Major Land Development and Major Subdivision – Final Plan

Land Development and Subdivision Review Regulations Town of Smithfield, RI

ARTICLE I. MAJOR/MINOR LAND DEVELOPMENT PROJECTS AND MAJOR/MINOR SUBDIVISIONS

FINAL PLAN

1. Submission Requirements:
   1. The applicant shall submit to the Administrative Officer the items required for the Final Plan (see Checklist I, Section IV, Article A of these Regulations), as well as all material required by the Planning Board when the application was given preliminary approval.
   2. Written Description of arrangements for completion of the required public improvements, including construction schedule and/or financial guarantees.
   3. Written Certification by the Smithfield Tax Collector that all property taxes are current.
   4. For phased Projects, the Final Plan for phases following the first phase, shall be accompanied by copies of as-built drawings not previously submitted of all existing public improvements for prior phases.
2. Certification. The application for Final Plan approval shall be certified complete or incomplete by the Administrative Officer in writing 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). This time period may be extended to forty-five (45) days by written notice from the administrative officer to the applicant where the final plans contain changes to or elements not included in the preliminary plan approval.
3. Referral to the Planning Board. If the Administrative Officer determines that an application for final approval does not meet the requirements set by local regulations or by the Planning Board at Preliminary approval, the Administrative Officer shall refer the Final Plans to the Planning Board for review. The Planning Board shall, within forty-five (45) days after the Certification of Completeness, or within such further time as may be consented to by the Applicant, approve or deny the Final Plan as submitted.
4. Failure to Act. Failure of the Planning Board to act within the period prescribed shall constitute approval of the Final 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.
5. Recording. The final approval of a major subdivision or land development Project shall expire one year from the date of approval unless, within that period, the plat or plan shall have been submitted for signature and recording as specified in Section 45-23-64 of the General Laws of the State of Rhode Island (1956 as amended). The Planning Board may, for good cause shown, extend the period for recording for an additional period.
6. Acceptance of Public Improvements. Signature and recording as specified in Section 45-23-64 of the General Laws of the State of Rhode Island (1956 as amended) shall constitute the acceptance by the Town of any street or other public or other land intended for dedication. Final Plan approval shall not impose any duty upon the Town to maintain or improve those dedicated areas until the Smithfield Town Council accepts the completed public improvements as constructed in compliance with the Final Plans.
7. Validity of Recorded Plans. The approved Final Plan, once recorded, shall remain valid as the approved plan for the site unless and until an amendment to the plan is approved under the procedure set forth in Section 45-23-65 of the General Laws of Rhode Island (1956 as amended), or a new plan is approved by the Planning Board.

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