§ 45-23-38 - General provisions – Minor land development and minor subdivision review.
SECTION 45-23-38
§ 45-23-38 General provisions – Minorland 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 isinvolved, a public hearing is required. The planning board may combine theapproval stages, providing requirements for both stages are met by theapplicant to the satisfaction of the planning officials.
(b) Submission requirements. Any applicant requestingapproval of a proposed minor subdivision or minor land development, as definedin this chapter, shall submit to the administrative officer the items requiredby the local regulations.
(c) Certification. The application shall be certified,in writing, complete or incomplete by the administrative officer withintwenty-five (25) days or within fifteen (15) days if no street creation orextension is required, according to the provisions of § 45-23-36(b). Therunning of the time period set forth in this section will be deemed stoppedupon the issuance of a certificate of incompleteness of the application by theadministrative officer and will recommence upon the resubmission of a correctedapplication by the applicant. However, in no event will the administrativeofficer be required to certify a corrected submission as complete or incompleteless than fourteen (14) days after its resubmission.
(d) Technical review committee. The technical reviewcommittee, if established, will review the application and will comment andmake recommendations to the planning board. The application will be referred tothe planning board as a whole if there is no technical review committee. Whenreviewed by a technical review committee:
(1) If the land development or subdivision plan is approvedby a majority of the committee members, the application is forwarded to theplanning board with a recommendation for preliminary plan approval withoutfurther review.
(2) If the plan is not approved by a majority vote of thecommittee members, the minor land development and subdivision application isreferred to the planning board.
(e) Re-assignment to major review. The planning boardmay re-assign a proposed minor project to major review only when the planningboard is unable to make the positive findings required in § 45-23-60.
(f) Decision. If no street creation or extension isrequired, the planning board will approve, deny, or approve with conditions,the preliminary plan within sixty-five (65) days of certification ofcompleteness, or within any further time that is agreed to by the applicant andthe board, according to the requirements of § 45-23-63. If a streetextension or creation is required, the planning board will hold a publichearing prior to approval according to the requirements in § 45-23-42 andwill approve, deny, or approve with conditions, the preliminary plan withinninety-five (95) days of certification of completeness, or within any specifiedtime that is agreed to by the applicant and the board, according to therequirements of § 45-23-63.
(g) Failure to act. Failure of the planning board toact within the period prescribed 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 willbe issued on request of the application.
(h) Final plan. The planning board may delegate finalplan review and approval to either the administrative officer or the technicalreview committee. The officer or committee will report its actions, in writingto the planning board at its next regular meeting, to be made part of therecord.
(i) Expiration of approval. Approval of a minor landdevelopment or subdivision plan expires ninety (90) days from the date ofapproval unless within that period a plat or plan, in conformity with approval,and as defined in this act, is submitted for signature and recording asspecified in § 45-23-64. Validity may be extended for a longer period, forcause shown, if requested by the application in writing, and approved by theplanning board.