Application procedure

[Amended 11-21-2024, effective 11-21-2024]

The application and review process for a comprehensive permit shall be as follows:

• A. Pre-application conference. A pre-application conference may be required by the administrative officer or Planning Board or requested by the applicant. The preapplication conference may be with the Planning Board, technical review committee, or administrative officer as determined appropriate by the administrative officer.
  • (1) In advance of the pre-application conference, the applicant shall submit a short written description of the project including the number of units, type of housing, density analysis, preliminary list of adjustments requested, a location map, and a conceptual site plan.
  • (2) Upon request of the applicant for a pre-application conference, such conference will be scheduled and held within 30 days of the request, unless a different timeframe is agreed to by the applicant in writing.
  • (3) If 30 days has elapsed from the filing of the pre-application submission, and no pre-application submission has taken place, nothing shall be deemed to preclude the applicant from thereafter filing and proceeding with an application for preliminary plan review.
• B. Preliminary plan.
  • (1) Submission requirements. Applications for preliminary plan under this section shall include:
    • (a) A letter of eligibility issued by the Rhode Island Housing Mortgage Finance Corporation, or in the case of projects primarily funded by the U.S. Department of Housing and Urban Development or other state or federal agencies, an award letter indicating the subsidy, or application in such form as may be prescribed for a municipal government subsidy; and
    • (b) A letter signed by the authorized representative of the applicant, setting forth the specific sections and provisions of applicable local ordinances and regulations from which the applicant is seeking adjustments; and
    • (c) A proposed timetable for the commencement of construction and completion of the project; and
    • (d) Those items included in the checklist for preliminary plan review with the exception of evidence of state or federal permits.
    • (e) Notwithstanding the submission requirements set forth above, the Planning Board may request additional, reasonable documentation throughout the public hearing, including, but not limited to, opinions of experts, credible evidence of application for necessary federal and or state permits, and advice from other local boards and officials.
  • (2) Certification of completeness. The preliminary plan must be certified complete or incomplete by the administrative officer according to the provisions of the Subdivision Regulations provided, however, that the certificate shall be granted within 25 days of submission of an application. The running of the time period set forth herein will be deemed stopped upon the issuance of a written certificate of incompleteness of the application by the administrative officer and will recommence upon the resubmission of a correct application by the applicant. However, in no event will the administrative officer be required to certify a corrected submission as complete or incomplete less than 10 days after its resubmission. If the administrative officer certifies the application as incomplete, the officer shall set forth in writing with specificity the missing or incomplete items.
  • (3) Public hearing. A public hearing shall be noticed and held as soon as practicable after the issuance of a certificate of completeness.
  • (4) Notice. Public notice for the public hearing will be the same notice required under local regulations for a public hearing for a master plan. The cost of notice shall be paid by the applicant.
  • (5) Timeframe for review. The Planning Board shall render a decision on the preliminary plan application within 90 days of the date the application is certified complete, or within a further amount of time that may be consented to by the applicant through the submission of written consent.
  • (6) Failure to act. Failure of the Planning Board to act within the prescribed period constitutes 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 request of the applicant. Further, if the public hearing is not convened or a decision is not rendered within the time allowed in the Subdivision Regulations the application is deemed to have allowed and the preliminary plan approval shall be issued immediately.
  • (7) Vesting. The approved preliminary plan is vested for a period of two years with the right to extend for two, one-year extension upon written request by the applicant, who must appear before the Planning Board for each annual review and provide proof of valid state or federal permits as applicable. Thereafter, vesting may be extended for a longer period, for good cause shown, if requested, in writing by the applicant, and approved by the Planning Board. The vesting for the preliminary plan approval includes all ordinances and provisions and regulations at the time of the approval, general and specific conditions shown on the approved preliminary plan drawings and support material.
• C. Final plan. The second and final stage of review for the comprehensive permit project shall be done administratively, unless an applicant has requested and been granted any waivers from the submission of checklist items for preliminary plan review, and then, at the Planning Board's discretion, it may vote to require the applicant to return for final plan review and approval.
  • (1) The following items shall be submitted as part of the final plan submission:
    • (a) All required state and federal permits must be obtained prior to the final plan approval.
    • (b) A draft monitoring agreement which identifies an approved entity that will monitor the long-term affordability of the low- and moderate-income units pursuant to RIGL § 5-53-3.2.
    • (c) A sample land lease or deed restriction with affordability liens that will restrict use as low- and moderate-income housing in conformance with the guidelines of the agency providing the subsidy for the low- and moderate-income housing, but for a period of not less than 30 years.
    • (d) Those items included in the checklist for final plan review.
    • (e) Arrangements for completion of the required public improvements, including construction schedule and/or financial guarantees.
    • (f) Certification by the tax collector that all property taxes are current.
    • (g) For phased 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.
  • (2) Certificate of completeness. The final plan application must be certified complete or incomplete by the administrative officer according to the provisions of RIGL § 45-23-36; provided however, that, the certificate shall be granted within 25 days of submission of the application. The running of the time period set forth herein will be deemed stopped upon the issuance of a written certificate of incompleteness of the application by the administrative officer and will recommence upon the resubmission of a corrected application by the applicant. However, in no event will the administrative officer be required to certify a corrected submission as complete or incomplete less than 10 days after its resubmission. If the administrative officer certifies the application as incomplete, the officer shall set forth in writing with specificity the missing or incomplete items.
  • (3) Timeframe for review. The reviewing authority shall render a decision on the final plan application within 45 days of the date the application is certified complete.
  • (4) Decision on final plan. An application filed in accordance with this article shall be approved by the administrative officer unless such application does not satisfy conditions set forth in the preliminary plan approval decision or such application does not have the requisite state and/or federal approval or other required submissions, does not post the required improvement bonds, or such application is a major modification of the plans approved at preliminary plan.
  • (5) Failure to act. Failure of the reviewing authority to act within the prescribed period constitutes approval of the final plan and a certificate of the administrative officer as to the failure to act within the required time and the resulting approval shall be issued on request of the applicant.
  • (6) Vesting. The approved final plan is vested for a period of two years with the right to extend for one one-year extension upon written request by the applicant, who must appear before the planning board for the extension request. Thereafter, vesting may be extended for a longer period, for good cause shown, if requested, in writing by the applicant, and approved by the local review board.