§ 185-122
Integration with subdivision regulations
- A. In the event that any application for a cluster development permitted by this article shall also constitute a subdivision within the meaning of the Planning Board regulations, as the same now exist or may hereafter be amended, the action required by the Planning Board under § 185-121 shall constitute preliminary subdivision approval or disapproval, with final subdivision approval being conditioned upon the Town Council having approved the application in the form approved by the Planning Board.
- B. In the event that the Planning Board shall refuse to give preliminary subdivision approval to such application, the applicant shall have all of the rights to appeal therefrom granted to it pursuant to Chapter 200, Subdivision of Land, and the General Laws of Rhode Island. While any such appeal is pending, the Town Council shall take no action on the application. In the event that the applicant shall fail to appeal the denial of preliminary subdivision approval, or if after such appeal the action of the Planning Board in denying the same shall be affirmed with no possibility of further appeal, the application to the Town Council shall be deemed automatically withdrawn, and the Council shall be required to take no further action thereon.