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Town of Smithfield
Land Development & Subdivision Regulations
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§ III-D

Minor Land Development and Minor Subdivision Reviews

Land Development and Subdivision Review Regulations Town of Smithfield, RI

  1. Submission. Any Applicant requesting approval of a proposed Administrative Subdivision, as defined in this chapter, shall submit to the Administrative Officer the items required by Checklist A as provided in Section IV of these Regulations.
  2. Certification of Completeness. The application shall be certified as complete or incomplete by the Administrative Officer within a fifteen (15) day period from the date of its submission according to the provisions of Section 45-23-36(B).
  3. Review Process:
    1. Within fifteen (15) days of Certification of Completeness, the Administrative Officer, or the Technical Review Committee, shall review the application and approve, deny or refer it to the Planning Board with recommendations. The Officer or Committee shall report its actions to the Planning Board at its next regular meeting, to be made part of the record.
    2. If no actions is taken by the Administrative Officer or the Technical Review Committee within the fifteen (15) days, the application shall be placed on the agenda of the next regular Planning Board meeting.
  4. Planning Board Review. If referred to the Planning Board, the Board shall consider the application and the recommendations of the Administrative Officer and/or Technical Review Committee and shall either approve, approve with conditions, or deny within sixty-five (65) days of certification of Completeness. Failure of the Planning Board to act within the period prescribed shall constitute approval of the Administrative Subdivision plan and a certificate of the Administrative Officer as to the failure of the Planning Board or Committee to act within the required time and the resulting approval shall be issued on request of the Applicant.
  5. Determinations.
    1. Denial. Denial of an application by the Administrative Officer and/or the Technical Review Committee shall not be appealable and shall require the plan to be submitted as a Minor Subdivision Application.
    2. Approval. Approval of an Administrative Subdivision shall expire ninety (90) days from the date of approval unless within such period a plat in conformity with such approval is submitted for signature and recording as specified in Section 45-23-64.
  6. Review by Technical Review Committee. The Technical Review Committee shall review all applications for pre-application meetings and informal concept review.

ARTICLE D. MINOR LAND DEVELOPMENT AND MINOR SUBDIVISION REVIEWS.

  1. Review Stages. Minor plan review shall consist of at least two stages of review:
    1. Preliminary, including a site visit; and
    2. Final, provided, that if a street creation or extension is involved, a Public Hearing is required.
    A Pre-Application Meeting pursuant to Article A of this Section may also be held at the request of either the applicant and/or the Town. An Informal Concept Review meeting may also be held if requested by the applicant or the Planning Board (see Section III, Article A.3). The Planning Board may combine the approval stages, providing requirements for all stages so combined have been met by the Applicant to the satisfaction of the planning officials.
  2. Submission Requirements. Any Applicant requesting Preliminary approval of a proposed minor subdivision or Minor Land Development, as defined in these Regulations shall submit to the Administrative Officer the items required by Checklist F in Section IV of these Regulations.
  3. Certification. The application shall be certified complete or incomplete by the Administrative Officer within fifteen (15) days, if no street creation or extension is required, according to the provisions of Article B of this Section. An application involving street creation or extension shall be certified complete or incomplete by the Administrative Officer within twenty-five (25) days, according to the provisions of Article B of this Section. However, in no event will the administrative officer be required to certify a corrected submission as complete or incomplete less than fourteen (14) days after its resubmission.
  4. Site Visit. After preparing the Existing Resources and Site Analysis Map, and before the preliminary plan is approved, the Planning Board shall schedule a site visit to the property. In order to facilitate the inspection of the site, the Planning Board may require field location of all proposed roads, improvements and site features consistent with the level of information required at this stage of review. The Existing Resources and Site Analysis Map shall be distributed at the site visit to those Town officials in attendance, if it has not been distributed earlier. It is strongly encouraged that the site visit be attended by members of the Planning Board, Town officials, the applicant and/or the applicant's representatives. Owners of property within the notice area specified in Section III, Article H.2 shall also be notified by the applicant and invited to attend. The site visit shall be considered a public meeting and shall be conducted in accordance with the Town's normal procedures for compliance with the State Open Meetings Law. Members of the public shall be permitted to attend the site visit. Lack of a quorum of the Planning Board in attendance at this visit shall not constitute a failure on the part of the applicant to satisfy the requirements of a site visit. In the event that the Planning Board does not schedule a site visit, or that a scheduled site visit is not conducted within the prescribed time period through no fault of the applicant, the applicant shall not be found to be deficient in the application process, and shall be allowed to proceed with the application. The purpose of the visit is to familiarize local officials with the property's existing conditions and special features, to identify potential site design issues, and to provide an informal opportunity to discuss site design concepts, including the general layout of designed open space lands, buildings and street alignments. Comments made by Town officials or their staff and consultants shall be interpreted as being only suggestive. It shall be understood by all parties that no formal recommendation can be offered, and no official decisions can be made at the site visit. Minutes of the site visit shall be kept in accordance with Title 42, Chapter 46 of the RI General Laws entitled Open Meetings.
  5. Technical Review Committee. The Technical Review Committee 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 if there is no review by the Technical Review Committee. When reviewed by a Technical Review Committee:
    1. If the land development or subdivision plan is approved by a majority of the Committee members, the application shall be forwarded to the Planning Board with a recommendation for Preliminary Plan approval without further review.
    2. If the plan is not approved by a majority vote of the Committee members, the Minor Land Development and subdivision application shall be referred to the Planning Board.
  6. 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 findings required in Section II, Article B of these Regulations.
  7. Decision.
    1. No Street Construction or Creation Involved. 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