TITLE 45
Towns and cities
CHAPTER 45-23
Subdivision of Land
SECTION 45-23-38
§ 45-23-38 General provisions Minor
land development and minor subdivision review.
(a) Review stages. Minor plan review consists of two (2) stages,
preliminary and final; provided, that if a street creation or extension is
involved, a public hearing is required. The planning board may combine the
approval stages, providing requirements for both stages are met by the
applicant to the satisfaction of the planning officials.
(b) Submission requirements. Any applicant requesting
approval of a proposed minor subdivision or minor land development, as defined
in this chapter, shall submit to the administrative officer the items required
by the local regulations.
(c) Certification. The application shall be certified,
in writing, complete or incomplete by the administrative officer within
twenty-five (25) days or within fifteen (15) days if no street creation or
extension is required, according to the provisions of § 45-23-36(b). The
running of the time period set forth in this section will be deemed stopped
upon the issuance of a certificate of incompleteness of the application by the
administrative officer and will recommence upon the resubmission of a corrected
application by the applicant. However, in no event will the administrative
officer be required to certify a corrected submission as complete or incomplete
less than fourteen (14) days after its resubmission.
(d) Technical review committee. The technical review
committee, if established, will review the application and will comment and
make recommendations to the planning board. The application will be referred to
the planning board as a whole if there is no technical review committee. When
reviewed by a technical review committee:
(1) If the land development or subdivision plan is approved
by a majority of the committee members, the application is forwarded to the
planning board with a recommendation for preliminary plan approval without
further review.
(2) If the plan is not approved by a majority vote of the
committee members, the minor land development and subdivision application is
referred to the planning board.
(e) Re-assignment to major review. The planning board
may re-assign a proposed minor project to major review only when the planning
board is unable to make the positive findings required in § 45-23-60.
(f) Decision. If no street creation or extension is
required, the planning board will approve, deny, or approve with conditions,
the preliminary plan within sixty-five (65) days of certification of
completeness, or within any further time that is agreed to by the applicant and
the board, according to the requirements of § 45-23-63. If a street
extension or creation is required, the planning board will hold a public
hearing prior to approval according to the requirements in § 45-23-42 and
will approve, deny, or approve with conditions, the preliminary plan within
ninety-five (95) days of certification of completeness, or within any specified
time that is agreed to by the applicant and the board, according to the
requirements of § 45-23-63.
(g) Failure to act. Failure of the planning board to
act within the period prescribed constitutes approval of the preliminary plan
and a certificate of the administrative officer as to the failure of the
planning board to act within the required time and the resulting approval will
be issued on request of the application.
(h) Final plan. The planning board may delegate final
plan review and approval to either the administrative officer or the technical
review committee. The officer or committee will report its actions, in writing
to the planning board at its next regular meeting, to be made part of the
record.
(i) Expiration of approval. Approval of a minor land
development or subdivision plan expires ninety (90) days from the date of
approval unless within that period a plat or plan, in conformity with approval,
and as defined in this act, is submitted for signature and recording as
specified in § 45-23-64. Validity may be extended for a longer period, for
cause shown, if requested by the application in writing, and approved by the
planning board.
History of Section.
(P.L. 1992, ch. 385, § 1; P.L. 1996, ch. 404, § 36; P.L. 1999, ch.
157, § 1; P.L. 2008, ch. 224, § 1; P.L. 2008, ch. 464, §
1.)
