Comprehensive permits: Review procedures
a. Pre-application conference. A pre-application conference shall be held with the planning board.
1. In advance of the pre-application conference, the applicant shall provide a pre-application submission to the administrative officer in accord with section 6 of this article.
2. The planning board will hold a pre-application conference within 30 days of the applicant filing a completed submission for pre-application conference, unless a different timeframe is agreed to by the applicant in writing.
i. If 30 days has elapsed from the filing of the pre-application submission, and no pre-application conference has taken place, nothing shall be deemed to preclude the applicant from thereafter filing and proceeding with an application for preliminary plan review.
3. The pre-application conference is not a public hearing and does not require notice be provided in accord with appendix B, Land Development and Subdivision Regulations, article IV, section 23-14.
4. Nothing herein prohibits the applicant from conferring with administrative officer prior to submitting a pre-application submission for review by the planning board.
b. Preliminary plan.
1. Submission requirements. In advance of the preliminary plan hearing, the application shall provide preliminary plan application to the administrative officer in accord with section 6 of this article.
2. Certification of completeness. The preliminary plan must be certified complete or incomplete by the administrative officer according to the provisions of G.L. § 45-23-36(b), provided, however, that the certificate shall be granted within 25 days of submission of an application. The running of the time period set forth herein will be deemed stopped upon the issuance of a written certificate of incompleteness of the application by the administrative officer and will recommence upon the resubmission of a correct 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 days after its resubmission. If the administrative officer certifies the application as incomplete, the officer shall set forth in writing with specificity the missing or incomplete items.
3. Public hearing. A public hearing shall be noticed and held as soon as practicable after the issuance of a certificate of completeness.
4. Notice. Public notice for the public hearing will be the same notice required under appendix B, Land Development and Subdivision Regulations, article IV, section 23-14. The cost of notice shall be paid by the applicant.
5. Timeframe for review. The planning board shall render a decision on the preliminary plan application within 90 days of the date the application is certified complete, or within a further amount of time that may be consented to by the applicant through the submission of written consent.
6. Failure to act. Failure of the planning board to act within the prescribed period constitutes 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. Further, if the public hearing is not convened or a decision is not rendered within the time allowed in sections 7(b)(3) and (5), the application is deemed to have allowed and the preliminary plan approval shall be issued immediately.
7. Decision on preliminary plan. The planning board shall render a decision to approve the preliminary plan as submitted, approve with changes and/or conditions, or deny the application, according to the requirements of section 7(e) of this article.
8. Vesting. The approved preliminary plan is vested for a period of two years with the right to extend for two, one-year, extensions upon written request by the applicant filed prior to the expiration of the vesting period, 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 prior to expiration of the vesting period, and approved by the planning board. The vesting for the preliminary plan approval includes all ordinances and provisions and regulations at the time of the approval, general and specific conditions shown on the approved preliminary plan drawings and support material.
c. Final plan. The second and final stage of review for the comprehensive permit project shall be done administratively, unless an applicant has requested and been granted any waivers from the submission of checklist items at the preliminary plan review stage. If the applicant requested and was granted waivers from the submission of checklist items at the preliminary plan stage, the planning board, in its preliminary plan decision may vote to require the applicant to return to it for final plan review and approval.
1. Submission requirements. The applicant shall provide its final plan application to the administrative officer in accord with section 6 of this article.
2. Certificate of completeness. The final plan application must be certified complete or incomplete by the administrative officer according to the provisions of G.L. § 45-23-36; provided however, that, the certificate shall be granted within 25 days of submission of the application. The running of the time period set forth herein will be deemed stopped upon the issuance of a written 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 days after its resubmission. If the administrative officer certifies the application as incomplete, the officer shall set forth in writing with specificity the missing or incomplete items.
3. Timeframe for review. The reviewing authority shall render a decision on the final plan application within 45 days of the date the application is certified complete.
4. Decision on final plan.
i. An application for final plan review filed in accordance with this article and subject to review by the administrative officer, shall be approved by the administrative officer unless such application does not satisfy conditions set forth in the preliminary plan approval decision or such application does not have the requisite state and/or federal approval or other required submissions, does not post the required improvement bonds, or such application is a major modification of the plans approved at preliminary plan.
ii. An application for final plan review filed in accordance with this article and subject to review by the planning board, shall be conducted as public hearing with notice provided to the applicant and abutters within 200 feet of the perimeter of the property at least 14 days before the hearing.
5. Failure to act. Failure of the reviewing authority to act within the prescribed period constitutes approval of the final plan and a certificate of the administrative officer as to the failure to act within the required time and the resulting approval shall be issued on request of the applicant.
d. Modifications and changes to plans.
1. Minor changes to the plans approved at preliminary plan may be approved administratively, by the administrative officer, whereupon final plan approval may be issued. The changes may be authorized without additional public hearings, at the discretion of the administrative officer. All changes shall be made part of the permanent record of the project application. This provision does not prohibit the administrative officer from requesting a recommendation from either the technical review committee or the local review board. Denial of the proposed change(s) shall be referred to the local review board for review as a major change. Minor changes include the following:
i. Amendments to utility plans which are acceptable to the public works director, planning board consulting engineer and to the appropriate utility company;
ii. Lot line revisions which can be reviewed and approved as an administrative subdivision;
iii. Amendments to grading plans or drainage plans which are acceptable to the public works director and planning board consulting engineer which do not require approval of any state or federal reviewing authorities;
iv. Amendments to construction plans which are required because of unforeseen physical conditions on the parcel being subdivided;
v. Modifications to any construction plans for off-site improvements which are acceptable to the public works director; or
vi. Modifications which are required by outside permitting agencies such as, but not limited to, the state department of environment management, the coastal resources management council, and the state department of transportation.
2. Major changes to the plans approved at preliminary plan may be approved only by the local review board and must include a public hearing with notice to abutters within 200 feet of the perimeter of the property at least 14 days before the hearing. The administrative officer shall notify the applicant in writing within 14 days of submission of the submission if the administrative officer determines the change to be a major change of the approved plans. Major changes include all those which are not deemed minor as well as the following:
i. Changes which would have the effect of creating additional lots or dwelling units for development;
ii. Changes which would be contrary to any applicable provision of the zoning ordinance or which require a variance or special use permit from the zoning board of review; or
iii. Changes which may have significant negative impacts on abutting property or property in the vicinity of the proposed subdivision or land development project.
3. Infeasibility of conditions of approval. The burden is on the applicant to show, by competent evidence before the planning board, that proposed conditions of approval are infeasible, as defined in G.L. § 45-53-3. Upon request, the applicant shall be provided a reasonable opportunity to respond to such proposed conditions prior to a final vote on the application.
e. Required findings.
1. Required findings for approval. In approving a preliminary plan application for a comprehensive permit, the local review board shall make positive findings, supported by legally competent evidence on the record which discloses the nature and character of the observations upon which the fact finders acted, on each of the following standard provisions, where applicable:
i. The proposed development is consistent with local needs as identified in the comprehensive plan with particular emphasis on the affordable housing plan and/or has satisfactorily addressed the issues where there may be inconsistencies.
ii. The proposed development is in compliance with the standards and provisions of the zoning ordinance and subdivision regulations, and/or where adjustments are requested by the applicant, that local concerns that have been affected by the relief granted do not outweigh the state and local need for low- and moderate-income housing.
iii. All low- and moderate-income housing units proposed are integrated throughout the development; are compatible in scale and architectural style to the market rate units within the project; and will be built and occupied prior to, or simultaneous with the construction and occupancy of any market rate units.
iv. There will be no significant negative impacts on the health and safety of current or future residents of the community, in areas including, but not limited to, safe circulation of pedestrian and vehicular traffic, provision of emergency services, sewerage disposal, availability of potable water, adequate surface water runoff, and the preservation of natural, historical, or cultural features that contribute to the attractiveness of the community.
v. All proposed land development and all subdivision lots will have adequate and permanent physical access to a public street in accordance with the requirements of appendix B, Land Development and Subdivision Regulations, article IX, section 23-45(a)(5).
vi. The proposed development will not result in the creation of individual lots with any physical constraints to development that building on those lots according to pertinent regulations and building standards would be impracticable, unless created only as permanent open space or permanently reserved for a public purpose on the approved, recorded plans.
2. Required findings for denial. In reviewing the comprehensive permit request, the local review board may deny the request for any of the following reasons:
i. The Town of Tiverton has an approved affordable housing plan and is meeting housing needs, and the proposal is inconsistent with the affordable housing plan; provided that, the local review board also finds that the municipality has made significant progress in implementing the housing plan;
ii. The proposal is not consistent with local needs, including, but not limited to, the needs identified in an approved comprehensive plan, and/or local zoning ordinance and procedures promulgated in conformance with the comprehensive plan;
iii. The proposal is not in conformance with the comprehensive plan;
iv. The community has met or has plans to meet the goal of ten percent of the year-round units, provided that, the local review board also finds that the community has achieved or has made significant progress towards meeting the goals of the affordable housing plan; or
v. Concerns for the environment and the health and safety of current residents have not been adequately addressed.
(Ord. of 11-30-23(3))