Major Land Development and Major Subdivision – Preliminary Plan

ARTICLE G. MAJOR LAND DEVELOPMENT AND MAJOR SUBDIVISION PRELIMINARY PLAN

1. Submission Requirements.
   1. The Applicant shall first submit to the Administrative Officer the items required by these Regulations for Preliminary Plans as provided by Checklist E or H for Conventional Developments in Section IV, Article A of these Regulations.
   2. Requirements for the Preliminary Plan and supporting materials for this phase of the review are provided in Checklist E of Section IV. They include, but are not limited to: engineering plans depicting the existing site conditions, engineering plans depicting the proposed development Project, a perimeter survey, all applicable permits required by state or federal agencies prior to commencement of construction, including permits related to freshwater wetlands, floodplains, preliminary suitability for individual septic disposal systems, public water systems, and connections to state roads.
   3. Final written comments and/or approvals of the Department of Public Works, the Municipal Engineer, the Town Solicitor, other local government departments, commissions, or authorities as appropriate.
   4. Prior to approval of the Preliminary Plan, copies of all legal documents describing the property, proposed easements and rights-of-way.
2. Certification. The application shall be certified as complete or incomplete by the Administrative Officer within twenty five (25) days, according to the provisions of Article B of this Section and Section 45-23-36(B) of the General Laws of Rhode Island (1956 as amended.) The running of the time period set forth herein will be deemed stopped upon the issuance of a 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 ten (10) days after its resubmission.
3. Technical Review Committee. The Technical Review Committee shall review the application and shall comment and make recommendations to the Planning Board within the time limits for the Planning Board action.
4. Public Hearing. Prior to Planning Board decision on the Preliminary Plan, a Public Hearing, which adheres to the requirements for notice described in Article H of this Section and Section 45-23-42 of the General Laws of Rhode Island (1956 as amended), must be held.
5. Public Improvement Guarantees. Proposed arrangements for completion of the required public improvements, including construction schedule and/or financial guarantees shall be reviewed and approved by the Planning Board at Preliminary Plan approval.
6. Decision. A complete application for a major subdivision or development plan shall be approved, approved with conditions or denied in accordance with the requirements of Sections 45-23-60 and 45-23-63 within nintey (90) days of the date when it is certified complete, or within such further time as may be consented to by the developer.
7. Failure to Act. Failure of the Planning Board to act within the period prescribed shall constitute 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.

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