2023 Rhode Island General Laws › Title 45 - Towns and Cities › Chapter 45-23 - Subdivision of Land › Section 45-23-36. - General provisions — Application for development and certification of completeness. [Effective until January 1, 2024.]

§ 45-23-36. General provisions — Application for development and certification of completeness. [Effective until January 1, 2024.]
(a) Classification.
The administrative officer shall advise the applicant as to which approvals are required and the appropriate board for hearing an application for a land development or subdivision project. The following types of applications, as defined in § 45-23-32, may be filed:
(1)
Administrative subdivision;
(2)
Minor subdivision or minor land development plan; and
(3)
Major subdivision or major land development plan.
(b) Certification of a complete application.
An application shall be complete for purposes of commencing the applicable time period for action when so certified by the administrative officer. Every certification of completeness required by this chapter shall be in writing. In the event the certification of the application is not made within the time specified in this chapter for the type of plan, the application is deemed complete for purposes of commencing the review period unless the application lacks information required for these applications as specified in the local regulations and the administrative officer has notified the applicant, in writing, of the deficiencies in the application.
(c)
Notwithstanding subsections (a) and (b) of this section, the planning board may subsequently require correction of any information found to be in error and submission of additional information specified in the regulations but not required by the administrative officer prior to certification, as is necessary to make an informed decision.
(d)
Where the review is postponed with the consent of the applicant, pending further information or revision of information, the time period for review is stayed and resumes when the administrative officer or the planning board determines that the required application information is complete.
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.
§ 45-23-36. General provisions — Authority and application for development and certification of completeness. [Effective January 1, 2024.]
(a)
Authority.
Municipalities shall provide for the submission and approval of land development projects and subdivisions, as such terms are defined in the Rhode Island Zoning Enabling Act of 1991, and/or this chapter, and such are subject to the local regulations which shall be consistent with the requirements of this chapter. The local regulations must include all requirements, procedures, and standards necessary for proper review and approval of applications made under this chapter 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.
(b)
Classification.
In accordance with this chapter, the administrative officer shall advise the applicant as to which category of approval is required for a project. An applicant shall not be required to obtain both land development and development plan review, for the same project. The following categories of applications, as defined in this chapter, may be filed:
(1) Subdivisions.
Administrative subdivision, minor subdivision, or major subdivision;
(2) Land development projects.
Minor land development or major land development; and
(3) Development plan review.
(c)
Certification of a complete application.
An application shall be complete for purposes of commencing the applicable time period for action when so certified by the administrative officer. Every certification of completeness required by this chapter shall be in writing. In the event the certification of the application is not made within the time specified in this chapter for the type of plan, the application is deemed complete for purposes of commencing the review period unless the application lacks information required for these applications as specified in the local regulations and the administrative officer has notified the applicant, in writing, of the deficiencies in the application. See §§ 45-23-38, 45-23-39, and 45-23-50 for applicable certification timeframes and requirements.
(d)
Notwithstanding other provisions of this section, the planning board may subsequently require correction of any information found to be in error and submission of additional information specified in the regulations but not required by the administrative officer prior to certification, as is necessary to make an informed decision.
(e)
Where the review is postponed with the consent of the applicant, pending further information or revision of information, the time period for review is stayed and resumes when the administrative officer or the planning board determines that the required application information is complete.
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; P.L. 2023, ch. 308, § 1, effective January 1, 2024; P.L. 2023, ch. 309, § 1, effective January 1, 2024.