State Codes and Statutes

Statutes > Rhode-island > Title-45 > Chapter-45-23 > 45-23-43

SECTION 45-23-43

   § 45-23-43  General provisions – Majorland development and major subdivision – Final plan. – (1) The applicant shall submit to the administrative officer the items requiredby the local regulations for the final plan, as well as all material requiredby the planning board when the application was given preliminary approval.

   (2) Arrangements for completion of the required publicimprovements, including construction schedule and/or financial guarantees.

   (3) Certification by the tax collector that all propertytaxes are current.

   (4) For phased projects, the final plan for phases followingthe first phase, shall be accompanied by copies of as-built drawings notpreviously submitted of all existing public improvements for prior phases.

   (b) Certification. The application for final planapproval shall be certified complete or incomplete by the administrativeofficer in writing, within twenty-five (25) days, according to the provisionsof § 45-23-36(b). This time period may be extended to forty-five (45) daysby written notice from the administrative officer to the applicant where thefinal plans contain changes to or elements not included in the preliminary planapproval. The running of the time period set forth herein shall be deemedstopped upon the issuance of a certificate of incompleteness of the applicationby the administrative officer and shall recommence upon the resubmission of acorrected application by the applicant. However, in no event shall theadministrative officer be required to certify a corrected submission ascomplete or incomplete less than fourteen (14) days after its resubmission. Ifthe administrative officer certifies the application as complete and does notrequire submission to the planning board as per subsection (c) below, the finalplan shall be considered approved.

   (c) Referral to the planning board. If theadministrative officer determines that an application for final approval doesnot meet the requirements set by local regulations or by the planning board atpreliminary approval, the administrative officer shall refer the final plans tothe planning board for review. The planning board shall, within forty-five (45)days after the certification of completeness, or within a further amount oftime that may be consented to by the applicant, approve or deny the final planas submitted.

   (d) Failure to act. Failure of the planning board toact within the prescribed period constitutes approval of the final plan and acertificate of the administrative officer as to the failure of the planningboard to act within the required time and the resulting approval shall beissued on request of the applicant.

   (e) Expiration of approval. The final approval of amajor subdivision or land development project expires one year from the date ofapproval with the right to extend for one year upon written request by theapplicant, who must appear before the planning board for the annual review,unless, within that period, the plat or plan has been submitted for signatureand recording as specified in § 45-23-64. Thereafter, the planning boardmay, for good cause shown, extend the period for recording for an additionalperiod.

   (f) Acceptance of public improvements. Signature andrecording as specified in § 45-23-64 constitute the acceptance by themunicipality of any street or other public improvement or other land intendedfor dedication. Final plan approval shall not impose any duty upon themunicipality to maintain or improve those dedicated areas until the governingbody of the municipality accepts the completed public improvements asconstructed in compliance with the final plans.

   (g) Validity of recorded plans. The approved finalplan, once recorded, remains valid as the approved plan for the site unless anduntil an amendment to the plan is approved under the procedure stated in §45-23-65, or a new plan is approved by the planning board.

State Codes and Statutes

Statutes > Rhode-island > Title-45 > Chapter-45-23 > 45-23-43

SECTION 45-23-43

   § 45-23-43  General provisions – Majorland development and major subdivision – Final plan. – (1) The applicant shall submit to the administrative officer the items requiredby the local regulations for the final plan, as well as all material requiredby the planning board when the application was given preliminary approval.

   (2) Arrangements for completion of the required publicimprovements, including construction schedule and/or financial guarantees.

   (3) Certification by the tax collector that all propertytaxes are current.

   (4) For phased projects, the final plan for phases followingthe first phase, shall be accompanied by copies of as-built drawings notpreviously submitted of all existing public improvements for prior phases.

   (b) Certification. The application for final planapproval shall be certified complete or incomplete by the administrativeofficer in writing, within twenty-five (25) days, according to the provisionsof § 45-23-36(b). This time period may be extended to forty-five (45) daysby written notice from the administrative officer to the applicant where thefinal plans contain changes to or elements not included in the preliminary planapproval. The running of the time period set forth herein shall be deemedstopped upon the issuance of a certificate of incompleteness of the applicationby the administrative officer and shall recommence upon the resubmission of acorrected application by the applicant. However, in no event shall theadministrative officer be required to certify a corrected submission ascomplete or incomplete less than fourteen (14) days after its resubmission. Ifthe administrative officer certifies the application as complete and does notrequire submission to the planning board as per subsection (c) below, the finalplan shall be considered approved.

   (c) Referral to the planning board. If theadministrative officer determines that an application for final approval doesnot meet the requirements set by local regulations or by the planning board atpreliminary approval, the administrative officer shall refer the final plans tothe planning board for review. The planning board shall, within forty-five (45)days after the certification of completeness, or within a further amount oftime that may be consented to by the applicant, approve or deny the final planas submitted.

   (d) Failure to act. Failure of the planning board toact within the prescribed period constitutes approval of the final plan and acertificate of the administrative officer as to the failure of the planningboard to act within the required time and the resulting approval shall beissued on request of the applicant.

   (e) Expiration of approval. The final approval of amajor subdivision or land development project expires one year from the date ofapproval with the right to extend for one year upon written request by theapplicant, who must appear before the planning board for the annual review,unless, within that period, the plat or plan has been submitted for signatureand recording as specified in § 45-23-64. Thereafter, the planning boardmay, for good cause shown, extend the period for recording for an additionalperiod.

   (f) Acceptance of public improvements. Signature andrecording as specified in § 45-23-64 constitute the acceptance by themunicipality of any street or other public improvement or other land intendedfor dedication. Final plan approval shall not impose any duty upon themunicipality to maintain or improve those dedicated areas until the governingbody of the municipality accepts the completed public improvements asconstructed in compliance with the final plans.

   (g) Validity of recorded plans. The approved finalplan, once recorded, remains valid as the approved plan for the site unless anduntil an amendment to the plan is approved under the procedure stated in §45-23-65, or a new plan is approved by the planning board.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-45 > Chapter-45-23 > 45-23-43

SECTION 45-23-43

   § 45-23-43  General provisions – Majorland development and major subdivision – Final plan. – (1) The applicant shall submit to the administrative officer the items requiredby the local regulations for the final plan, as well as all material requiredby the planning board when the application was given preliminary approval.

   (2) Arrangements for completion of the required publicimprovements, including construction schedule and/or financial guarantees.

   (3) Certification by the tax collector that all propertytaxes are current.

   (4) For phased projects, the final plan for phases followingthe first phase, shall be accompanied by copies of as-built drawings notpreviously submitted of all existing public improvements for prior phases.

   (b) Certification. The application for final planapproval shall be certified complete or incomplete by the administrativeofficer in writing, within twenty-five (25) days, according to the provisionsof § 45-23-36(b). This time period may be extended to forty-five (45) daysby written notice from the administrative officer to the applicant where thefinal plans contain changes to or elements not included in the preliminary planapproval. The running of the time period set forth herein shall be deemedstopped upon the issuance of a certificate of incompleteness of the applicationby the administrative officer and shall recommence upon the resubmission of acorrected application by the applicant. However, in no event shall theadministrative officer be required to certify a corrected submission ascomplete or incomplete less than fourteen (14) days after its resubmission. Ifthe administrative officer certifies the application as complete and does notrequire submission to the planning board as per subsection (c) below, the finalplan shall be considered approved.

   (c) Referral to the planning board. If theadministrative officer determines that an application for final approval doesnot meet the requirements set by local regulations or by the planning board atpreliminary approval, the administrative officer shall refer the final plans tothe planning board for review. The planning board shall, within forty-five (45)days after the certification of completeness, or within a further amount oftime that may be consented to by the applicant, approve or deny the final planas submitted.

   (d) Failure to act. Failure of the planning board toact within the prescribed period constitutes approval of the final plan and acertificate of the administrative officer as to the failure of the planningboard to act within the required time and the resulting approval shall beissued on request of the applicant.

   (e) Expiration of approval. The final approval of amajor subdivision or land development project expires one year from the date ofapproval with the right to extend for one year upon written request by theapplicant, who must appear before the planning board for the annual review,unless, within that period, the plat or plan has been submitted for signatureand recording as specified in § 45-23-64. Thereafter, the planning boardmay, for good cause shown, extend the period for recording for an additionalperiod.

   (f) Acceptance of public improvements. Signature andrecording as specified in § 45-23-64 constitute the acceptance by themunicipality of any street or other public improvement or other land intendedfor dedication. Final plan approval shall not impose any duty upon themunicipality to maintain or improve those dedicated areas until the governingbody of the municipality accepts the completed public improvements asconstructed in compliance with the final plans.

   (g) Validity of recorded plans. The approved finalplan, once recorded, remains valid as the approved plan for the site unless anduntil an amendment to the plan is approved under the procedure stated in §45-23-65, or a new plan is approved by the planning board.