Unified development review—Authorization and process
The Narragansett Planning Board is hereby authorized to review and approve variances for properties undergoing review for development plan review or as a minor or major land-development or subdivision projects. This process is to be known as unified development review (UDR).
(1) Reserved.
(2) All land development and subdivision or development plan review applications that include requests for variances and/or special-use permits submitted pursuant to this section shall require a public hearing that meets the requirements of RIGL §§ 45-23-50.1(b) and 45-23-50.1(c). In granting requests for dimensional and use variances, the planning board shall be bound to the requirements of RIGL §§ 45-24-41(d) and 45-24-41(e) § 45-24-41 relative to entering evidence into the record in satisfaction of the applicable standards. In reviewing requests for special-use permits, the planning board shall be bound to the conditions and procedures under which a special-use permit may be issued and the criteria for the issuance of such permits, as found within the zoning ordinance pursuant to RIGL §§ 45-24-42(b)(1), 45-24-42(b)(2) and 45-24-42(b)(3) § 45-24-42, and shall be required to provide for the recording of findings of fact and written decisions as described in the zoning ordinance pursuant to RIGL § 45-24-42(b)(5) § 45-24-42. An appeal from any decision made pursuant to this section may be taken pursuant to RIGL § 45-23-66 § 45-23-71.
(3) A public hearing on a UDR application shall be held prior to consideration of the preliminary plan by the planning board. Public notice of the hearing shall be given at least 14 days prior to the date of the hearing in a newspaper of general circulation within the Town of Narragansett. Notice shall be sent to the applicant and to each owner within 500 feet of the perimeter of the area included in the subdivision and/or land-development project by first class mail, not less than ten days prior to the date of the hearing. Notice shall also be sent to any individual or entity holding a recorded conservation or preservation restriction on the property that is the subject of the application.
(4) The planning board shall have same authority as the zoning board to approve, approve with conditions, or deny a variance request filed as part of the UDR application. The planning board shall conditionally approve or deny the request(s) for the variance(s) before considering the preliminary plan application for the development plan review, or minor or major subdivision or land-development project. Approval of the variance(s) shall be conditioned upon approval of the final plan of the development plan review, subdivision or land-development project. The planning board shall address the same findings of fact required to be addressed by the zoning board and shall produce and record a written decision in the same manner as the zoning board. The time periods by which the planning board must approve or deny applications for dimensional variance(s) for a UDR application shall be the same as the time periods by which the board must make a decision on the preliminary plan review stage of the subdivision or land-development project under review.
(5) Appeal from the decision of the planning board may be taken to RI Superior Court.
(Ch. 1117, § 14, 12-18-2023)