reglab/housing_qa huggingface dataset:
RI Gen L § 45-23-37 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-23 - Subdivision of Land|Section 45-23-37 - General provisions - Administrative subdivision.

§ 45-23-37. General provisions — Administrative subdivision.(a) Any applicant requesting approval of a proposed administrative subdivision, as defined in this chapter, shall submit to the administrative officer the items required by the local regulations.(b) The application shall be certified, in writing, as complete or incomplete by the administrative officer within a fifteen (15) day period from the date of its submission according to the provisions of § 45-23-36(b).(c) Review process:(1) Within fifteen (15) days of certification of completeness, the administrative officer, or the technical review committee, shall review the application and approve, deny or refer it to the planning board with recommendations. The officer or committee shall report its actions to the planning board at its next regular meeting, to be made part of the record.(2) If no action is taken by the administrative officer or the technical review committee within the fifteen (15) days, the application shall be placed on the agenda of the next regular planning board meeting.(d) If referred to the planning board, the board shall consider the application and the recommendations of the administrative officer and/or the technical review committee and either approve, approve with conditions, or deny the application within sixty-five (65) days of certification of completeness. Failure of the planning board to act within the prescribed period constitutes approval of the administrative subdivision plan and a certificate of the administrative officer as to the failure of the planning board or committee to act within the required time and the resulting approval shall be issued on request of the applicant.(e) Denial of an application by the administrative officer and/or the technical review committee is not appealable and requires the plan to be submitted as a minor subdivision application.(f) Any approval of an administrative subdivision shall be evidenced by a written decision which shall be filed and posted in the office of the city or town clerk.(g) Approval of an administrative subdivision expires ninety (90) days from the date of approval unless within that period a plat in conformity with that approval is submitted for signature and recording as specified in § 45-23-64.History of Section.P.L. 1992, ch. 385, § 1; P.L. 1999, ch. 157, § 1; P.L. 2008, ch. 224, § 1; P.L. 2008, ch. 464, § 1.
RI Gen L § 45-23-39 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-23 - Subdivision of Land|Section 45-23-39 - General provisions - Major land development and major subdivision review stages.

§ 45-23-39. General provisions — Major land development and major subdivision review stages.(a) Major plan review is required of all applications for land development and subdivision approval subject to this chapter, unless classified as an administrative subdivision or as a minor land development or a minor subdivision.(b) Major plan review consists of three stages of review, master plan, preliminary plan and final plan, following the pre-application meeting(s) specified in § 45-23-35. Also required is a public informational meeting and a public meeting.(c) The planning board may vote to combine review stages and to modify and/or waive requirements as specified in § 45-23-62. Review stages may be combined only after the planning board determines that all necessary requirements have been met by the applicant.History of Section.P.L. 1992, ch. 385, § 1.
RI Gen L § 45-23-42 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-23 - Subdivision of Land|Section 45-23-42 - General provisions - Major land development and major subdivision - Public hearing and notice.

§ 45-23-42. General provisions — Major land development and major subdivision — Public hearing and notice.(a) A public hearing is 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.(b) Notice requirements. 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 within the municipality following the municipality's usual and customary practices for this kind of advertising. Notice shall be sent to the applicant and to each owner within the notice area, by certified mail, return receipt requested, of the time and place of the hearing not less than ten (10) days prior to the date of the hearing. Notice shall also be sent to any individual or entity holding a recorded conservation or preservation restriction on the property that is the subject of the application. The notice shall also include the street address of the subject property, or if no street address is available, the distance from the nearest existing intersection in tenths (1/10's) of a mile. Local regulations may require a supplemental notice that an application for development approval is under consideration be posted at the location in question. The posting is for informational purposes only and does not constitute required notice of a public hearing.(c) (1) Notice area. The distance(s) for notice of the public hearing shall be specified in the local regulations. The distance may differ by zoning district and scale of development. At a minimum, all abutting property owners to the proposed development's property boundary shall receive notice.(2) Watersheds. Additional notice within watersheds shall also be sent as required in § 45-23-53(b) and (c).(3) Adjacent municipalities. Notice of the public hearing shall be sent by the administrative officer to the administrative officer of an adjacent municipality if (1) the notice area extends into the 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.(d) Notice cost. The cost of all notice shall be borne by the applicant.History of Section.P.L. 1992, ch. 385, § 1; P.L. 2007, ch. 161, § 1; P.L. 2007, ch. 283, § 1.
RI Gen L § 45-23-44 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-23 - Subdivision of Land|Section 45-23-44 - General provisions - Physical design requirements.

§ 45-23-44. General provisions — Physical design requirements.(a) All local regulations shall specify, through reasonable, objective standards and criteria, all physical design requirements for subdivisions and land-development projects that are to be reviewed and approved pursuant to the regulations. Regulations shall specify all requirements and policies for subdivisions and land-development projects that are not contained in the municipality's zoning ordinance.(b) Nothing in this section shall be construed to restrict a municipality's right, within state and local regulations, to establish its own minimum lot size per zoning district in its town or city.(c) The slope of land shall not be excluded from the calculation of the buildable lot area or the minimum lot size, or in the calculation of the number of buildable lots or units.(d) Wetland buffers, as defined in § 2-1-20, shall be included in the calculation of a minimum lot area and in the total number of square feet or acres of a tract or parcel of land before calculating the maximum potential number of units or lots for development; provided, however, that this shall not apply to lots directly abutting surface reservoirs with direct withdrawals used for public drinking water. Nothing herein changes the definition and applicability of a "buildable lot" as set forth under § 45-23-60(a)(4); and nothing herein permits the disturbance of wetlands or wetland buffers or otherwise alters the provisions of the freshwater wetlands act, § 2-1-18 et seq.(e) The requirements and policies may include, but are not limited to: requirements and policies for rights-of-way, open space, landscaping, connections of proposed streets and drainage systems with those of the surrounding neighborhood; public access through property to adjacent public property; and the relationship of proposed developments to natural and man-made features of the surrounding neighborhood.(f) The regulations shall specify all necessary findings, formulas for calculations, and procedures for meeting the requirements and policies. These requirements and policies apply to all subdivisions and land development projects reviewed and/or administered under the local regulations.History of Section.P.L. 1992, ch. 385, § 1; P.L. 2001, ch. 179, § 2; P.L. 2013, ch. 467, § 1; P.L. 2013, ch. 458, § 1; P.L. 2016, ch. 339, § 1; P.L. 2016, ch. 360, § 1.
RI Gen L § 45-23-45 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-23 - Subdivision of Land|Section 45-23-45 - General provisions - Public design and improvement standards.

§ 45-23-45. General provisions — Public design and improvement standards.(a) Public design and improvement standards for development projects shall be specified, through reasonable, objective standards and criteria, in the design and improvement standards section of the local regulations. Appropriate public improvement standards shall be specified for each area or district of the municipality. Standards may include, but are not limited to, specifications for rights-of-way, streets, sidewalks, lighting, landscaping, public access, utilities, drainage systems, fire protection, and soil erosion control.(b) All public improvements required in a land development project or subdivision by a municipality shall reflect the physical character and design for that district that is specified by the municipality's adopted comprehensive plan. Public improvement requirements and standards need not be the same in all areas or districts of a municipality. The technical details of the improvement standards may be contained in an appendix to the local regulations but shall be considered part of the regulations.(c) A town or city that requires the installation of a common cistern or any other water reservoir for fire protection purposes in a residential subdivision may, by ordinance, provide the developer the option in lieu thereof to require the installation of code-compliant residential sprinkler systems in structures for human habitation.History of Section.P.L. 1992, ch. 385, § 1; P.L. 2001, ch. 179, § 2; P.L. 2018, ch. 212, § 1; P.L. 2018, ch. 268, § 1.
RI Gen L § 45-23-46 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-23 - Subdivision of Land|Section 45-23-46 - General provisions - Construction and/or improvement guarantees.

§ 45-23-46. General provisions — Construction and/or improvement guarantees.(a) The local regulations shall require planning board approval of agreements for the completion of all required public improvements prior to final plan approval in the form of (1) completion of actual construction of all improvements, (2) improvement guarantees, or (3) combination thereof.(b) Where improvements are constructed without a financial guarantee, the work is to be completed prior to final approval. All construction shall be inspected and approved under the direction of the administrative officer and according to local regulations.(c) Improvement guarantees shall be in an amount and with all necessary conditions to secure for the municipality the actual construction and complete installation of all the required improvements, within the period specified by the planning board. The amount shall be based on actual cost estimates for all required public improvements and these estimates shall be reviewed and approved by the planning board. The board may fix the guarantee in a reasonable amount in excess of the estimated costs to anticipate for economic or construction conditions. Local regulations may include provisions for the review and/or upgrade of guarantees.(d) The security shall be in the form of a financial instrument acceptable to the approving authority and shall enable the municipality to gain timely access to the secured funds, for cause.(e) The local regulations shall establish procedures for the setting of improvement guarantee amounts, for inspections of improvements, for acceptance of improvements by the municipality and for the release of the improvement guarantees to the applicant. Procedures may include provisions for partial releases of the guarantees as stages of the improvements are completed, inspected and approved under the coordination of the administrative officer and reported to the planning board.(f) In the cases of developments and subdivisions which are being approved and constructed in phases, the planning board shall specify improvement guarantee requirements related to each particular phase.(g) The planning board may also require maintenance guarantees to be provided for a one year period subsequent to completion, inspection and acceptance of the improvement(s) unless there are extenuating circumstances.(h) Procedures for the acceptance of required improvements shall stipulate that all improvements, once inspected and approved, shall be accepted by the municipality or other appropriate municipal agency for maintenance and/or part of the municipal system.(i) The municipality is granted the power to enforce the guarantees by all appropriate legal and equitable remedies.History of Section.P.L. 1992, ch. 385, § 1.
RI Gen L § 45-23-47 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-23 - Subdivision of Land|Section 45-23-47 - General provisions - Requirements for dedication of public land - Public improvements and fees.

§ 45-23-47. General provisions — Requirements for dedication of public land — Public improvements and fees.Where a municipality requires, as a condition of approval of a proposed land development or subdivision project, dedication of land to the public, public improvements, payment-in-lieu of dedication or construction, or payment to mitigate the impacts of a proposed project, local regulations must require the following:(1) All required public improvements must reflect the character defined for that neighborhood or district by the community's comprehensive plan;(2) The need for all dedications of land to the public and for payments-in-lieu of dedications must be clearly documented in the adopted plan of the community, i.e., the comprehensive plan and the capital improvement plan;(3) No dedications of land to the public or payments-in-lieu of dedications may be required until the need for the dedications are identified and documented by the municipality, the land proposed for dedication is determined to be appropriate for the proposed use, and the formulas for calculating a payment-in-lieu of dedication have been established in the local regulations;(4) All dedications, improvements, or payments-in-lieu of dedication or construction, for mitigation of identified negative impacts of proposed projects must meet the previously stated standards. Furthermore, the significant negative impacts of the proposed development on the existing conditions must be clearly documented. The mitigation required as a condition of approval must be related to the significance of the identified impact; and(5) All payment-in-lieu of dedication or construction to mitigate the impacts of the proposed development shall be kept in restricted accounts and shall only be spent on the mitigation of the identified impacts for which it is required.History of Section.P.L. 1992, ch. 385, § 1.
RI Gen L § 45-23-48 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-23 - Subdivision of Land|Section 45-23-48 - Special provisions - Phasing of projects.

§ 45-23-48. Special provisions — Phasing of projects.(a) A municipality may provide for the preliminary and final review stages, and for the construction of major land developments and subdivisions, to be divided into reasonable phases.(b) When local regulations allow development phasing, the regulations must require the following:(1) Approval of the entire site design first as a master plan. Thereafter the development plans may be submitted for preliminary and/or final review and/or approval by phase(s).(2) General standards and regulations for determining physical limits of phases, completion schedules, and guarantees, for allowing progression to additional phases, for allowing two (2) or more phases to proceed in review or construction simultaneously, for interim public improvements or construction conditions, for changes to master or preliminary plans and may include other provisions as necessitated by local conditions.(3) The master plan documents may contain information on the physical limits of the phases, the schedule and sequence of public improvement installation, improvement guarantees, and the work and completion schedules for approvals and construction of the phases.(c) Vesting. The master plan remains vested as long as it can be proved, to the satisfaction of the planning board, that work is proceeding on either the approval stages or on the construction of the development as shown in the approved master plan documents. Vesting extends to all information shown on the approved master plan documents.History of Section.P.L. 1992, ch. 385, § 1.
RI Gen L § 45-23-49 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-23 - Subdivision of Land|Section 45-23-49 - Special provisions - Land development projects.

§ 45-23-49. Special provisions — Land development projects.(a) If municipalities provide for land development projects, as defined in § 45-24-47 of the Rhode Island Zoning Enabling Act of 1991, the projects are subject to the local regulations.(b) In these instances, the local regulations must include all requirements, procedures and standards necessary for proper review and approval of land development projects to ensure consistency with the intent and purposes of this chapter and with § 45-24-47 of the Rhode Island Zoning Enabling Act of 1991.History of Section.P.L. 1992, ch. 385, § 1.
RI Gen L § 45-23-50 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-23 - Subdivision of Land|Section 45-23-50 - Special provisions - Development plan review.

§ 45-23-50. Special provisions — Development plan review.(a) Municipalities may provide for development plan review, as defined in § 45-24-49 of the Rhode Island Zoning Enabling Act of 1991, to be subject to part of the local regulations.(b) In these instances, local regulations must include all requirements, procedures and standards necessary for proper review and recommendations of projects subject to development plan review to ensure consistency with the intent and purposes of this chapter and with § 45-24-49 of the Rhode Island Zoning Enabling Act of 1991.History of Section.P.L. 1992, ch. 385, § 1; P.L. 1996, ch. 404, § 36.
RI Gen L § 45-23-51 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-23 - Subdivision of Land|Section 45-23-51 - Local regulations - Authority to create and administer regulations.

§ 45-23-51. Local regulations — Authority to create and administer regulations.The city or town council shall empower, by ordinance, the planning board to adopt, modify and amend regulations and rules governing land development and subdivision projects within that municipality and to control land development and subdivision projects pursuant to those regulations and rules.History of Section.P.L. 1992, ch. 385, § 1.
RI Gen L § 45-23-52 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-23 - Subdivision of Land|Section 45-23-52 - Local regulations - Procedure for adoption and amendment.

§ 45-23-52. Local regulations — Procedure for adoption and amendment.(a) The local planning board, once authorized by the ordinance required under § 45-23-51, shall adopt or repeal, and provide for the administration, interpretation, and enforcement of land development and subdivision review regulations.(b) Provisions of the local regulations and appendices shall be presented in text and may incorporate maps, and other technical and graphic material. The local regulations, and all of their amendments, shall be consistent with all provisions of this chapter as well as the municipality's comprehensive plan and zoning ordinance.History of Section.P.L. 1992, ch. 385, § 1.
RI Gen L § 45-23-54 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-23 - Subdivision of Land|Section 45-23-54 - Local regulations - Publication and availability.

§ 45-23-54. Local regulations — Publication and availability.(a) 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.(b) Upon publication of local regulations and any amendments to the local regulations, the municipality shall send a copy to the state law library.History of Section.P.L. 1992, ch. 385, § 1; P.L. 1999, ch. 57, § 2; P.L. 2019, ch. 191, § 2; P.L. 2019, ch. 244, § 2.
RI Gen L § 45-23-55 (2021)
2021 Rhode Island General Laws|Title 45 - Towns and Cities|Chapter 45-23 - Subdivision of Land|Section 45-23-55 - Administration - The administrative officer.

§ 45-23-55. Administration — The administrative officer.(a) Local administration of the local regulations is under the direction of the administrative officer, who reports to the planning board.(b) The local regulations specify the process of appointment and the responsibilities of the administrative officer who oversees and coordinates the review, approval, recording and enforcement provisions of the local regulations. The administrative officer serves as the chair of the technical review committee, where established. The local regulations state minimum qualifications for this position regarding appropriate education, training or experience in land use planning and site plan review.(c) The administrative officer is responsible for coordinating reviews of proposed land development projects and subdivisions with adjacent municipalities as is necessary to be consistent with applicable federal, state and local laws and as directed by the planning board.(d) Enforcement of the local regulations is under the direction of the administrative officer. The officer is responsible for coordinating the enforcement efforts of the zoning enforcement officer, the building inspector, planning department staff, the city or town engineer, the department of public works and other local officials responsible for the enforcement or carrying out of discrete elements of the regulations.History of Section.P.L. 1992, ch. 385, § 1.