Prior to the Master Plan Review, one or more pre-application meetings shall be held in accordance with Section 402.
A. Review Stages
1. Major Plan Review is required for all applications for land development and subdivision approval subject to these Rules and Regulations, unless classified as an administrative subdivision or a as minor land development or a minor subdivision.
2. Major plan review consists of three stages of review, master plan, preliminary plan and final plan, following the pre-application meeting(s) specified in Section 402(C). Also required is a public informational meeting and a public hearing.
3. The Planning Board may vote to combine review stages and to modify and/or waive requirements as specified in Section 908. Review stages may be combined only after the Planning Board determines that all necessary requirements have been met by the applicant.
4. Unless waived by the Planning Board consistent with the provisions of Article 3 of these regulations, all major subdivisions must be submitted as Conservation Subdivision Developments.
B. Master Plan Review
1. Submission requirements
(a) At least three weeks prior to the scheduled Planning Board meeting, at which the applicant wishes to be heard, the applicant shall first submit to the Administrative Officer the items required by the Major Subdivision Master Plan Checklist (Appendix A).
(b) Requirements for the master plan and supporting material for this phase of review shall include, but not be limited to: information on the natural and built features of the surrounding neighborhood, existing natural and man-made conditions of the development site, including topographic features, the freshwater wetland and coastal zone boundaries and floodplains, as well as the proposed design concept, proposed public improvements and dedications, tentative construction phasing, and potential neighborhood impacts.
(c) The Administrative Officer shall solicit initial comments from (a) local agencies including, but not limited to, the Planning Department, the department of public works, fire and police departments, the conservation, tree, and recreation commissions; (b) adjacent communities; (c) state agencies, as appropriate, including the Departments of Environmental Management and Transportation, and the Coastal Resources Management Council (CRMC); and (d) federal agencies, as appropriate. The Administrative Officer shall coordinate review and comments by local officials, adjacent communities, and state and federal agencies.
2. Certification
The application must be certified complete or incomplete by the Administrative Officer within the timeframe prescribed by R.I.G.L. 45-23-40, according to the provisions of Section 403. The running of the time period set forth herein 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 the timeframe prescribed by R.I.G.L. 45-23-40.
3. Informational meeting
(a) A public informational meeting shall be held prior to the Planning Board decision on the master plan, unless the master plan and preliminary plan approvals are being combined, in which case the public informational meeting shall be optional, based upon Planning Board determination.
(b) Public notice for the informational meeting shall be given at least seven (7) days prior to the date of the meeting in the Newport Daily News. Written notice shall be mailed to the applicant and to all abutting property owners.
(c) At the public informational meeting the applicant shall present the proposed development project. The Planning Board shall allow oral and written comments from the general public. All public comments shall be made part of the public record of the project application.
4. Decision
The Planning Board shall, within the timeframe prescribed by R.I.G.L. 45-23-40, or within such further time as may be consented to by the applicant, approve of the master plan as submitted, approve with changes and/or conditions, or deny the application, according to the requirements of Section 903.
5. Failure to act
Failure of the Planning Board to act within the period prescribed shall constitute approval of the master plan and a certificate of the Administrative Officer as to the failure of the Planning Board to act within the required time and the resulting approval shall be issued on request of the applicant.
6. Vesting
(a) The approved master plan shall be vested for the timeframe prescribed by R.I.G.L. 45-23-40. Vesting may be extended for a longer period, for good cause shown, if requested by the applicant in writing, and approved by the Planning Board. Master plan vesting shall include the zoning requirements, conceptual layout and all conditions shown on the approved master plan drawings and supporting materials.
(b) The initial vesting period for the approved master plan shall constitute the vested rights for the development as required in R.I.G.L. 45-24-44.
C. Preliminary Review
1. Submission Requirements
(a) The applicant shall submit to the Administrative Officer the items required by the Major Subdivision Preliminary Review Checklist (Appendix A) at least three (3) weeks prior to the scheduled Planning Board meeting at which the applicant wishes to be heard.
(b) Requirements for the preliminary plan and supporting materials for this phase of the review shall include, but not be limited to: engineering plans depicting the existing site conditions, engineering plans depicting the proposed development project, a perimeter survey, all permits required by state or federal agencies prior to commencement of construction, including permits related to freshwater wetlands, the coastal zone, floodplains, preliminary suitability for individual septic disposal systems, public water systems, and connections to state roads.
(c) Final written comments and/or approvals shall be provided from the Public Works Department, Town Engineer, Town Solicitor, and other local government departments, commissions, or authorities as appropriate.
(d) Prior to approval of the preliminary plan, copies of all legal documents describing the property, proposed easements and rights-of-way shall be submitted.
(e) In conservation subdivisions/land development projects, proposed arrangements for ownership, use, and maintenance of the required open space shall be reviewed and approved by the Planning Board.
2. Certification
The applications shall be certified as complete or incomplete by the Administrative Officer within the timeframe prescribed by R.I.G.L. 45-23-41. The running of the time period set forth herein 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 shall the administrative officer be required to certify a corrected submission as complete or incomplete less than the timeframe prescribed by R.I.G.L. 45-23-41.
3. Technical Review Committee
The Planning Board may request Technical Review Committee review of all Major Subdivision/Land Development Project preliminary plan materials.
4. Development Impact Review
Unless waived by the Planning Board, all Major Subdivision/Development applications shall undergo Development Impact Review, consistent with the provisions of Section 310 of the Zoning Ordinance.
5. Public hearing
Prior to a Planning Board decision on the preliminary plan, a public hearing, which adheres to the requirements for notice described in Section 408, must be held.
6. Public Improvement Guarantees
Proposed arrangements for completion of the required public improvements, including construction schedule and/or financial guarantees, shall be reviewed and approved by the Planning Board, after receiving concurrence from the Town Administrator at preliminary plan approval.
7. Decision
A complete application for major subdivision or development plan shall be approved, approved with changes and/or conditions or denied, within the timeframe prescribed by R.I.G.L. 45-23-41, or within such further time as may be consented to by the applicant.
8. Failure to act
Failure of the Planning Board to act within the period prescribed shall constitute approval of the preliminary plan and a certificate of the Administrative Officer as to the failure of the Planning Board to act within the required time and the resulting approval shall be issued on request of the applicant.
9. Vesting
The approved preliminary plan shall be vested for the timeframe prescribed by R.I.G.L. 45-23-41 and vesting may be extended for a longer period, for good cause shown, if requested in writing by the applicant, and approved by the Planning Board. The vesting for the preliminary plan approval shall include all general and specific conditions as shown on the approved preliminary plan drawings and supporting material.
D. Public Hearing and Notice
A public hearing in accordance with Section 408 of these regulations is required.
E. Final Plan Review
1. Submission requirements
(a) The applicant shall first submit to the Administrative Officer, at least three (3) weeks prior to the scheduled Planning Board meeting at which the applicant wishes to be heard, the items required by the Major Subdivision-Final Plan Checklist, as well as all material required by the Planning Board when the application was given preliminary approval.
(b) Arrangements for completion of the required public improvements including the construction schedule and/or financial guarantees.
(c) Certification by the tax collector that all property taxes are current.
(d) For phased projects, the final plan for phases following the first phase shall be accompanied by copies of as-built drawings, not previously submitted, of all existing public improvements for prior phases.
(e) For CSDs, an Open Space Management Plan and any other necessary legal documentation relating to ownership and management of open space.
2. Certification
The application for final plan approval shall be certified complete or incomplete by the Administrative Officer within the timeframe prescribed by R.I.G.L. 45-23-43. The time period may be extended as prescribed in R.I.G.L. 45-23-43 by written notice from the Administrative Officer to the applicant where the final plans contain changes to or elements not included in the preliminary plan approval. The running of the time period set forth herein shall be deemed stopped upon the issuance of a certification of incompleteness of the application by the Administrative Officer and shall recommence upon the resubmission of a corrected application by the applicant. However, in no event shall the Administrative Officer be required to certify a corrected submission as complete or incomplete less than the timeframe prescribed in R.I.G.L. 45-23-43. If the Administrative Officer certifies the application as complete and does not require submission to the Planning Board as per Subsection (3) below, the final plan shall be considered approved.
3. Referral to the Planning Board
After certifying the final plan, the Administrative Officer shall refer the final plans to the Planning Board for review. The Planning Board shall, within the timeframe prescribed in R.I.G.L. 45-23-43, or within such further time as may be consented to by the applicant, approve, approve with modification and/or conditions or deny the final plan as submitted.
4. Failure to act
Failure of the Planning Board to act within the period prescribed shall constitute approval of the final plan and a certificate of the Administrative Officer as to the failure of the Planning Board to act within the required time and the resulting approval shall be issued on request of the applicant.
5. Recording
The final approval of a major subdivision or land development project shall expire after the timeframe prescribed in R.I.G.L. 45-23-43 unless, within that period, the plat or plan shall have been submitted for signature and recorded as specified in Section 905 or, if the applicant has chosen to complete the required improvements in lieu of posting a Guarantee of Performance, within the time requirements outlined in Section 907. The Planning Board may, for good cause shown, extend the period for recording for an additional period.
6. Acceptance of public improvements
Signature and recording, as specified in Section 905, shall constitute the acceptance by the Town of any street or other public improvement or other land intended for dedication. Final plan approval shall not impose any duty upon the Town to maintain or improve those dedicated areas until the Town Council accepts the completed public improvements as constructed in compliance with the final plans.
7. Validity of recorded plans
The approved final plan, once recorded, shall remain valid as the approved plan for the site unless and until an amendment to the plan is approved under the procedure set forth in Section 906, or a new plan is approved by the Planning Board. If construction of the subdivision improvements does not begin within the timeframe prescribed in R.I.G.L. 45-23-43, the developer shall return to the Planning Board to bring the Required Minimum Standards of Design and the Specification for Required Improvements of the approved plans into conformance with any changes which may have been made to these rules and regulations.