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

Land Development Projects and Subdivisions – Public Hearing and Notice Requirements

Land Development and Subdivision Review Regulations Town of Smithfield, RI 8. Expiration of Approval – "Vesting". The approved Preliminary Plan shall be vested for a period of two

  1. years with the right to extend for two (2), one-year extensions 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 general and specific conditions shown on the approved preliminary plan drawings and supporting material. ARTICLE H. LAND DEVELOPMENT PROJECTS AND SUBDIVISIONS

PUBLIC HEARING AND NOTICE REQUIREMENTS

A Public Hearing shall be required for a Major Land Development Project or a Major Subdivision or where a street extension or creation requires a Public Hearing for a Minor Land Development Project or Minor Subdivision.

  1. Notice Requirements.
    • Newspaper Advertisements. Public notice of the hearing shall be given at least fourteen (14) days prior to the date of the hearing in a newspaper of general circulation in the Town. Newspaper ads shall be printed in the legal section of the classifieds or the display section of the newspaper using a type size at least as large as the normal type size used by the newspaper in its news articles and shall contain the information as specified below.
    • Written Notice. Written notice shall also be sent to the applicant and to each owner of property within the Notice Area identified in this Article. Said notice shall be mailed by certified mail, return receipt requested, not less than ten (10) days prior to the date of the Hearing.
    • Content of Notice. All mail and newspaper notices required by this Article shall specify the following information:
      1. Date, Time, and Place of Public Hearing.
      2. Assessor's Lots and Lot Number(s) of the Subject Property(ies).
      3. Street Address(es)of the Subject Property(ties), or if no address is available, the name of the street(s) on which or near which the subject property is located and the distance and direction from the nearest existing street intersection in tenths (0.10) of a mile.
      4. Identification, for Interested Parties, as to where and when a copy of the plans of the proposed development may be examined.
      5. Inclusion of a statement that the proposed development that the proposed may be revised by the Planning Board as a result of further study or because of the view expressed at the Public Hearing.
  2. Notice Area.
    • Property Owners. All property owners within 200' (two hundred feet) of the perimeter of the subject parcel shall receive notice. The applicant is responsible for submitting the correct names and addresses of all property owners required to be notified, and shall at a minimum, be as accurate as the most current names and addresses listed by the Smithfield Tax Assessor's Office.
    • Watersheds. Additional notice within watersheds shall also be sent as required in Section 45-23- 53(B) and (C) of the General Laws of Rhode Island (1956 as amended).
    • Adjacent Municipalities. Notice of the Public Hearing shall be sent by the Administrative Officer to the Administrative Officer of an adjacent municipality, or (2) the development site extends into the adjacent municipality, or (3) there is a potential for significant negative impact on the adjacent municipality.
  3. Notice Cost. The cost of such notice shall be borne by the Applicant.

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