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Town of Smithfield
Land Development & Subdivision Regulations
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§ II-C

Phasing of Major Land Developments and Major Subdivisions

Land Development and Subdivision Review Regulations Town of Smithfield, RI SECTION II. GENERAL REQUIREMENTS. ARTICLE A. SUBMISSION OF PLANS. Any developer of a Major Land Development Project or the Subdivision of Land in the Town of Smithfield is required to file with the Planning Board a MASTER PLAN, a PRELIMINARY PLAN, and a FINAL PLAN in addition to the necessary accompanying materials. Minor Land Development Projects and Subdivision of Land in the Town of Smithfield are required to file with the Town a PRELIMINARY PLAN and a FINAL PLAN in addition to the necessary accompanying materials. ARTICLE B. REQUIRED FINDINGS DURING REVIEW PROCESS. These regulations require that for all Administrative, Minor and Major Subdivisions and Development Applications address each of the general purposes stated in Section I, Article A of these Regulations and the Planning Board shall make positive findings on the following standard provisions, as part of the proposed project's record prior to approval:

  1. The proposed development is consistent with the Smithfield Comprehensive Community Plan and/or has satisfactorily addressed the issues where there may be inconsistencies;
  2. The proposed development is in compliance with the standards and provisions of the Smithfield Zoning Ordinance;
  3. There will be no significant negative environmental impacts from the proposed development as shown on the final plan, with all required conditions for approval;
  4. A subdivision, as proposed, will not result in the creation of individual lots with such physical constraints to development that building on those lots according to pertinent regulations and building standards would be impracticable. (See definition of "Buildable Lot"). Lots with such physical constraints to development may be created only if identified as permanent open space or permanently reserved for a public purpose on the approved, recorded plans;
  5. All proposed land developments and all subdivision lots shall have adequate and permanent physical access to a public street. Lot frontage on a public street without physical access shall not be considered compliance with this requirement.
  6. A subdivision, as proposed, shall provide for safe circulation of pedestrian and vehicular traffic, for adequate control of surface water run-off, for suitable building sites, and for preservation of natural, historical, or cultural features that contribute to the attractiveness of the community.
  7. The design and location of streets, building lots, utilities, drainage improvements, and other improvements in a subdivision, as proposed, shall minimize flooding and soil erosion.

Except for administrative subdivisions, findings of fact must be supported by legally competent evidence on the record which discloses the nature and character of the observations upon which the fact finders acted. If a negative finding for any of these standards is made, the Planning Board shall have legally competent evidence on the record for denial of the project design. ARTICLE C. PHASING OF MAJOR LAND DEVELOPMENTS AND MAJOR SUBDIVISIONS Page 15 Land Development and Subdivision Review Regulations Town of Smithfield, RI

  1. Provision for Permitting of Phasing. When a Major Land Development or Major Subdivision is submitted for Master Plan Approval, the Planning Board shall review the adequacy of existing and projected future public improvements, services, and facilities which may be impacted by the proposed development in its entirety. If the Planning Board determines that such improvements, services, and facilities, including but not limited to water supply, water pressure, sewerage, streets and associated drainage facilities, schools, recreational facilities, and fire and police protection will not be adequate to serve the residents of the subdivision or development at the time of recording of the plat, the Planning Board shall have the authority to establish a rate of development of the entire subdivision by requiring it to be built in phases.
  2. Notification Requirements. When an application is submitted for Master Plan Approval, the applicant shall notify each applicable municipal, state, or private agency as required by the Administrative Officer. Each agency so notified by the applicant by the Administrative Officer. Comments shall be received from each agency prior to the date of the informational meeting. If comments are not received by the Administrative Officer by that date, it shall be assumed that the agency does not wish to comment. If the public informational meeting on the Master Plan and the Public Hearing on the Preliminary Plan are combined, all comments from reviewing agencies shall be received prior to the date of the Public Hearing.
  3. Comments from Required Notified Agencies – Content and Format. Each department or agency to which such a request for comments is made shall deliver to the Administrative Officer a completed written form, and any supplemental material, which shall:
    1. Provide and estimate of the impact of the subdivision or land development project on the facilities and/or services provided by the department or agency;
    2. Describe whether existing facilities and/or services are adequate to serve the subdivision or land development project's residents;
    3. Identify whether plans for the necessary improvements to existing facilities and/or services are included in the Town's Capital Improvement Program or are otherwise planned; and,
    4. Estimate how long it would take to provide any necessary improvements to existing facilities and/or services.
    All such written forms and supplementary materials shall be delivered to the Administrative Officer by the reviewing agency within the time limits prescribed herein.
  4. Establishment of Rate of Development for Phasing by Planning Board. Based on the responses received from the various departments and agencies, the Planning Board shall establish at the time of Master Plan Approval, a rate of development of the entire subdivision or land development project that will permit residential construction only when improvements, services, and facilities will be adequate to serve the residents of the subdivision or development. As part of such a growth plan, the Planning Board may require that improvements be installed, or lots sold, in two (2) or more phases.
  5. Phasing Approval Sequence. If phasing is required, the Planning Board shall approve the entire Master Plan first. Thereafter, the applicant shall be required to (submit plans for Preliminary and/or Final Review and/or Approval indicating the development of the entire site in two (2) or more phases as required by the Planning Board. In such review and approval, the Board may, in its discretion, impose the conditions relative to the following:
    1. For determining the physical limits of phases,