reglab/housing_qa huggingface dataset:
RI Gen L § 45-23-56 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-23 - Subdivision of Land|Section 45-23-56 - Administration - Technical review committee.

§ 45-23-56. Administration — Technical review committee.(a) The planning board may establish a technical review committee of not fewer than three (3) members, to conduct technical reviews of applications subject to their jurisdiction. Where a technical review committee is established, the administrative officer shall serve as chairperson. Membership of this subcommittee, to be known as the technical review committee, may include, but is not limited to, members of the planning board, planning department staff, other municipal staff representing departments with responsibility for review or enforcement, conservation commissioners or other duly appointed local public commission members.(b) If the planning board establishes a technical review committee, the board shall adopt written procedures establishing the committee's responsibilities.(c) Reports of the technical review committee to the planning board shall be in writing and kept as part of the permanent documentation on the development application. In no case shall the recommendations of the technical review committee be binding on the planning board in its activities or decisions. All reports of the technical review committee shall be made available to the applicant prior to the meeting of the planning board meeting at which the reports are first considered.History of Section.P.L. 1992, ch. 385, § 1; P.L. 2008, ch. 224, § 1; P.L. 2008, ch. 464, § 1.
RI Gen L § 45-23-57 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-23 - Subdivision of Land|Section 45-23-57 - Administration - The board of appeal.

§ 45-23-57. Administration — The board of appeal.The city or town council shall establish the city or town zoning board of review as the board of appeal to hear appeals of decisions of the planning board or the administrative officer on matters of review and approval of land development and subdivision projects.History of Section.P.L. 1992, ch. 385, § 1.
RI Gen L § 45-23-58 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-23 - Subdivision of Land|Section 45-23-58 - Administration - Administrative fees.

§ 45-23-58. Administration — Administrative fees.Local regulations adopted pursuant to this chapter may provide for reasonable fees, in an amount not to exceed actual costs incurred, to be paid by the applicant for the adequate review and hearing of applications, issuance of permits and recordings of subsequent decisions.History of Section.P.L. 1992, ch. 385, § 1.
RI Gen L § 45-23-59 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-23 - Subdivision of Land|Section 45-23-59 - Administration - Violations and penalties.

§ 45-23-59. Administration — Violations and penalties.(a) Local regulations adopted pursuant to this chapter shall provide for a penalty for any violation of the local regulations, or for a violation of any terms or conditions of any action imposed by the planning board or of any other agency or officer charged in the regulations with enforcement of any of the provisions.(b) Violation of the regulations include any action related to the transfer or sale of land in unapproved subdivisions. Any owner, or agent of the owner, who transfers, sells or negotiates to sell any land by reference to or exhibition of, or by other use, a plat of the subdivision before the plat has been approved by the planning board and recorded in the municipal land evidence records, is in violation of the local regulations and subject to the penalties described in this chapter.(c) The penalty for violation shall reasonably relate to the seriousness of the offense, and shall not exceed five hundred dollars ($500) for each violation, and each day of existence of any violation is deemed to be a separate offense. Any fine shall inure to the municipality.(d) The municipality may also cause suit to be brought in the supreme or superior court, or any municipal court, including a municipal housing court having jurisdiction in the name of the municipality, to restrain the violation of, or to compel compliance with, the provisions of its local regulations. A municipality may consolidate an action for injunctive relief and/or fines under the local regulations in the superior court of the county in which the subject property is located.History of Section.P.L. 1992, ch. 385, § 1.
RI Gen L § 45-23-60 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-23 - Subdivision of Land|Section 45-23-60 - Procedure - Required findings.

§ 45-23-60. Procedure — Required findings.(a) All local regulations shall require that for all administrative, minor, and major development applications the approving authorities responsible for land development and subdivision review and approval shall address each of the general purposes stated in § 45-23-30 and make positive findings on the following standard provisions, as part of the proposed project's record prior to approval:(1) The proposed development is consistent with the comprehensive community plan and/or has satisfactorily addressed the issues where there may be inconsistencies;(2) The proposed development is in compliance with the standards and provisions of the municipality's zoning ordinance;(3) There will be no significant negative environmental impacts from the proposed development as shown on the final plan, with all required conditions for approval;(4) The subdivision, as proposed, 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. (See definition of Buildable lot). Lots with physical constraints to development may be created only if identified as permanent open space or permanently reserved for a public purpose on the approved, recorded plans; and(5) All proposed land developments and all subdivision lots have adequate and permanent physical access to a public street. Lot frontage on a public street without physical access shall not be considered in compliance with this requirement.(b) Except for administrative subdivisions, findings of fact must be supported by legally competent evidence on the record which discloses the nature and character of the observations upon which the fact finders acted.History of Section.P.L. 1992, ch. 385, § 1; P.L. 2000, ch. 327, § 1.
RI Gen L § 45-23-61 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-23 - Subdivision of Land|Section 45-23-61 - Procedure - Precedence of approvals between planning board and other local permitting authorities.

§ 45-23-61. Procedure — Precedence of approvals between planning board and other local permitting authorities.(a) (1) Zoning board. Where an applicant requires both a variance from the local zoning ordinance and planning board approval, and the application is not undergoing unified development review pursuant to § 45-23-50.1 and the local zoning ordinance, the applicant shall first obtain an advisory recommendation from the planning board, as well as conditional planning board approval for the first approval stage for the proposed project, which may be simultaneous, then obtain conditional zoning board relief, and then return to the planning board for subsequent required approval(s).(2) Where an applicant requires both a special-use permit under the local zoning ordinance and planning board approval, and the application is not undergoing unified development review pursuant to § 45-23-50.1 and the local zoning ordinance, the applicant shall first obtain an advisory recommendation from the planning board, as well as conditional planning board approval for the first approval stage for the proposed project, which may be simultaneous, then obtain a conditional special-use permit from the zoning board, and then return to the planning board for subsequent required approval(s).(b) City or town council. Where an applicant requires both planning board approval and council approval for a zoning ordinance or zoning map change, the applicant shall first obtain an advisory recommendation on the zoning change from the planning board, as well as conditional planning board approval for the first approval stage for the proposed project, which may be simultaneous, then obtain a conditional zoning change from the council, and then return to the planning board for subsequent required approval(s).History of Section.P.L. 1992, ch. 385, § 1; P.L. 2016, ch. 527, § 2.
RI Gen L § 45-23-62 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-23 - Subdivision of Land|Section 45-23-62 - Procedure - Waivers - Modifications and reinstatement of plans.

§ 45-23-62. Procedure — Waivers — Modifications and reinstatement of plans.(a) (1) Waiver of development plan approval. A planning board may waive requirements for development plan approval where there is a change in use or occupancy and no extensive construction of improvements is sought. The waiver may be granted only by a decision by the planning board finding that the use will not affect existing drainage, circulation, relationship of buildings to each other, landscaping, buffering, lighting and other considerations of development plan approval, and that the existing facilities do not require upgraded or additional site improvements.(2) The application for a waiver of development plan approval review shall include documentation, as required by the planning board, on prior use of the site, the proposed use, and its impact.(b) Waiver and/or modification of requirements. The planning board has the power to grant waivers and/or modifications from the requirements for land development and subdivision approval as may be reasonable and within the general purposes and intents of the provisions for local regulations. The only grounds for waivers and/or modifications are where the literal enforcement of one or more provisions of the regulations is impracticable and will exact undue hardship because of peculiar conditions pertaining to the land in question or where waiver and/or modification is in the best interest of good planning practice and/or design as evidenced by consistency with the municipality's comprehensive plan and zoning ordinance.(c) Local regulations shall include provisions for reinstatement of development applications when the deadlines set in the local regulations and approval agreements for particular actions are exceeded and the development application or approval is therefore rendered invalid. Where an approval has expired, the local regulations shall specify the point in the review to which the application may be reinstated.(d) Decision. The planning board shall approve, approve with conditions or deny the request for either a waiver or modification as described in subsection (a) or (b) in this section, according to the requirements of § 45-23-63.History of Section.P.L. 1992, ch. 385, § 1.
RI Gen L § 45-23-63 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-23 - Subdivision of Land|Section 45-23-63 - Procedure - Meetings - Votes - Decisions and records.

§ 45-23-63. Procedure — Meetings — Votes — Decisions and records.(a) All records of the planning board proceedings and decisions shall be written and kept permanently available for public review. Completed applications for proposed land development and subdivisions projects under review by the planning board shall be available for public review.(b) Participation in a planning board meeting or other proceedings by any party is not a cause for civil action or liability except for acts not in good faith, intentional misconduct, knowing violation of law, transactions where there is an improper personal benefit, or malicious, wanton, or willful misconduct.(c) All final written comments to the planning board from the administrative officer, municipal departments, the technical review committee, state and federal agencies, and local commissions are part of the permanent record of the development application.(d) Votes. All votes of the planning board shall be made part of the permanent record and show the members present and their votes. A decision by the planning board to approve any land development or subdivision application requires a vote for approval by a majority of the current planning board membership. A decision by the planning board to approve a variance or special-use permit pursuant to any adopted unified development review regulations requires a vote for approval by a majority of the planning board members that were present at the public hearing at which the request was heard.(e) All written decisions of the planning board shall be recorded in the land evidence records within twenty (20) days after the planning board vote. A copy of the recorded decision shall be mailed within one business day of recording, by any method that provides confirmation of receipt, to the applicant and to any objector who has filed a written request for notice with the administrative officer.History of Section.P.L. 1992, ch. 385, § 1; P.L. 2008, ch. 224, § 1; P.L. 2008, ch. 464, § 1; P.L. 2016, ch. 527, § 2; P.L. 2017, ch. 109, § 1; P.L. 2017, ch. 175, § 1.
RI Gen L § 45-23-63.1 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-23 - Subdivision of Land|Section 45-23-63.1 - Procedure - Tolling of expiration periods.

§ 45-23-63.1. Procedure — Tolling of expiration periods.(a) Notwithstanding any other provision set forth in this chapter, all periods pertaining to the expiration of any approval issued pursuant to the local regulations promulgated under this chapter shall be tolled until June 30, 2017. For the purposes of this section, "tolling" shall mean the suspension or temporary stopping of the running of the applicable permit or approval period.(b) Said tolling need not be recorded in the land evidence records to be valid; however, a notice of the tolling must be posted in the municipal planning department and near the land evidence records.(c) The tolling shall apply only to approvals or permits in effect on November 9, 2009, and those issued between November 9, 2009, and June 30, 2017, and shall not revive expired approvals.(d) The expiration dates for all permits and approvals issued before the tolling period began will be recalculated as of July 1, 2017, by adding thereto the number of days between November 9, 2009, and the day on which the permit or approval would otherwise have expired. The expiration dates for all permits and approvals issued during the tolling period will be recalculated as of July 1, 2017, by adding thereto the number of days between the day the permit or approval was issued and the day the permit or approval otherwise would have expired.History of Section.P.L. 2009, ch. 198, § 2; P.L. 2009, ch. 199, § 2; P.L. 2010, ch. 209, § 1; P.L. 2010, ch. 215, § 1; P.L. 2011, ch. 56, § 2; P.L. 2011, ch. 65, § 2; P.L. 2013, ch. 137, § 2; P.L. 2013, ch. 184, § 2; P.L. 2015, ch. 103, § 2; P.L. 2015, ch. 114, § 2; P.L. 2016, ch. 117, § 1; P.L. 2016, ch. 118, § 1.
RI Gen L § 45-23-64 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-23 - Subdivision of Land|Section 45-23-64 - Procedure - Signing and recording of plats and plans.

§ 45-23-64. Procedure — Signing and recording of plats and plans.(a) All approved final plans and plats for land development and subdivision projects are signed by the appropriate planning board official with the date of approval. Plans and plats for major land developments and subdivisions are signed by the planning board chairperson or the secretary of the planning board attesting to the approval by the planning board. All minor land development or subdivision plans and plats and administrative plats are signed by the planning board chairperson or secretary or the board's designated agent.(b) Upon signature, all plans and plats are submitted to the administrative officer prior to recording and filing in the appropriate municipal departments. The material to be recorded for all plans and plats include all pertinent plans with notes thereon concerning all the essential aspects of the approved project design, the implementation schedule, special conditions placed on the development by the municipality, permits and agreements with state and federal reviewing agencies, and other information required by the planning board.(c) Other parts of the applications record for subdivisions and land development projects, including all meeting records, approved master plan and preliminary plans, site analyses, impact analyses, all legal agreements, records of the public hearing and the entire final approval set of drawings are permanently kept by the municipal departments responsible for implementation and enforcement.(d) The administrative officer shall notify the statewide "911" emergency authority and the local police and fire authorities servicing the new plat with the information required by each of the authorities.History of Section.P.L. 1992, ch. 385, § 1.
RI Gen L § 45-23-65 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-23 - Subdivision of Land|Section 45-23-65 - Procedure - Changes to recorded plats and plans.

§ 45-23-65. Procedure — Changes to recorded plats and plans.(a) For all changes to the approved plans of land development projects or subdivisions subject to this act, an amendment of the final development plans is required prior to the issuance of any building permits. Any changes approved in the final plan shall be recorded as amendments to the final plan in accordance with the procedure established for recording of plats in § 45-23-64.(b) Minor changes, as defined in the local regulations, to a land development or subdivision plan may be approved administratively, by the administrative officer, whereupon a permit 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 planning board. Denial of the proposed change(s) shall be referred to the planning board for review as a major change.(c) Major changes, as defined in the local regulations, to a land development or subdivision plan may be approved, only by the planning board and must follow the same review and public hearing process required for approval of preliminary plans as described in § 45-23-41.(d) Rescission procedure. The planning board, only upon application by all landowners of the plat to be affected, may determine that the application for plat rescission is not consistent with the comprehensive community plan and is not in compliance with the standards and provisions of the municipality's zoning ordinance and/or land development and subdivision review regulations and shall hold a public hearing, which adheres to the requirements for notice described in § 45-23-42. The planning board shall approve, approve with conditions or modifications, or deny the application for rescission of the plat according to the requirements of § 45-23-63. If it is necessary to abandon any street covered under chapter 6 of title 24, the planning board shall submit to the city or town council the documents necessary for the abandonment process. Once the required process for rescission or for rescission and abandonment has been completed, the revised plat shall be signed and recorded as specified in § 45-23-64.History of Section.P.L. 1992, ch. 385, § 1; P.L. 1994, ch. 92, § 1.
RI Gen L § 45-23-66 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-23 - Subdivision of Land|Section 45-23-66 - Appeals - Right of appeal.

§ 45-23-66. Appeals — Right of appeal.(a) Local regulations adopted pursuant to this chapter shall provide that an appeal from any decision of the planning board, or administrative officer charged in the regulations with enforcement of any provisions, except as provided in this section, may be taken to the board of appeal by an aggrieved party. Appeals from a decision granting or denying approval of a final plan shall be limited to elements of the approval or disapproval not contained in the decision reached by the planning board at the preliminary stage, providing that a public hearing has been held on the plan pursuant to § 45-23-42.(b) Local regulations adopted pursuant to this chapter shall provide that an appeal from a decision of the board of appeal may be taken by an aggrieved party to the superior court for the county in which the municipality is situated.History of Section.P.L. 1992, ch. 385, § 1; P.L. 1999, ch. 157, § 1.
RI Gen L § 45-23-67 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-23 - Subdivision of Land|Section 45-23-67 - Appeals - Process of appeal.

§ 45-23-67. Appeals — Process of appeal.(a) An appeal to the board of appeal from a decision or action of the planning board or administrative officer may be taken by an aggrieved party to the extent provided in § 45-23-66. The appeal must be taken within twenty (20) days after the decision has been recorded in the city's or town's land evidence records and posted in the office of the city or town clerk.(b) The appeal shall be in writing and state clearly and unambiguously the issue or decision that is being appealed, the reason for the appeal, and the relief sought. The appeal shall either be sent by certified mail, with a return receipt requested, or be hand-delivered to the board of appeal. The city or town clerk shall accept delivery of an appeal on behalf of the board of appeal, if the local regulations governing land development and subdivision review so provide.(c) Upon receipt of an appeal, the board of appeal shall require the planning board or administrative officer to immediately transmit to the board of appeal, all papers, documents and plans, or a certified copy thereof, constituting the record of the action which is being appealed.History of Section.P.L. 1992, ch. 385, § 1; P.L. 1999, ch. 157, § 1; P.L. 2017, ch. 109, § 1; P.L. 2017, ch. 175, § 1.
RI Gen L § 45-23-68 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-23 - Subdivision of Land|Section 45-23-68 - Appeals - Stay of proceedings.

§ 45-23-68. Appeals — Stay of proceedings.An appeal stays all proceedings in furtherance of the action being appealed.History of Section.P.L. 1992, ch. 385, § 1.
RI Gen L § 45-23-69 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-23 - Subdivision of Land|Section 45-23-69 - Appeals - Public hearing.

§ 45-23-69. Appeals — Public hearing.(a) The board of appeal shall hold a public hearing on the appeal within forty-five (45) days of the receipt of the appeal, give public notice of the hearing, as well as due notice to the parties of interest. At the hearing any party may appear in person, or be represented by an agent or attorney. The board shall render a decision within ten (10) days of the close of the public hearing. The cost of any notice required for the hearing shall be borne by the applicant.(b) The board of appeal shall only hear appeals of the actions of a planning board or administrative officer at a meeting called especially for the purpose of hearing the appeals and which has been so advertised.(c) The hearing, which may be held on the same date and at the same place as a meeting of the zoning board of review, must be held as a separate meeting from any zoning board of review meeting. Separate minutes and records of votes as required by § 45-23-70(d) shall be maintained by the board of appeal.History of Section.P.L. 1992, ch. 385, § 1.