§ 45-23-65 - Procedure – Changes to recorded plats and plans.
SECTION 45-23-65
§ 45-23-65 Procedure – Changes torecorded plats and plans. – (a) For all changes to the approved plans of land development projects orsubdivisions subject to this act, an amendment of the final development plansis required prior to the issuance of any building permits. Any changes approvedin the final plan shall be recorded as amendments to the final plan inaccordance with the procedure established for recording of plats in §45-23-64.
(b) Minor changes, as defined in the local regulations, to aland development or subdivision plan may be approved administratively, by theadministrative officer, whereupon a permit may be issued. The changes may beauthorized without additional public hearings, at the discretion of theadministrative officer. All changes shall be made part of the permanent recordof the project application. This provision does not prohibit the administrativeofficer from requesting a recommendation from either the technical reviewcommittee or the planning board. Denial of the proposed change(s) shall bereferred to the planning board for review as a major change.
(c) Major changes, as defined in the local regulations, to aland development or subdivision plan may be approved, only by the planningboard and must follow the same review and public hearing process required forapproval of preliminary plans as described in § 45-23-41.
(d) Rescission procedure. The planning board, onlyupon application by all landowners of the plat to be affected, may determinethat the application for plat rescission is not consistent with thecomprehensive community plan and is not in compliance with the standards andprovisions of the municipality's zoning ordinance and/or land development andsubdivision review regulations and shall hold a public hearing, which adheresto the requirements for notice described in § 45-23-42. The planning boardshall approve, approve with conditions or modifications, or deny theapplication for rescission of the plat according to the requirements of §45-23-63. If it is necessary to abandon any street covered under chapter 6 oftitle 24, the planning board shall submit to the city or town council thedocuments necessary for the abandonment process. Once the required process forrescission or for rescission and abandonment has been completed, the revisedplat shall be signed and recorded as specified in § 45-23-64.