reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-23 - Subdivision of Land › Section 45-23-27. - Applicability. [Effective until January 1, 2024.]

§ 45-23-27. Applicability. [Effective until January 1, 2024.]
(a)
Sections 45-23-25 — 45-23-74 and all local regulations are applicable in all of the following instances:
(1)
In all cases of subdivision of land, including re-subdivision, as defined in § 45-23-32, all provisions of §§ 45-23-25 — 45-23-74 apply;
(2)
In all cases of land development projects, as provided for in § 45-24-47 of the Zoning Enabling Act of 1991, where a municipality has allowed for the land development projects in its local zoning ordinance; and/or
(3)
In all cases of development plan review, as provided for in § 45-24-49 of the Zoning Enabling Act of 1991, where a municipality has established, within their zoning ordinance, the procedures for planning board review of applications.
(b)
Plats required.
(1)
All activity defined as subdivision requires a new plat, drawn to the specifications of the local regulations, and reviewed and approved by the planning board or its agents as provided in this chapter; and
(2)
Prior to recording, the approved plat shall be submitted for signature and recording as specified in § 45-23-64.
History of Section.
P.L. 1992, ch. 385, § 1.
§ 45-23-27. Applicability. [Effective January 1, 2024.]
(a)
§§ 45-23-25 — 45-23-74 and all local regulations are applicable to all applications under this chapter.
(b)
Plats required.
(1)
All activity defined as a subdivision requires a new plat, drawn to the specifications of the local regulations, and reviewed and approved by the planning board or its agents as provided in this chapter; and
(2)
Prior to recording, the approved plat shall be submitted for signature and recording as specified in § 45-23-64.
History of Section.
P.L. 1992, ch. 385, § 1; P.L. 2023, ch. 308, § 1, effective January 1, 2024; P.L. 2023, ch. 309, § 1, effective January 1, 2024.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-23 - Subdivision of Land › Section 45-23-28. - Continuation of ordinances — Supersession — Relation to other statutes.

§ 45-23-28. Continuation of ordinances — Supersession — Relation to other statutes.
(a)
Any land development and subdivision review ordinance, regulation or rule, or amendment, enacted after December 31, 1994 shall conform to the provisions of this chapter. All lawfully adopted land development and subdivision review ordinances, regulations, and rules shall be brought into conformance with this chapter by December 31, 1995.
(b)
All subdivision ordinances, regulations or rules adopted under authority of §§ 45-23-1 through 45-23-24, or any special subdivision enabling act that is in effect on July 21, 1992 remains in full force and effect until December 31, 1995, unless amended earlier so as to conform to the provisions of this chapter.
(c)
Sections 45-23-1 through 45-23-24 and all special subdivision enabling acts in effect on July 21, 1992 are repealed effective December 31, 1995.
(d)
Nothing contained in this chapter and no local ordinance, rule or regulation adopted under this chapter impairs the validity of any plat legally recorded prior to the effective date of the ordinance, rule or regulation.
History of Section.
P.L. 1992, ch. 385, § 1; P.L. 1993, ch. 36, §§ 1, 2; P.L. 1993, ch. 144, §§ 1, 2; P.L. 1994, ch. 92, § 2; P.L. 2009, ch. 310, § 54.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-23 - Subdivision of Land › Section 45-23-30. - General purposes of land development and subdivision review ordinances, regulations and rules.

§ 45-23-30. General purposes of land development and subdivision review ordinances, regulations and rules.
Land development and subdivision review ordinances, regulations and rules shall be developed and maintained in accordance with this chapter and with a comprehensive plan which complies with chapter 22.2 of this title and a zoning ordinance which complies with § 45-24-27 et seq. Local regulations shall address the following purposes:
(1)
Providing for the orderly, thorough and expeditious review and approval of land developments and subdivisions;
(2)
Promoting high quality and appropriate design and construction of land developments and subdivisions;
(3)
Promoting the protection of the existing natural and built environment and the mitigation of all significant negative impacts of any proposed development on the existing environment;
(4)
Promoting design of land developments and subdivisions which are well-integrated with the surrounding neighborhoods with regard to natural and built features, and which concentrate development in areas which can best support intensive use by reason of natural characteristics and existing infrastructure;
(5)
Encouraging local design and improvement standards to reflect the intent of the community comprehensive plans with regard to the physical character of the various neighborhoods and districts of the municipality;
(6)
Promoting thorough technical review of all proposed land developments and subdivisions by appropriate local officials;
(7)
Encouraging local requirements for dedications of public land, impact mitigation, and payment-in-lieu thereof, to be based on clear documentation of needs and to be fairly applied and administered; and
(8)
Encouraging the establishment and consistent application of procedures for local record-keeping on all matters of land development and subdivision review, approval and construction.
History of Section.
P.L. 1992, ch. 385, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-23 - Subdivision of Land › Section 45-23-31. - Purpose and consistency with comprehensive plan, zoning ordinance and other local land use regulations.

§ 45-23-31. Purpose and consistency with comprehensive plan, zoning ordinance and other local land use regulations.
(a)
Local regulations adopted pursuant to this chapter shall provide a statement of purposes. These purposes shall be consistent with purposes stated in chapters 22.2 and 24 of this title concerning comprehensive plans and zoning ordinances, respectively, as well as with § 45-23-30. The local regulations shall also be consistent with the adopted local comprehensive plan, local zoning ordinance and all other duly adopted local development regulations.
(b)
In the instance of uncertainty in the construction or application of any section of the local regulations, the local regulations shall be construed in a manner that will further the implementation of, and not be contrary to, the goals and policies and applicable elements of the comprehensive plan. Furthermore, the local regulations shall be construed in a manner which is consistent with the legislative findings, intents, and purposes of §§ 45-23-25 — 45-23-74.
History of Section.
P.L. 1992, ch. 385, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-23 - Subdivision of Land › Section 45-23-33. - General provisions — Required contents of local regulations.

§ 45-23-33. General provisions — Required contents of local regulations.
The local regulations consist of the regulations and other text, together with charts, graphs, appendices and other explanatory material. All local regulations include, at a minimum, the elements listed below and as further described in this chapter:
(1)
Statement of enabling authority for land development and subdivision derived from § 45-23-25 et seq.;
(2)
Statement of the city or town enabling ordinance as specified in § 45-23-51;
(3)
Statement of purpose and consistency with the comprehensive plan, the zoning ordinance and other federal, state and local land use regulations;
(4)
Definitions;
(5)
General provisions;
(6)
Special provisions;
(7)
Procedures for review and approval of plats and plans;
(8)
Procedures for recording of plats and plans;
(9)
Procedures for guarantees of public improvements;
(10)
Procedures for waivers and modifications;
(11)
Procedures for enforcement and penalties;
(12)
Procedures for the adoption of the regulations and amendments;
(13)
Procedures for the administration of the regulations and amendments;
(14)
Procedures for appeals;
(15)
Design and public improvement standards for all districts within the municipality;
(16)
Construction specifications for improvement standards; and
(17)
Specification of all application documents and other documents to be submitted.
History of Section.
P.L. 1992, ch. 385, § 1.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-23 - Subdivision of Land › Section 45-23-34. - General provisions — Definitions. [Repealed effective January 1, 2024.]

§ 45-23-34. General provisions — Definitions. [Repealed effective January 1, 2024.]
Local regulations adopted pursuant to this chapter shall provide definitions for words or phrases contained in the regulations as is deemed appropriate. Where words or phrases used in any local regulations, whether or not defined in those regulations, are substantially similar to words or phrases defined in § 45-23-32 of this chapter, or § 45-22.2-4 of the Comprehensive Planning and Land Use Act or § 45-24-31 of the Zoning Enabling Act of 1991 the words or phrases shall be construed according to the definitions provided in those sections of the law.
History of Section.
P.L. 1992, ch. 385, § 1.
§ 45-23-34. General provisions — Definitions. [Repealed effective January 1, 2024.]
History of Section.
P.L. 1992, ch. 385, § 1; repealed by P.L. 2023, ch. 308, § 3, effective January 1, 2024; repealed by P.L. 2023, ch. 309, § 3, effective January 1, 2024.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-23 - Subdivision of Land › Section 45-23-35. - General provisions — Pre-application meetings and concept review.

§ 45-23-35. General provisions — Pre-application meetings and concept review.
(a)
One or more pre-application meetings shall be held for all major land development or subdivision applications. Pre-application meetings may be held for administrative and minor applications, upon request of either the municipality or the applicant. Pre-application meetings allow the applicant to meet with appropriate officials, boards and/or commissions, planning staff, and, where appropriate, state agencies, for advice as to the required steps in the approvals process, the pertinent local plans, ordinances, regulations, rules and procedures and standards which may bear upon the proposed development project.
(b)
At the pre-application stage the applicant may request the planning board or the technical review committee for an informal concept plan review for a development. The purpose of the concept plan review is also to provide planning board or technical review committee input in the formative stages of major subdivision and land development concept design.
(c)
Applicants seeking a pre-application meeting or an informal concept review shall submit general, conceptual materials in advance of the meeting(s) as requested by municipal officials.
(d)
Pre-application meetings aim to encourage information sharing and discussion of project concepts among the participants. Pre-application discussions are intended for the guidance of the applicant and are not considered approval of a project or its elements.
(e)
Provided that at least one pre-application meeting has been held for major land development or subdivision application or sixty (60) days has elapsed from the filing of the pre-application submission and no pre-application meeting has been scheduled to occur within those sixty (60) days, nothing shall be deemed to preclude an applicant from thereafter filing and proceeding with an application for a land development or subdivision project in accordance with § 45-23-36.
History of Section.
P.L. 1992, ch. 385, § 1; P.L. 1999, ch. 157, § 1.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-23 - Subdivision of Land › Section 45-23-49. - Special provisions — Land development projects. [Repealed effective January 1, 2024.]

§ 45-23-49. Special provisions — Land development projects. [Repealed effective January 1, 2024.]
(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.
§ 45-23-49. Special provisions — Land development projects. [Repealed effective January 1, 2024.]
History of Section.
P.L. 1992, ch. 385, § 1; repealed by P.L. 2023, ch. 308, § 3, effective January 1, 2024; repealed by P.L. 2023, ch. 309, § 3, effective January 1, 2024.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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) Zoning board.
(1)
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.
2023 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 planning board members present at the time of the vote. 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; P.L. 2022, ch. 208, § 1, effective January 1, 2023; P.L. 2022, ch. 209, § 1, effective January 1, 2023.
2023 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.
2023 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.
2023 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.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-23 - Subdivision of Land › Section 45-23-66. - Appeals — Right of appeal. [Repealed effective January 1, 2024.]

§ 45-23-66. Appeals — Right of appeal. [Repealed effective January 1, 2024.]
(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.
§ 45-23-66. Appeals — Right of appeal. [Repealed effective January 1, 2024.]
History of Section.
P.L. 1992, ch. 385, § 1; P.L. 1999, ch. 157, § 1; repealed by P.L. 2023, ch. 308, § 3, effective January 1, 2024; repealed by P.L. 2023, ch. 309, § 3, effective January 1, 2024.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-23 - Subdivision of Land › Section 45-23-68. - Appeals — Stay of proceedings. [Repealed effective January 1, 2024.]

§ 45-23-68. Appeals — Stay of proceedings. [Repealed effective January 1, 2024.]
An appeal stays all proceedings in furtherance of the action being appealed.
History of Section.
P.L. 1992, ch. 385, § 1.
§ 45-23-68. Appeals — Stay of proceedings. [Repealed effective January 1, 2024.]
History of Section.
P.L. 1992, ch. 385, § 1; repealed by P.L. 2023, ch. 308, § 3, effective January 1, 2024; repealed by P.L. 2023, ch. 309, § 3, effective January 1, 2024.
2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-23 - Subdivision of Land › Section 45-23-69. - Appeals — Public hearing. [Repealed effective January 1, 2024.]

§ 45-23-69. Appeals — Public hearing. [Repealed effective January 1, 2024.]
(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.
§ 45-23-69. Appeals — Public hearing. [Repealed effective January 1, 2024.]
History of Section.
P.L. 1992, ch. 385, § 1; repealed by P.L. 2023, ch. 308, § 3, effective January 1, 2024; repealed by P.L. 2023, ch. 309, § 3, effective January 1, 2024.