(A) Review stages. Minor plan review shall consist of two stages, preliminary and final, provided, that if a street creation or extension is involved, a public hearing is required. The planning board may combine the approval stages, providing requirements for both stages have been met by the applicant to the satisfaction of the planning officials. Construction of previously platted streets shall not be considered creation or extension of streets.

(B) Submission requirements. Any applicant requesting approval of a minor subdivision or minor land development, as defined in these regulations, shall submit to the administrative officer the items identified hereinafter in Appendix A.

(C) Certification. The applicant shall be certified complete or incomplete by the administrative officer within twenty-five (25), days, according to the provisions of Section 3(B) hereinabove.

(D) Administrative review. The administrative officer shall review the application and shall comment and make recommendations to the planning board. The application shall be referred to the planning board as a whole.

(E) Notice. Notice of a minor land development or minor subdivision shall be mailed to abutting property owners by first class mail, postage prepaid. Such notice shall contain the name of the proposed subdivider or developer; the location of the property by assessor's plat and lot and the date, time and place of the public hearing on such matter before the planning board.

(F) Re-assignment to major review. The planning board may re-assign a proposed minor project to major review only when the planning board is unable to make the positive finding required in Section 24 hereinbelow.

(G) Decision. If no street creation or extension is required, the planning board shall approve, deny, or approve with conditions, the preliminary plan within sixty-five (65) days of certification of completeness, or within such further time as is agreed to by the applicant and the board. according to the requirements of Section 27 herein. If a street extension or creation is required, the planning board shall hold a public hearing prior to approval according to the requirements of these regulations at Section 8(c) & (d) of these regulations and shall approve, deny, or approve with conditions, the preliminary plan within ninety five (95) days of certification of completeness, or within such further time as is agreed to by the applicant and the board, according to the requirements of Section 27.

(H) Failure to act Failure of the planning board to act within the prescribed period shall constitute approval of the preliminary plan and a certificate of the administrative officer as to the failure of the planning board to act within the required time period and the resulting approval shall be issued on the request of the applicant.

(I) Final Plan. The planning board may delegate final plan review and approval to the administrative officer. The officer shall report his/her findings to the planning board at its next regularly scheduled meeting, to be made a part of the record.

(J) Vesting. Approval of a minor land development or subdivision plan shall expire ninety (90) days from the date of approval unless within such period a plat or plan is submitted for signature and recording, in conformity with such approval, and as defined in these regulations in Appendix

A. Validity may be extended for a longer period, for cause shown if requested by the applicant in writing, prior to the expiration of the period, and approved by the planning board.

(A) Major plan review shall be required of all applications for land development and subdivision approval subject to these regulations, unless classified as an administrative subdivision or as a minor land development or a minor subdivision.

(B) Major plan review shall consist of three stages of review master plan, preliminary plan and final plan, following the pre-application meeting(s) specified in section 2 hereinabove,

Also required is a public information meeting and a public hearing.

(C) The planning board may vote to combine review stages and to modify and/or waive requirements as specified in these regulations. Review stages may be combined only after the planning board determines that a all necessary requirements have been met by the applicant.

(A) Submission requirements:

(1) The applicant shall first submit to the administrative officer the items required in Section 6(2) below.

(2) Requirements for the master plan and supporting materials for this phase of review shall include, but not be limited to: information on the natural and build features of the surrounding neighborhood, existing natural and man-made conditions of the development site, including topographic features, the freshwater wetland and coastal zone boundaries, the floodplain, as well as the proposed design concept, proposed public improvements and dedications, tentative construction phasing, and potential neighborhood impacts.

(3) Initial comments shall be solicited from (a) local agencies including, but not limited to, the planning and community development department, the department of public works, fire and police departments, the conservation and recreation commissions; (b) adjacent communities; (c) state agencies, as appropriate, including the Rhode Island Department of Environmental Management and the Rhode Island Department of Transportation, and the Coastal Resources Management Council; and (d) federal agencies, as appropriate. The administrative officer shall coordinate review and comment by local officials, adjacent communities, and the state and federal agencies.

(B) Certification. The application shall be certified complete or incomplete by the administrative officer within ninety (90) days, in accordance with section 3(B) above.

C. Informal meeting. A public informational meeting shall be held prior to the planning board decision on the master plan, unless the master plan and preliminary plan approvals are being combined, in which case the public informational meeting shall be optional, based upon planning board determination.

(1) Public notice for the information meeting is required and shall be given at least seven (7) days prior to the date of the meeting in a newspaper of general circulation in the town. Postcard notice shall be mailed to the applicant and to include all property owners within notice area which is to all owners of abutting property within two hundred feet (200') of the property perimeter.

(2) At the public informational meeting the applicant shall present the proposed development project. The planning board shall allow oral and written comments from the general public. All public comment shall be made part of the public record of the project application.

(D) Decision. The planning board shall, within one hundred twenty (120) days of certification of completeness, or within such further time as many be consented to by the applicant, approve of the master plan as submitted, approve with changes and/or conditions, or deny the applicant, according to the requirements of Section 27.

(E) Failure to act. Failure of the planning board to act within the period prescribed shall constitute approval of the master plan and a certificate of the administrative officer as to the failure of the planning board to act within the required time and the resulting approval shall be issued on request of the applicant.

(G) Vesting.

(1) The approved master plan shall be vested for a period of one (1) year, with a one (1) year extension possible upon the written request of the applicant, who must appear before the planning board for an annual review. Vesting may be extended for a longer period, for good cause shown, if requested by the application prior to the expiration of the approval date, in writing, and approved by the planning board. Master plan vesting shall include the zoning requirements, conceptual layout and all conditions shown on the approved master plan drawing and supporting materials.

(2) The initial two (2) year vesting for the approved master plan shall constitute the vested rights for the development as required in Section 11.

(A) Submission requirements.

(1) The applicant shall first submit to the administrative officer the items required in Appendix A for preliminary plan.

(2) Requirements for the preliminary plan and supporting materials for this phase of review shall include, but not be limited to: engineering plans depicting the existing site conditions, engineering plans depicting the proposed development project, a perimeter survey, all permits required by state and 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 or town roads.

(3) Final written comments and/or approvals of the department of public works, the town engineer, the town solicitor, other local government departments, commissions, or authorities as appropriate.

(4) Prior to approval of the preliminary plan, copies of all legal documents describing the property, proposed easements and rights-of-way.

(B) Certification. The application shall be certified as complete or incomplete by the administrative officer within sixty (60) days, according to the provisions of Section 3(B).

(C) Public Hearing. Prior to planning board decision on the preliminary plan, a public hearing, which adheres to the requirements for notice described in Section 9, hereinbelow, must be held.

(D) Public improvement guarantees. Proposed arrangements for completion of the required public improvements, including construction schedule and/or financial guarantees shall be reviewed and approved by the planning board at the preliminary plan approval.

(E) Decision. A complete application for am major subdivision or development plan shall be approved, approved with conditions or denied within one hundred and twenty (120) days of the date when it is certified complete, or within such further times as may be consented to by the developer.

(F) Failure to act. Failure of the planning board to act within the period prescribed shall constitute approval of the preliminary plan and a certificate of the administrative officer as to the failure of the planning board to act within the required time and the resulting approval shall be issued on the request of the applicant.

(G) Vesting. The approved preliminary plan shall be vested for a period of one (1) year and vesting may be extended for a longer period, for good cause shown, if requested in writing by the applicant prior to the expiration of the deadline, and approved by the planning board. The vesting for the preliminary plan approved shall include all general and specific conditions as shown on the approved preliminary plan drawings and supporting materials.

(A) A public hearing shall be required for a major land development or a major subdivision or where a street extension or creation required a public hearing for a minor land development project or minor subdivision.

(B) Notice Requirements. Public notice of the hearing shall b given at least fourteen (14) days prior to the hearing in a newspaper of general circulation within the town following the town's customary practices for such advertising. Notice shall be sent to the applicant and to each owner of property within two hundred feet (200') of the perimeter of the property, by certified mail, return receipt requested, of the time and place of the hearing not less that ten (10) days prior to the date of the hearing. Such notice shall also include the street address of the subject property, or if no street address is available, the distance from the nearest intersection in tenths (1/10) of a mile. The board may require a supplemental notice that an application for development approval is under consideration be posted at the location in question. Such posting shall be for informal purposes only and shall not constitute required notice of a public hearing.

(C) Notice area

(1) The distance for notice of the public hearing shall be to all owners of property within two hundred feet (200') of the perimeter of the entire property under consideration Intervening streets, highways, roadways, easements or rights-of-way shall nullify the intention of this notice area.

(2) Watersheds. Additional notice within watersheds shall also be sent by first class mail to the city or town planning board of any municipality where there is a public or quasi-public water source, or private water source that is used or is suitable for use as a public water source, located within two thousand feet (2,000') of the municipal boundaries.

Notice of a public hearing shall be sent to the governing body of any state or municipal water department or agency, special water district, or private water company that has riparian rights to surface water resource and/or surface watershed that is used or is suitable for use as public water source located within either the town, or two thousand feet (2,000') of the municipal boundaries, provided, however, that a map survey has been filed with the building inspector specified in section 45-24-53(E) of the General Laws of Rhode Island.

(3) Adjacent municipalities. Notice of the public hearing shall be sent by the administrative officer to the administrative officer of an adjacent municipality if (1) the notice area extends into the adjacent municipality, or (2) the development site extends into the adjacent municipality, or (3) there is a potential for significant negative impact on the adjacent municipality.

(D) Notice costs. The cost of all such notices and advertisement shall be borne by the applicant, as identified in Appendix D. Fee Schedule.

(A) Submission requirements:

(1) The applicant shall submit to the administrative officer the items required for final plan in Appendix A, as well as all materials required by the planning board when the application was given preliminary approval.

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

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

(4) For phase projects, the final plan for phases following the first phase, shall be accompanied by copies of as-built drawings not previously submitted of all existing public improvements for prior phases.

(B) Certification. The application for final plan approval shall be certified complete or incomplete by the administrative officer within forty-five (45) days, according to the provisions of section 3(B) hereinabove. If the administrative officer carotid the application as complete and does not require submission to the planning board as per subsection (C) below, the final plan shall be considered approved.

(C) Referral to the planning board If the administrative officer determines that an application for final approval does not meet the requirements set by the regulations or by the planning board at the preliminary approval, the administrative officer shall refer the final plans to the planning board for review. The planning board shall, within forty-five (45) days after the certification of completeness, or within such further time as may be consented to by the applicant, approve or deny the final plan as submitted.

(D) Failure to act. Failure of the planning board to act within the period prescribed shall constitute approval of the final plan and a certificate of the administrative officer as to the failure of the planning board to act within the required time and the resulting approval shall be issued on request of the applicant.

(E) Recording. The final approval of a major subdivision or land development project shall expire one (1) year from the date of approval unless, within that period, the plat or plan shall have been submitted for signature and recording as specified in these regulations. The planning board may, for good cause shown, extend the period for recording for an additional period not to exceed one (1) year.

(F) Acceptance of public improvements. Signature and recording as specified in these regulations shall constitute by the town of any street or other public improvements or other land intended for dedication. Final plan approval shall impose any duty upon the town to maintain or improve those dedicated areas until the town council accepts the completed public improvements as constructed in compliance with the final plans.

(G) Validity of recorded plans. The approved final plan, once recorded, shall remain valid as the approved plan for the site unless an amendment to the plan is approved under the procedures set forth in these regulations, or a new plan is approved by the planning board.

The planning board will require any subdivision to conform to the following design standards.