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Town of Smithfield
Land Development & Subdivision Regulations
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§ XI-E

Applicability of Prior Subdivision Regulations

Land Development and Subdivision Review Regulations Town of Smithfield, RI that is used or is suitable for use as a public water source located within either the Town of Smithfield or two thousand feet (2,000') of the Town's boundaries, provided, however, that a map survey has been filed with the Smithfield Building Inspector showing the .areas of surface water resources and/or watersheds, and parcels of land within 2000' (two thousand feet) of the areas of surface water resources and/or watersheds, pursuant to the General Laws of the State of Rhode Island (1956 as amended), Section 45-24-53(E).

3. Conduct of Hearing. The Planning Board shall conduct a Public Hearing at the date, time, and place specified in the newspaper advertisement and notices. At the Hearing, opportunity shall be given to all persons interested to be heard upon the matter of the proposed Regulations.

ARTICLE C. COPIES OF REGULATIONS. Printed copies of the local regulations shall be available to the general public and shall be revised to include all amendments. Any appendices shall also be available. A reasonable charge may be made for copies. Upon publication of local regulations and any amendments thereto, the municipality shall send a copy to the Rhode Island Department of Administration's Division of Planning and to the State Law Library.

ARTICLE D. VESTED RIGHTS. Nothing contained in these Regulations shall impair the validity of any plat legally recorded prior to the effective date of these Regulations.

ARTICLE E. APPLICABILITY OF PRIOR SUBDIVISION REGULATIONS. Subdivisions which were submitted to the Planning Board for approval under the provisions of these Regulations in effect prior to the date of passage of these Regulations (March, 2007) may be continued to be reviewed by the Planning Board and approved under said prior Regulations in accordance with the following:

  1. Final Approvals. Any subdivider who, at the time of adoption of these Regulations, has received final approval, or final approval with conditions, from the Planning Board, may initiate or construct any part of the development, or record said plans in accordance with the Subdivision Regulations in effect at the time final approval was granted. The Planning Board may, in its discretion, grant extensions to any such final approval in accordance with the procedure for such extension as set forth in the Regulations in effect at the time of final approval.
  2. Preliminary Approvals. Any subdivision which, at the time of adoption of these Regulations has received preliminary approval, or preliminary approval with conditions, from the Planning Board, may continue to be reviewed by the Planning Board in accordance with the Subdivision Regulations in effect at the time preliminary approval was granted provided that the final plat must be approved and recorded within one (1) year from the date of preliminary approval, unless an extension of time is granted by the Planning Board for good cause shown.
  3. Other. Any subdivision which, at the time of adoption of these Regulations has not received final or preliminary approval; or has been reviewed by the Planning Board for preliminary review but no approval therefore has been granted; or which has received any pre-application approval; and any division of land which has not received final approval; shall be reviewed under the terms of these Regulations. The Planning Board shall determine which Regulations apply for subdivisions submitted for approval prior to the date of passage of these Regulations (May, 2006). Appeals from a decision regarding the application status and the applicable Regulation shall be made to the Platting Board of Review as herein provided.

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