§ 45-23-41 General provisions – Majorland development and major subdivision – Preliminary plan. – (1) The applicant shall first submit to the administrative officer the itemsrequired by the local regulations for preliminary plans.
(2) Requirements for the preliminary plan and supportingmaterials for this phase of the review include, but are not limited to:engineering plans depicting the existing site conditions, engineering plansdepicting the proposed development project, a perimeter survey, all permitsrequired by state or federal agencies prior to commencement of construction,including permits related to freshwater wetlands, the coastal zone,floodplains, preliminary suitability for individual septic disposal systems,public water systems, and connections to state roads.
(3) At the preliminary plan review phase, the administrativeofficer shall solicit final written comments and/or approvals of the departmentof public works, the city or town engineer, the city or town solicitor, otherlocal government departments, commissions, or authorities as appropriate.
(4) Prior to approval of the preliminary plan, copies of alllegal documents describing the property, proposed easements and rights-of-way.
(b) Certification. The application will be certifiedas complete or incomplete by the administrative officer within sixty (60) days,according to the provisions of § 45-23-36(b). The running of the timeperiod set forth herein will be deemed stopped upon the issuance of acertificate of incompleteness of the application by the administrative officerand will recommence upon the resubmission of a corrected application by theapplicant. However, in no event shall the administrative officer be required tocertify a corrected submission as complete or incomplete less than fourteen(14) days after its resubmission.
(c) Technical review committee. The technical reviewcommittee, if established, shall review the application and shall comment andmake recommendations to the planning board.
(d) Public hearing. Prior to a planning board decisionon the preliminary plan, a public hearing, which adheres to the requirementsfor notice described in § 45-23-42, must be held.
(e) Public improvement guarantees. Proposedarrangements for completion of the required public improvements, includingconstruction schedule and/or financial guarantees shall be reviewed andapproved by the planning board at preliminary plan approval.
(f) Decision. A complete application for a majorsubdivision or development plan shall be approved, approved with conditions ordenied, in accordance with the requirements of §§ 45-23-60 and45-23-63, within one hundred twenty (120) days of the date when it is certifiedcomplete, or within a further amount of time that may be consented to by thedeveloper.
(g) Failure to act. Failure of the planning board toact within the prescribed period constitutes approval of the preliminary planand a certificate of the administrative officer as to the failure of theplanning board to act within the required time and the resulting approval shallbe issued on request of the applicant.
(h) Vesting. The approved preliminary plan is vestedfor a period of two (2) years with the right to extend for two (2) one yearextensions upon written request by the applicant, who must appear before theplanning board for each annual review and provide proof of valid state orfederal permits as applicable. Thereafter, vesting may be extended for a longerperiod, for good cause shown, if requested, in writing by the applicant, andapproved by the planning board. The vesting for the preliminary plan approvalincludes all general and specific conditions shown on the approved preliminaryplan drawings and supporting material.
§ 45-23-41 General provisions – Majorland development and major subdivision – Preliminary plan. – (1) The applicant shall first submit to the administrative officer the itemsrequired by the local regulations for preliminary plans.
(2) Requirements for the preliminary plan and supportingmaterials for this phase of the review include, but are not limited to:engineering plans depicting the existing site conditions, engineering plansdepicting the proposed development project, a perimeter survey, all permitsrequired by state or federal agencies prior to commencement of construction,including permits related to freshwater wetlands, the coastal zone,floodplains, preliminary suitability for individual septic disposal systems,public water systems, and connections to state roads.
(3) At the preliminary plan review phase, the administrativeofficer shall solicit final written comments and/or approvals of the departmentof public works, the city or town engineer, the city or town solicitor, otherlocal government departments, commissions, or authorities as appropriate.
(4) Prior to approval of the preliminary plan, copies of alllegal documents describing the property, proposed easements and rights-of-way.
(b) Certification. The application will be certifiedas complete or incomplete by the administrative officer within sixty (60) days,according to the provisions of § 45-23-36(b). The running of the timeperiod set forth herein will be deemed stopped upon the issuance of acertificate of incompleteness of the application by the administrative officerand will recommence upon the resubmission of a corrected application by theapplicant. However, in no event shall the administrative officer be required tocertify a corrected submission as complete or incomplete less than fourteen(14) days after its resubmission.
(c) Technical review committee. The technical reviewcommittee, if established, shall review the application and shall comment andmake recommendations to the planning board.
(d) Public hearing. Prior to a planning board decisionon the preliminary plan, a public hearing, which adheres to the requirementsfor notice described in § 45-23-42, must be held.
(e) Public improvement guarantees. Proposedarrangements for completion of the required public improvements, includingconstruction schedule and/or financial guarantees shall be reviewed andapproved by the planning board at preliminary plan approval.
(f) Decision. A complete application for a majorsubdivision or development plan shall be approved, approved with conditions ordenied, in accordance with the requirements of §§ 45-23-60 and45-23-63, within one hundred twenty (120) days of the date when it is certifiedcomplete, or within a further amount of time that may be consented to by thedeveloper.
(g) Failure to act. Failure of the planning board toact within the prescribed period constitutes approval of the preliminary planand a certificate of the administrative officer as to the failure of theplanning board to act within the required time and the resulting approval shallbe issued on request of the applicant.
(h) Vesting. The approved preliminary plan is vestedfor a period of two (2) years with the right to extend for two (2) one yearextensions upon written request by the applicant, who must appear before theplanning board for each annual review and provide proof of valid state orfederal permits as applicable. Thereafter, vesting may be extended for a longerperiod, for good cause shown, if requested, in writing by the applicant, andapproved by the planning board. The vesting for the preliminary plan approvalincludes all general and specific conditions shown on the approved preliminaryplan drawings and supporting material.
§ 45-23-41 General provisions – Majorland development and major subdivision – Preliminary plan. – (1) The applicant shall first submit to the administrative officer the itemsrequired by the local regulations for preliminary plans.
(2) Requirements for the preliminary plan and supportingmaterials for this phase of the review include, but are not limited to:engineering plans depicting the existing site conditions, engineering plansdepicting the proposed development project, a perimeter survey, all permitsrequired by state or federal agencies prior to commencement of construction,including permits related to freshwater wetlands, the coastal zone,floodplains, preliminary suitability for individual septic disposal systems,public water systems, and connections to state roads.
(3) At the preliminary plan review phase, the administrativeofficer shall solicit final written comments and/or approvals of the departmentof public works, the city or town engineer, the city or town solicitor, otherlocal government departments, commissions, or authorities as appropriate.
(4) Prior to approval of the preliminary plan, copies of alllegal documents describing the property, proposed easements and rights-of-way.
(b) Certification. The application will be certifiedas complete or incomplete by the administrative officer within sixty (60) days,according to the provisions of § 45-23-36(b). The running of the timeperiod set forth herein will be deemed stopped upon the issuance of acertificate of incompleteness of the application by the administrative officerand will recommence upon the resubmission of a corrected application by theapplicant. However, in no event shall the administrative officer be required tocertify a corrected submission as complete or incomplete less than fourteen(14) days after its resubmission.
(c) Technical review committee. The technical reviewcommittee, if established, shall review the application and shall comment andmake recommendations to the planning board.
(d) Public hearing. Prior to a planning board decisionon the preliminary plan, a public hearing, which adheres to the requirementsfor notice described in § 45-23-42, must be held.
(e) Public improvement guarantees. Proposedarrangements for completion of the required public improvements, includingconstruction schedule and/or financial guarantees shall be reviewed andapproved by the planning board at preliminary plan approval.
(f) Decision. A complete application for a majorsubdivision or development plan shall be approved, approved with conditions ordenied, in accordance with the requirements of §§ 45-23-60 and45-23-63, within one hundred twenty (120) days of the date when it is certifiedcomplete, or within a further amount of time that may be consented to by thedeveloper.
(g) Failure to act. Failure of the planning board toact within the prescribed period constitutes approval of the preliminary planand a certificate of the administrative officer as to the failure of theplanning board to act within the required time and the resulting approval shallbe issued on request of the applicant.
(h) Vesting. The approved preliminary plan is vestedfor a period of two (2) years with the right to extend for two (2) one yearextensions upon written request by the applicant, who must appear before theplanning board for each annual review and provide proof of valid state orfederal permits as applicable. Thereafter, vesting may be extended for a longerperiod, for good cause shown, if requested, in writing by the applicant, andapproved by the planning board. The vesting for the preliminary plan approvalincludes all general and specific conditions shown on the approved preliminaryplan drawings and supporting material.
