|---|
| 1567 | | - | period of a certain number of months is required to pass before a successive similar application 6 |
|---|
| 1568 | | - | may be filed. 7 |
|---|
| 1569 | | - | SECTION 3. Sections 45-23-34, 45-23-40, 45-23-41, 45-23-43, 45-23-49, 45-23-66, 45-8 |
|---|
| 1570 | | - | 23-68, 45-23-69 and 45-23-70 of the General Laws in Chapter 45-23 entitled "Subdivision of Land" 9 |
|---|
| 1571 | | - | are hereby repealed as of January 1, 2024. 10 |
|---|
| 1572 | | - | 45-23-34. General provisions — Definitions. 11 |
|---|
| 1573 | | - | Local regulations adopted pursuant to this chapter shall provide definitions for words or 12 |
|---|
| 1574 | | - | phrases contained in the regulations as is deemed appropriate. Where words or phrases used in any 13 |
|---|
| 1575 | | - | local regulations, whether or not defined in those regulations, are substantially similar to words or 14 |
|---|
| 1576 | | - | phrases defined in § 45-23-32 of this chapter, or § 45-22.2-4 of the Comprehensive Planning and 15 |
|---|
| 1577 | | - | Land Use Act or § 45-24-31 of the Zoning Enabling Act of 1991 the words or phrases shall be 16 |
|---|
| 1578 | | - | construed according to the definitions provided in those sections of the law. 17 |
|---|
| 1579 | | - | 45-23-40. General provisions — Major land development and major subdivision — 18 |
|---|
| 1580 | | - | Master plan. 19 |
|---|
| 1581 | | - | (a) Submission requirements. 20 |
|---|
| 1582 | | - | (1) The applicant shall first submit to the administrative officer the items required by the 21 |
|---|
| 1583 | | - | local regulations for master plans. 22 |
|---|
| 1584 | | - | (2) Requirements for the master plan and supporting material for this phase of review 23 |
|---|
| 1585 | | - | include, but are not limited to: information on the natural and built features of the surrounding 24 |
|---|
| 1586 | | - | neighborhood, existing natural and man-made conditions of the development site, including 25 |
|---|
| 1587 | | - | topographic features, the freshwater wetland and coastal zone boundaries, the floodplains, as well 26 |
|---|
| 1588 | | - | as the proposed design concept, proposed public improvements and dedications, tentative 27 |
|---|
| 1589 | | - | construction phasing; and potential neighborhood impacts. 28 |
|---|
| 1590 | | - | (3) Initial comments will be solicited from: 29 |
|---|
| 1591 | | - | (i) Local agencies including, but not limited to, the planning department, the department of 30 |
|---|
| 1592 | | - | public works, fire and police departments, the conservation and recreation commissions; 31 |
|---|
| 1593 | | - | (ii) Adjacent communities; 32 |
|---|
| 1594 | | - | (iii) State agencies, as appropriate, including the departments of environmental 33 |
|---|
| 1595 | | - | management and transportation and the coastal resources management council; and 34 |
|---|
| 1596 | | - | |
|---|
| 1597 | | - | |
|---|
| 1598 | | - | LC002437/SUB A - Page 44 of 50 |
|---|
| 1599 | | - | (iv) Federal agencies, as appropriate. The administrative officer shall coordinate review 1 |
|---|
| 1600 | | - | and comments by local officials, adjacent communities, and state and federal agencies. 2 |
|---|
| 1601 | | - | (4) Requests for relief from the literal requirements of the zoning ordinance and/or for the 3 |
|---|
| 1602 | | - | issuance of special-use permits related to major subdivisions and/or major land-development 4 |
|---|
| 1603 | | - | projects that are submitted under a zoning ordinance’s unified development review provisions shall 5 |
|---|
| 1604 | | - | be included as part of the master plan application, pursuant to § 45-23-50.1(b). 6 |
|---|
| 1605 | | - | (b) Certification. The application must be certified, in writing, complete or incomplete by 7 |
|---|
| 1606 | | - | the administrative officer within twenty-five (25) days, according to the provisions of § 45-23-8 |
|---|
| 1607 | | - | 36(b). The running of the time period set forth herein will be deemed stopped upon the issuance of 9 |
|---|
| 1608 | | - | a certificate of incompleteness of the application by the administrative officer and will recommence 10 |
|---|
| 1609 | | - | upon the resubmission of a corrected application by the applicant. However, in no event will the 11 |
|---|
| 1610 | | - | administrative officer be required to certify a corrected submission as complete or incomplete less 12 |
|---|
| 1611 | | - | than ten (10) days after its resubmission. 13 |
|---|
| 1612 | | - | (c) Technical review committee. The technical review committee, if established, shall 14 |
|---|
| 1613 | | - | review the application and shall comment and make recommendations to the planning board. 15 |
|---|
| 1614 | | - | (d) Informational meeting. 16 |
|---|
| 1615 | | - | (1) A public informational meeting will be held prior to the planning board decision on the 17 |
|---|
| 1616 | | - | master plan, unless the master plan and preliminary plan approvals are being combined, in which 18 |
|---|
| 1617 | | - | case the public informational meeting is optional, based upon planning board determination, or 19 |
|---|
| 1618 | | - | unified development review has been requested, in which case a public hearing shall be held 20 |
|---|
| 1619 | | - | pursuant to § 45-23-50.1(b). 21 |
|---|
| 1620 | | - | (2) Public notice for the informational meeting is required and must be given at least seven 22 |
|---|
| 1621 | | - | (7) days prior to the date of the meeting in a newspaper of general circulation within the 23 |
|---|
| 1622 | | - | municipality. Postcard notice must be mailed to the applicant and to all property owners within the 24 |
|---|
| 1623 | | - | notice area, as specified by local regulations. 25 |
|---|
| 1624 | | - | (3) At the public informational meeting, the applicant will present the proposed 26 |
|---|
| 1625 | | - | development project. The planning board must allow oral and written comments from the general 27 |
|---|
| 1626 | | - | public. All public comments are to be made part of the public record of the project application. 28 |
|---|
| 1627 | | - | (e) Decision. The planning board shall, within ninety (90) days of certification of 29 |
|---|
| 1628 | | - | completeness, or within a further amount of time that may be consented to by the applicant through 30 |
|---|
| 1629 | | - | the submission of a written waiver, approve of the master plan as submitted, approve with changes 31 |
|---|
| 1630 | | - | and/or conditions, or deny the application, according to the requirements of §§ 45-23-60 and 45-32 |
|---|
| 1631 | | - | 23-63. 33 |
|---|
| 1632 | | - | (f) Failure to act. Failure of the planning board to act within the prescribed period 34 |
|---|
| 1633 | | - | |
|---|
| 1634 | | - | |
|---|
| 1635 | | - | LC002437/SUB A - Page 45 of 50 |
|---|
| 1636 | | - | constitutes approval of the master plan, and a certificate of the administrative officer as to the failure 1 |
|---|
| 1637 | | - | of the planning board to act within the required time and the resulting approval will be issued on 2 |
|---|
| 1638 | | - | request of the applicant. 3 |
|---|
| 1639 | | - | (g) Vesting. 4 |
|---|
| 1640 | | - | (1) The approved master plan is vested for a period of two (2) years, with the right to extend 5 |
|---|
| 1641 | | - | for two (2), one-year extensions upon written request by the applicant, who must appear before the 6 |
|---|
| 1642 | | - | planning board for the annual review. Thereafter, vesting may be extended for a longer period, for 7 |
|---|
| 1643 | | - | good cause shown, if requested by the applicant, in writing, and approved by the planning board. 8 |
|---|
| 1644 | | - | Master plan vesting includes the zoning requirements, conceptual layout, and all conditions shown 9 |
|---|
| 1645 | | - | on the approved master plan drawings and supporting materials. 10 |
|---|
| 1646 | | - | (2) The initial four-year (4) vesting for the approved master plan constitutes the vested 11 |
|---|
| 1647 | | - | rights for the development as required in § 45-24-44. 12 |
|---|
| 1648 | | - | 45-23-41. General provisions — Major land development and major subdivision — 13 |
|---|
| 1649 | | - | Preliminary plan. 14 |
|---|
| 1650 | | - | (a) Submission requirements. 15 |
|---|
| 1651 | | - | (1) The applicant shall first submit to the administrative officer the items required by the 16 |
|---|
| 1652 | | - | local regulations for preliminary plans. 17 |
|---|
| 1653 | | - | (2) Requirements for the preliminary plan and supporting materials for this phase of the 18 |
|---|
| 1654 | | - | review include, but are not limited to: engineering plans depicting the existing site conditions, 19 |
|---|
| 1655 | | - | engineering plans depicting the proposed development project, a perimeter survey, all permits 20 |
|---|
| 1656 | | - | required by state or federal agencies prior to commencement of construction, including permits 21 |
|---|
| 1657 | | - | related to freshwater wetlands, the coastal zone, floodplains, preliminary suitability for individual 22 |
|---|
| 1658 | | - | septic disposal systems, public water systems, and connections to state roads. 23 |
|---|
| 1659 | | - | (3) At the preliminary plan review phase, the administrative officer shall solicit final, 24 |
|---|
| 1660 | | - | written comments and/or approvals of the department of public works, the city or town engineer, 25 |
|---|
| 1661 | | - | the city or town solicitor, other local government departments, commissions, or authorities as 26 |
|---|
| 1662 | | - | appropriate. 27 |
|---|
| 1663 | | - | (4) Prior to approval of the preliminary plan, copies of all legal documents describing the 28 |
|---|
| 1664 | | - | property, proposed easements, and rights-of-way. 29 |
|---|
| 1665 | | - | (5) If the applicant is requesting alteration of any variances and/or special-use permits 30 |
|---|
| 1666 | | - | granted by the planning board or commission at the master plan stage of review pursuant to adopted 31 |
|---|
| 1667 | | - | unified development review provisions, and/or any new variances and/or special-use permits, such 32 |
|---|
| 1668 | | - | requests and all supporting documentation shall be included as part of the preliminary plan 33 |
|---|
| 1669 | | - | application materials, pursuant to § 45-23-50.1(b). 34 |
|---|
| 1670 | | - | |
|---|
| 1671 | | - | |
|---|
| 1672 | | - | LC002437/SUB A - Page 46 of 50 |
|---|
| 1673 | | - | (b) Certification. The application will be certified as complete or incomplete by the 1 |
|---|
| 1674 | | - | administrative officer within twenty-five (25) days, according to the provisions of § 45-23-36(b). 2 |
|---|
| 1675 | | - | The running of the time period set forth herein will be deemed stopped upon the issuance of a 3 |
|---|
| 1676 | | - | certificate of incompleteness of the application by the administrative officer and will recommence 4 |
|---|
| 1677 | | - | upon the resubmission of a corrected application by the applicant. However, in no event shall the 5 |
|---|
| 1678 | | - | administrative officer be required to certify a corrected submission as complete or incomplete less 6 |
|---|
| 1679 | | - | than ten (10) days after its resubmission. 7 |
|---|
| 1680 | | - | (c) Technical review committee. The technical review committee, if established, shall 8 |
|---|
| 1681 | | - | review the application and shall comment and make recommendations to the planning board. 9 |
|---|
| 1682 | | - | (d) Public hearing. Prior to a planning board decision on the preliminary plan, a public 10 |
|---|
| 1683 | | - | hearing, which adheres to the requirements for notice described in § 45-23-42, must be held. 11 |
|---|
| 1684 | | - | (e) Public improvement guarantees. Proposed arrangements for completion of the required 12 |
|---|
| 1685 | | - | public improvements, including construction schedule and/or financial guarantees, shall be 13 |
|---|
| 1686 | | - | reviewed and approved by the planning board at preliminary plan approval. 14 |
|---|
| 1687 | | - | (f) Decision. A complete application for a major subdivision or development plan shall be 15 |
|---|
| 1688 | | - | approved, approved with conditions, or denied, in accordance with the requirements of §§ 45-23-16 |
|---|
| 1689 | | - | 60 and 45-23-63, within ninety (90) days of the date when it is certified complete, or within a 17 |
|---|
| 1690 | | - | further amount of time that may be consented to by the developer through the submission of a 18 |
|---|
| 1691 | | - | written waiver. 19 |
|---|
| 1692 | | - | (g) Failure to act. Failure of the planning board to act within the prescribed period 20 |
|---|
| 1693 | | - | constitutes approval of the preliminary plan and a certificate of the administrative officer as to the 21 |
|---|
| 1694 | | - | failure of the planning board to act within the required time and the resulting approval shall be 22 |
|---|
| 1695 | | - | issued on request of the applicant. 23 |
|---|
| 1696 | | - | (h) Vesting. The approved preliminary plan is vested for a period of two (2) years with the 24 |
|---|
| 1697 | | - | right to extend for two (2), one-year extensions upon written request by the applicant, who must 25 |
|---|
| 1698 | | - | appear before the planning board for each annual review and provide proof of valid state or federal 26 |
|---|
| 1699 | | - | permits as applicable. Thereafter, vesting may be extended for a longer period, for good cause 27 |
|---|
| 1700 | | - | shown, if requested, in writing by the applicant, and approved by the planning board. The vesting 28 |
|---|
| 1701 | | - | for the preliminary plan approval includes all general and specific conditions shown on the 29 |
|---|
| 1702 | | - | approved preliminary plan drawings and supporting material. 30 |
|---|
| 1703 | | - | 45-23-43. General provisions — Major land development and major subdivision — 31 |
|---|
| 1704 | | - | Final plan. 32 |
|---|
| 1705 | | - | (a) Submission requirements. 33 |
|---|
| 1706 | | - | (1) The applicant shall submit to the administrative officer the items required by the local 34 |
|---|
| 1702 | + | 45-23-43. General provisions — Major land development and major subdivision — 30 |
|---|
| 1703 | + | Final plan. 31 |
|---|
| 1704 | + | (a) Submission requirements. 32 |
|---|
| 1705 | + | (1) The applicant shall submit to the administrative officer the items required by the local 33 |
|---|
| 1706 | + | regulations for the final plan, as well as all material required by the planning board when the 34 |
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