§ 45-23-32 Definitions. – Where words or phrases used in this chapter are defined in the definitionssection of either the Rhode Island Comprehensive Planning and Land UseRegulation Act, § 45-22.2-4, or the Rhode Island Zoning Enabling Act of1991, § 45-24-31, they have the meanings stated in those acts. Additionalwords and phrases may be defined in local ordinances, regulations and rulesunder this act. The words and phrases defined in this section, however, shallbe controlling in all local ordinances, regulations, and rules created underthis chapter. See also § 45-23-34. In addition, the following words andphrases have the following meanings:
(1) Administrative officer. The municipal officialdesignated by the local regulations to administer the land development andsubdivision regulations and to coordinate with local boards and commissions,municipal staff and state agencies. The administrative officer may be a memberof, or the chair, of the planning board, or an appointed official of themunicipality. See § 45-23-55.
(2) Administrative subdivision. Re-subdivision ofexisting lots which yields no additional lots for development, and involves nocreation or extension of streets. The re-subdivision only involves divisions,mergers, mergers and division, or adjustments of boundaries of existing lots.
(3) Board of appeal. The local review authority forappeals of actions of the administrative officer and the planning board onmatters of land development or subdivision, which shall be the local zoningboard of review constituted as the board of appeal. See § 45-23-57.
(4) Bond. See improvement guarantee.
(5) Buildable lot. A lot where construction for theuse(s) permitted on the site under the local zoning ordinance is consideredpracticable by the planning board, considering the physical constraints todevelopment of the site as well as the requirements of the pertinent federal,state and local regulations. See § 45-23-60(4).
(6) Certificate of completeness. A notice issued bythe administrative officer informing an applicant that the application iscomplete and meets the requirements of the municipality's regulations, and thatthe applicant may proceed with the approval process.
(7) Concept plan. A drawing with accompanyinginformation showing the basic elements of a proposed land development plan orsubdivision as used for pre-application meetings and early discussions, andclassification of the project within the approval process.
(8) Consistency with the comprehensive plan. Arequirement of all local land use regulations which means that all theseregulations and subsequent actions are in accordance with the public policiesarrived at through detailed study and analysis and adopted by the municipalityas the comprehensive community plan as specified in § 45-22.2-3.
(9) Dedication, fee-in-lieu-of. Payments of cash whichare authorized in the local regulations when requirements for mandatorydedication of land are not met because of physical conditions of the site orother reasons. The conditions under which the payments will be allowed and allformulas for calculating the amount shall be specified in advance in the localregulations. See § 45-23-47.
(10) Development regulation. Zoning, subdivision, landdevelopment plan, development plan review, historic district, official map,flood plain regulation, soil erosion control or any other governmentalregulation of the use and development of land.
(11) Division of land. A subdivision.
(12) Environmental constraints. Natural features,resources, or land characteristics that are sensitive to change and may requireconservation measures or the application of special development techniques toprevent degradation of the site, or may require limited development, or incertain instances, may preclude development. See also physical constraints todevelopment.
(13) Final plan. The final stage of land developmentand subdivision review. See § 45-23-43.
(14) Final plat. The final drawing(s) of all or aportion of a subdivision to be recorded after approval by the planning boardand any accompanying material as described in the community's regulationsand/or required by the planning board.
(15) Floor area, gross. See R.I. State Building Code.
(16) Governing body. The body of the local government,generally the city or town council, having the power to adopt ordinances,accept public dedications, release public improvement guarantees, and collectfees.
(17) Improvement. Any natural or built item whichbecomes part of, is placed upon, or is affixed to, real estate.
(18) Improvement guarantee. A security instrumentaccepted by a municipality to ensure that all improvements, facilities, or workrequired by the land development and subdivision regulations, or required bythe municipality as a condition of approval, will be completed in compliancewith the approved plans and specifications of a development. See §45-23-46.
(19) Local regulations. The land development andsubdivision review regulations adopted under the provisions of this act. Forpurposes of clarification, throughout this act, where reference is made tolocal regulations, it is be understood as the land development and subdivisionreview regulations and all related ordinances and rules properly adoptedpursuant to this chapter.
(20) Maintenance guarantee. Any security instrumentwhich may be required and accepted by a municipality to ensure that necessaryimprovements will function as required for a specific period of time. Seeimprovement guarantee.
(21) Major land development plan. Any land developmentplan not classified as a minor land development plan.
(22) Major subdivision. Any subdivision not classifiedas either an administrative subdivision or a minor subdivision.
(23) Master plan. An overall plan for a proposedproject site outlining general, rather than detailed, development intentions.It describes the basic parameters of a major development proposal, rather thangiving full engineering details. Required in major land development or majorsubdivision review. See § 45-23-40.
(24) Minor land development plan. A development planfor a residential project as defined in local regulations, provided that thedevelopment does not require waivers or modifications as specified in this act.All nonresidential land development projects are considered major landdevelopment plans.
(25) Minor subdivision. A plan for a subdivision ofland consisting of five (5) or fewer units or lots, provided that thesubdivision does not require waivers or modifications as specified in thischapter.
(26) Modification of requirements. See § 45-23-62.
(27) Parcel. A lot, or contiguous group of lots insingle ownership or under single control, and usually considered a unit forpurposes of development. Also referred to as a tract.
(28) Parking area or lot. All that portion of adevelopment that is used by vehicles, the total area used for vehicular access,circulation, parking, loading and unloading.
(29) Permitting authority. The local agency ofgovernment specifically empowered by state enabling law and local ordinance tohear and decide on specific matters pertaining to local land use.
(30) Phased development. Development, usually forlarge-scale projects, where construction of public and/or private improvementsproceeds by sections subsequent to approval of a master plan for the entiresite. See § 45-23-48.
(31) Physical constraints to development.Characteristics of a site or area, either natural or man-made, which presentsignificant difficulties to construction of the uses permitted on that site, orwould require extraordinary construction methods. See also environmentalconstraints.
(32) Planning board. The official planning agency of amunicipality, whether designated as the plan commission, planning commission,plan board, or as otherwise known.
(33) Plat. A drawing or drawings of a land developmentor subdivision plan showing the location, boundaries, and lot lines ofindividual properties, as well as other necessary information as specified inthe local regulations.
(34) Pre-application conference. An initial meetingbetween developers and municipal representatives which affords developers theopportunity to present their proposals informally and to receive comments anddirections from the municipal officials and others. See § 45-23-35.
(35) Preliminary plan. The required stage of landdevelopment and subdivision review which requires detailed engineered drawingsand all required state and federal permits. See § 45-23-41.
(36) Public improvement. Any street or other roadway,sidewalk, pedestrian way, tree, lawn, off-street parking area, drainagefeature, or other facility for which the local government or other governmentalentity either is presently responsible, or will ultimately assume theresponsibility for maintenance and operation upon municipal acceptance.
(37) Public informational meeting. A meeting of theplanning board or governing body preceded by a notice, open to the public andat which the public is heard.
(38) Re-subdivision. Any change of an approved orrecorded subdivision plat or in a lot recorded in the municipal land evidencerecords, or that affects the lot lines of any areas reserved for public use, orthat affects any map or plan legally recorded prior to the adoption of thelocal land development and subdivision regulations. For the purposes of thisact any action constitutes a subdivision.
(39) Storm water detention. A provision for storage ofstorm water runoff and the controlled release of the runoff during and after aflood or storm.
(40) Storm water retention. A provision for storage ofstorm water runoff.
(41) Street. A public or private thoroughfare used, orintended to be used, for passage or travel by motor vehicles. Streets arefurther classified by the functions they perform. See street classification.
(42) Street, access to. An adequate and permanent wayof entering a lot. All lots of record shall have access to a public street forall vehicles normally associated with the uses permitted for that lot.
(43) Street, alley. A public or private thoroughfareprimarily designed to serve as secondary access to the side or rear of thoseproperties whose principal frontage is on some other street.
(44) Street, cul-de-sac. A local street with only oneoutlet and having an appropriate vehicular turnaround, either temporary orpermanent, at the closed end.
(45) Street, limited access highway. A freeway orexpressway providing for through traffic. Owners or occupants of abuttingproperty on lands and other persons have no legal right to access, except atthe points and in the manner as may be determined by the public authorityhaving jurisdiction over the highway.
(46) Street, private. A thoroughfare established as aseparate tract for the benefit of multiple, adjacent properties and meetingspecific, municipal improvement standards. This definition does not apply todriveways.
(47) Street, public. All public property reserved ordedicated for street traffic.
(48) Street, stub. A portion of a street reserved toprovide access to future development, which may provide for utility connections.
(49) Street classification. A method of roadwayorganization which identifies a street hierarchy according to function within aroad system, that is, types of vehicles served and anticipated volumes, for thepurposes of promoting safety, efficient land use and the design character ofneighborhoods and districts. Local classifications use the following as majorcategories:
(a) Arterial. A major street that serves as an avenuefor the circulation of traffic into, out of, or around the municipality andcarries high volumes of traffic.
(b) Collector. A street whose principal function is tocarry traffic between local streets and arterial streets but that may alsoprovide direct access to abutting properties.
(c) Local. Streets whose primary function is toprovide access to abutting properties.
(50) Subdivider. Any person who (1) having an interestin land, causes it, directly or indirectly, to be divided into a subdivision orwho (2) directly or indirectly sells, leases, or develops, or offers to sell,lease, or develop, or advertises to sell, lease, or develop, any interest, lot,parcel, site, unit, or plat in a subdivision, or who (3) engages directly orthrough an agent in the business of selling, leasing, developing, or offeringfor sale, lease, or development a subdivision or any interest, lot, parcel,site, unit, or plat in a subdivision.
(51) Subdivision. The division or re-division, of alot, tract or parcel of land into two or more lots, tracts, or parcels. Anyadjustment to existing lot lines of a recorded lot by any means is considered asubdivision. All re-subdivision activity is considered a subdivision. Thedivision of property for purposes of financing constitutes a subdivision.
(52) Technical review committee. A committee appointedby the planning board for the purpose of reviewing, commenting, and makingrecommendations to the planning board with respect to approval of landdevelopment and subdivision applications.
(53) Temporary improvement. Improvements built andmaintained by a developer during construction of a development project andprior to release of the improvement guarantee, but not intended to be permanent.
(54) Vested rights. The right to initiate or continuethe development of an approved project for a specified period of time, underthe regulations that were in effect at the time of approval, even if, after theapproval, the regulations change prior to the completion of the project.
§ 45-23-32 Definitions. – Where words or phrases used in this chapter are defined in the definitionssection of either the Rhode Island Comprehensive Planning and Land UseRegulation Act, § 45-22.2-4, or the Rhode Island Zoning Enabling Act of1991, § 45-24-31, they have the meanings stated in those acts. Additionalwords and phrases may be defined in local ordinances, regulations and rulesunder this act. The words and phrases defined in this section, however, shallbe controlling in all local ordinances, regulations, and rules created underthis chapter. See also § 45-23-34. In addition, the following words andphrases have the following meanings:
(1) Administrative officer. The municipal officialdesignated by the local regulations to administer the land development andsubdivision regulations and to coordinate with local boards and commissions,municipal staff and state agencies. The administrative officer may be a memberof, or the chair, of the planning board, or an appointed official of themunicipality. See § 45-23-55.
(2) Administrative subdivision. Re-subdivision ofexisting lots which yields no additional lots for development, and involves nocreation or extension of streets. The re-subdivision only involves divisions,mergers, mergers and division, or adjustments of boundaries of existing lots.
(3) Board of appeal. The local review authority forappeals of actions of the administrative officer and the planning board onmatters of land development or subdivision, which shall be the local zoningboard of review constituted as the board of appeal. See § 45-23-57.
(4) Bond. See improvement guarantee.
(5) Buildable lot. A lot where construction for theuse(s) permitted on the site under the local zoning ordinance is consideredpracticable by the planning board, considering the physical constraints todevelopment of the site as well as the requirements of the pertinent federal,state and local regulations. See § 45-23-60(4).
(6) Certificate of completeness. A notice issued bythe administrative officer informing an applicant that the application iscomplete and meets the requirements of the municipality's regulations, and thatthe applicant may proceed with the approval process.
(7) Concept plan. A drawing with accompanyinginformation showing the basic elements of a proposed land development plan orsubdivision as used for pre-application meetings and early discussions, andclassification of the project within the approval process.
(8) Consistency with the comprehensive plan. Arequirement of all local land use regulations which means that all theseregulations and subsequent actions are in accordance with the public policiesarrived at through detailed study and analysis and adopted by the municipalityas the comprehensive community plan as specified in § 45-22.2-3.
(9) Dedication, fee-in-lieu-of. Payments of cash whichare authorized in the local regulations when requirements for mandatorydedication of land are not met because of physical conditions of the site orother reasons. The conditions under which the payments will be allowed and allformulas for calculating the amount shall be specified in advance in the localregulations. See § 45-23-47.
(10) Development regulation. Zoning, subdivision, landdevelopment plan, development plan review, historic district, official map,flood plain regulation, soil erosion control or any other governmentalregulation of the use and development of land.
(11) Division of land. A subdivision.
(12) Environmental constraints. Natural features,resources, or land characteristics that are sensitive to change and may requireconservation measures or the application of special development techniques toprevent degradation of the site, or may require limited development, or incertain instances, may preclude development. See also physical constraints todevelopment.
(13) Final plan. The final stage of land developmentand subdivision review. See § 45-23-43.
(14) Final plat. The final drawing(s) of all or aportion of a subdivision to be recorded after approval by the planning boardand any accompanying material as described in the community's regulationsand/or required by the planning board.
(15) Floor area, gross. See R.I. State Building Code.
(16) Governing body. The body of the local government,generally the city or town council, having the power to adopt ordinances,accept public dedications, release public improvement guarantees, and collectfees.
(17) Improvement. Any natural or built item whichbecomes part of, is placed upon, or is affixed to, real estate.
(18) Improvement guarantee. A security instrumentaccepted by a municipality to ensure that all improvements, facilities, or workrequired by the land development and subdivision regulations, or required bythe municipality as a condition of approval, will be completed in compliancewith the approved plans and specifications of a development. See §45-23-46.
(19) Local regulations. The land development andsubdivision review regulations adopted under the provisions of this act. Forpurposes of clarification, throughout this act, where reference is made tolocal regulations, it is be understood as the land development and subdivisionreview regulations and all related ordinances and rules properly adoptedpursuant to this chapter.
(20) Maintenance guarantee. Any security instrumentwhich may be required and accepted by a municipality to ensure that necessaryimprovements will function as required for a specific period of time. Seeimprovement guarantee.
(21) Major land development plan. Any land developmentplan not classified as a minor land development plan.
(22) Major subdivision. Any subdivision not classifiedas either an administrative subdivision or a minor subdivision.
(23) Master plan. An overall plan for a proposedproject site outlining general, rather than detailed, development intentions.It describes the basic parameters of a major development proposal, rather thangiving full engineering details. Required in major land development or majorsubdivision review. See § 45-23-40.
(24) Minor land development plan. A development planfor a residential project as defined in local regulations, provided that thedevelopment does not require waivers or modifications as specified in this act.All nonresidential land development projects are considered major landdevelopment plans.
(25) Minor subdivision. A plan for a subdivision ofland consisting of five (5) or fewer units or lots, provided that thesubdivision does not require waivers or modifications as specified in thischapter.
(26) Modification of requirements. See § 45-23-62.
(27) Parcel. A lot, or contiguous group of lots insingle ownership or under single control, and usually considered a unit forpurposes of development. Also referred to as a tract.
(28) Parking area or lot. All that portion of adevelopment that is used by vehicles, the total area used for vehicular access,circulation, parking, loading and unloading.
(29) Permitting authority. The local agency ofgovernment specifically empowered by state enabling law and local ordinance tohear and decide on specific matters pertaining to local land use.
(30) Phased development. Development, usually forlarge-scale projects, where construction of public and/or private improvementsproceeds by sections subsequent to approval of a master plan for the entiresite. See § 45-23-48.
(31) Physical constraints to development.Characteristics of a site or area, either natural or man-made, which presentsignificant difficulties to construction of the uses permitted on that site, orwould require extraordinary construction methods. See also environmentalconstraints.
(32) Planning board. The official planning agency of amunicipality, whether designated as the plan commission, planning commission,plan board, or as otherwise known.
(33) Plat. A drawing or drawings of a land developmentor subdivision plan showing the location, boundaries, and lot lines ofindividual properties, as well as other necessary information as specified inthe local regulations.
(34) Pre-application conference. An initial meetingbetween developers and municipal representatives which affords developers theopportunity to present their proposals informally and to receive comments anddirections from the municipal officials and others. See § 45-23-35.
(35) Preliminary plan. The required stage of landdevelopment and subdivision review which requires detailed engineered drawingsand all required state and federal permits. See § 45-23-41.
(36) Public improvement. Any street or other roadway,sidewalk, pedestrian way, tree, lawn, off-street parking area, drainagefeature, or other facility for which the local government or other governmentalentity either is presently responsible, or will ultimately assume theresponsibility for maintenance and operation upon municipal acceptance.
(37) Public informational meeting. A meeting of theplanning board or governing body preceded by a notice, open to the public andat which the public is heard.
(38) Re-subdivision. Any change of an approved orrecorded subdivision plat or in a lot recorded in the municipal land evidencerecords, or that affects the lot lines of any areas reserved for public use, orthat affects any map or plan legally recorded prior to the adoption of thelocal land development and subdivision regulations. For the purposes of thisact any action constitutes a subdivision.
(39) Storm water detention. A provision for storage ofstorm water runoff and the controlled release of the runoff during and after aflood or storm.
(40) Storm water retention. A provision for storage ofstorm water runoff.
(41) Street. A public or private thoroughfare used, orintended to be used, for passage or travel by motor vehicles. Streets arefurther classified by the functions they perform. See street classification.
(42) Street, access to. An adequate and permanent wayof entering a lot. All lots of record shall have access to a public street forall vehicles normally associated with the uses permitted for that lot.
(43) Street, alley. A public or private thoroughfareprimarily designed to serve as secondary access to the side or rear of thoseproperties whose principal frontage is on some other street.
(44) Street, cul-de-sac. A local street with only oneoutlet and having an appropriate vehicular turnaround, either temporary orpermanent, at the closed end.
(45) Street, limited access highway. A freeway orexpressway providing for through traffic. Owners or occupants of abuttingproperty on lands and other persons have no legal right to access, except atthe points and in the manner as may be determined by the public authorityhaving jurisdiction over the highway.
(46) Street, private. A thoroughfare established as aseparate tract for the benefit of multiple, adjacent properties and meetingspecific, municipal improvement standards. This definition does not apply todriveways.
(47) Street, public. All public property reserved ordedicated for street traffic.
(48) Street, stub. A portion of a street reserved toprovide access to future development, which may provide for utility connections.
(49) Street classification. A method of roadwayorganization which identifies a street hierarchy according to function within aroad system, that is, types of vehicles served and anticipated volumes, for thepurposes of promoting safety, efficient land use and the design character ofneighborhoods and districts. Local classifications use the following as majorcategories:
(a) Arterial. A major street that serves as an avenuefor the circulation of traffic into, out of, or around the municipality andcarries high volumes of traffic.
(b) Collector. A street whose principal function is tocarry traffic between local streets and arterial streets but that may alsoprovide direct access to abutting properties.
(c) Local. Streets whose primary function is toprovide access to abutting properties.
(50) Subdivider. Any person who (1) having an interestin land, causes it, directly or indirectly, to be divided into a subdivision orwho (2) directly or indirectly sells, leases, or develops, or offers to sell,lease, or develop, or advertises to sell, lease, or develop, any interest, lot,parcel, site, unit, or plat in a subdivision, or who (3) engages directly orthrough an agent in the business of selling, leasing, developing, or offeringfor sale, lease, or development a subdivision or any interest, lot, parcel,site, unit, or plat in a subdivision.
(51) Subdivision. The division or re-division, of alot, tract or parcel of land into two or more lots, tracts, or parcels. Anyadjustment to existing lot lines of a recorded lot by any means is considered asubdivision. All re-subdivision activity is considered a subdivision. Thedivision of property for purposes of financing constitutes a subdivision.
(52) Technical review committee. A committee appointedby the planning board for the purpose of reviewing, commenting, and makingrecommendations to the planning board with respect to approval of landdevelopment and subdivision applications.
(53) Temporary improvement. Improvements built andmaintained by a developer during construction of a development project andprior to release of the improvement guarantee, but not intended to be permanent.
(54) Vested rights. The right to initiate or continuethe development of an approved project for a specified period of time, underthe regulations that were in effect at the time of approval, even if, after theapproval, the regulations change prior to the completion of the project.
§ 45-23-32 Definitions. – Where words or phrases used in this chapter are defined in the definitionssection of either the Rhode Island Comprehensive Planning and Land UseRegulation Act, § 45-22.2-4, or the Rhode Island Zoning Enabling Act of1991, § 45-24-31, they have the meanings stated in those acts. Additionalwords and phrases may be defined in local ordinances, regulations and rulesunder this act. The words and phrases defined in this section, however, shallbe controlling in all local ordinances, regulations, and rules created underthis chapter. See also § 45-23-34. In addition, the following words andphrases have the following meanings:
(1) Administrative officer. The municipal officialdesignated by the local regulations to administer the land development andsubdivision regulations and to coordinate with local boards and commissions,municipal staff and state agencies. The administrative officer may be a memberof, or the chair, of the planning board, or an appointed official of themunicipality. See § 45-23-55.
(2) Administrative subdivision. Re-subdivision ofexisting lots which yields no additional lots for development, and involves nocreation or extension of streets. The re-subdivision only involves divisions,mergers, mergers and division, or adjustments of boundaries of existing lots.
(3) Board of appeal. The local review authority forappeals of actions of the administrative officer and the planning board onmatters of land development or subdivision, which shall be the local zoningboard of review constituted as the board of appeal. See § 45-23-57.
(4) Bond. See improvement guarantee.
(5) Buildable lot. A lot where construction for theuse(s) permitted on the site under the local zoning ordinance is consideredpracticable by the planning board, considering the physical constraints todevelopment of the site as well as the requirements of the pertinent federal,state and local regulations. See § 45-23-60(4).
(6) Certificate of completeness. A notice issued bythe administrative officer informing an applicant that the application iscomplete and meets the requirements of the municipality's regulations, and thatthe applicant may proceed with the approval process.
(7) Concept plan. A drawing with accompanyinginformation showing the basic elements of a proposed land development plan orsubdivision as used for pre-application meetings and early discussions, andclassification of the project within the approval process.
(8) Consistency with the comprehensive plan. Arequirement of all local land use regulations which means that all theseregulations and subsequent actions are in accordance with the public policiesarrived at through detailed study and analysis and adopted by the municipalityas the comprehensive community plan as specified in § 45-22.2-3.
(9) Dedication, fee-in-lieu-of. Payments of cash whichare authorized in the local regulations when requirements for mandatorydedication of land are not met because of physical conditions of the site orother reasons. The conditions under which the payments will be allowed and allformulas for calculating the amount shall be specified in advance in the localregulations. See § 45-23-47.
(10) Development regulation. Zoning, subdivision, landdevelopment plan, development plan review, historic district, official map,flood plain regulation, soil erosion control or any other governmentalregulation of the use and development of land.
(11) Division of land. A subdivision.
(12) Environmental constraints. Natural features,resources, or land characteristics that are sensitive to change and may requireconservation measures or the application of special development techniques toprevent degradation of the site, or may require limited development, or incertain instances, may preclude development. See also physical constraints todevelopment.
(13) Final plan. The final stage of land developmentand subdivision review. See § 45-23-43.
(14) Final plat. The final drawing(s) of all or aportion of a subdivision to be recorded after approval by the planning boardand any accompanying material as described in the community's regulationsand/or required by the planning board.
(15) Floor area, gross. See R.I. State Building Code.
(16) Governing body. The body of the local government,generally the city or town council, having the power to adopt ordinances,accept public dedications, release public improvement guarantees, and collectfees.
(17) Improvement. Any natural or built item whichbecomes part of, is placed upon, or is affixed to, real estate.
(18) Improvement guarantee. A security instrumentaccepted by a municipality to ensure that all improvements, facilities, or workrequired by the land development and subdivision regulations, or required bythe municipality as a condition of approval, will be completed in compliancewith the approved plans and specifications of a development. See §45-23-46.
(19) Local regulations. The land development andsubdivision review regulations adopted under the provisions of this act. Forpurposes of clarification, throughout this act, where reference is made tolocal regulations, it is be understood as the land development and subdivisionreview regulations and all related ordinances and rules properly adoptedpursuant to this chapter.
(20) Maintenance guarantee. Any security instrumentwhich may be required and accepted by a municipality to ensure that necessaryimprovements will function as required for a specific period of time. Seeimprovement guarantee.
(21) Major land development plan. Any land developmentplan not classified as a minor land development plan.
(22) Major subdivision. Any subdivision not classifiedas either an administrative subdivision or a minor subdivision.
(23) Master plan. An overall plan for a proposedproject site outlining general, rather than detailed, development intentions.It describes the basic parameters of a major development proposal, rather thangiving full engineering details. Required in major land development or majorsubdivision review. See § 45-23-40.
(24) Minor land development plan. A development planfor a residential project as defined in local regulations, provided that thedevelopment does not require waivers or modifications as specified in this act.All nonresidential land development projects are considered major landdevelopment plans.
(25) Minor subdivision. A plan for a subdivision ofland consisting of five (5) or fewer units or lots, provided that thesubdivision does not require waivers or modifications as specified in thischapter.
(26) Modification of requirements. See § 45-23-62.
(27) Parcel. A lot, or contiguous group of lots insingle ownership or under single control, and usually considered a unit forpurposes of development. Also referred to as a tract.
(28) Parking area or lot. All that portion of adevelopment that is used by vehicles, the total area used for vehicular access,circulation, parking, loading and unloading.
(29) Permitting authority. The local agency ofgovernment specifically empowered by state enabling law and local ordinance tohear and decide on specific matters pertaining to local land use.
(30) Phased development. Development, usually forlarge-scale projects, where construction of public and/or private improvementsproceeds by sections subsequent to approval of a master plan for the entiresite. See § 45-23-48.
(31) Physical constraints to development.Characteristics of a site or area, either natural or man-made, which presentsignificant difficulties to construction of the uses permitted on that site, orwould require extraordinary construction methods. See also environmentalconstraints.
(32) Planning board. The official planning agency of amunicipality, whether designated as the plan commission, planning commission,plan board, or as otherwise known.
(33) Plat. A drawing or drawings of a land developmentor subdivision plan showing the location, boundaries, and lot lines ofindividual properties, as well as other necessary information as specified inthe local regulations.
(34) Pre-application conference. An initial meetingbetween developers and municipal representatives which affords developers theopportunity to present their proposals informally and to receive comments anddirections from the municipal officials and others. See § 45-23-35.
(35) Preliminary plan. The required stage of landdevelopment and subdivision review which requires detailed engineered drawingsand all required state and federal permits. See § 45-23-41.
(36) Public improvement. Any street or other roadway,sidewalk, pedestrian way, tree, lawn, off-street parking area, drainagefeature, or other facility for which the local government or other governmentalentity either is presently responsible, or will ultimately assume theresponsibility for maintenance and operation upon municipal acceptance.
(37) Public informational meeting. A meeting of theplanning board or governing body preceded by a notice, open to the public andat which the public is heard.
(38) Re-subdivision. Any change of an approved orrecorded subdivision plat or in a lot recorded in the municipal land evidencerecords, or that affects the lot lines of any areas reserved for public use, orthat affects any map or plan legally recorded prior to the adoption of thelocal land development and subdivision regulations. For the purposes of thisact any action constitutes a subdivision.
(39) Storm water detention. A provision for storage ofstorm water runoff and the controlled release of the runoff during and after aflood or storm.
(40) Storm water retention. A provision for storage ofstorm water runoff.
(41) Street. A public or private thoroughfare used, orintended to be used, for passage or travel by motor vehicles. Streets arefurther classified by the functions they perform. See street classification.
(42) Street, access to. An adequate and permanent wayof entering a lot. All lots of record shall have access to a public street forall vehicles normally associated with the uses permitted for that lot.
(43) Street, alley. A public or private thoroughfareprimarily designed to serve as secondary access to the side or rear of thoseproperties whose principal frontage is on some other street.
(44) Street, cul-de-sac. A local street with only oneoutlet and having an appropriate vehicular turnaround, either temporary orpermanent, at the closed end.
(45) Street, limited access highway. A freeway orexpressway providing for through traffic. Owners or occupants of abuttingproperty on lands and other persons have no legal right to access, except atthe points and in the manner as may be determined by the public authorityhaving jurisdiction over the highway.
(46) Street, private. A thoroughfare established as aseparate tract for the benefit of multiple, adjacent properties and meetingspecific, municipal improvement standards. This definition does not apply todriveways.
(47) Street, public. All public property reserved ordedicated for street traffic.
(48) Street, stub. A portion of a street reserved toprovide access to future development, which may provide for utility connections.
(49) Street classification. A method of roadwayorganization which identifies a street hierarchy according to function within aroad system, that is, types of vehicles served and anticipated volumes, for thepurposes of promoting safety, efficient land use and the design character ofneighborhoods and districts. Local classifications use the following as majorcategories:
(a) Arterial. A major street that serves as an avenuefor the circulation of traffic into, out of, or around the municipality andcarries high volumes of traffic.
(b) Collector. A street whose principal function is tocarry traffic between local streets and arterial streets but that may alsoprovide direct access to abutting properties.
(c) Local. Streets whose primary function is toprovide access to abutting properties.
(50) Subdivider. Any person who (1) having an interestin land, causes it, directly or indirectly, to be divided into a subdivision orwho (2) directly or indirectly sells, leases, or develops, or offers to sell,lease, or develop, or advertises to sell, lease, or develop, any interest, lot,parcel, site, unit, or plat in a subdivision, or who (3) engages directly orthrough an agent in the business of selling, leasing, developing, or offeringfor sale, lease, or development a subdivision or any interest, lot, parcel,site, unit, or plat in a subdivision.
(51) Subdivision. The division or re-division, of alot, tract or parcel of land into two or more lots, tracts, or parcels. Anyadjustment to existing lot lines of a recorded lot by any means is considered asubdivision. All re-subdivision activity is considered a subdivision. Thedivision of property for purposes of financing constitutes a subdivision.
(52) Technical review committee. A committee appointedby the planning board for the purpose of reviewing, commenting, and makingrecommendations to the planning board with respect to approval of landdevelopment and subdivision applications.
(53) Temporary improvement. Improvements built andmaintained by a developer during construction of a development project andprior to release of the improvement guarantee, but not intended to be permanent.
(54) Vested rights. The right to initiate or continuethe development of an approved project for a specified period of time, underthe regulations that were in effect at the time of approval, even if, after theapproval, the regulations change prior to the completion of the project.
