§ 45-23-36. General provisions — Authority and application for development and certification of
completeness.
(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 initially be reviewed by the administrative officer solely for
the purpose to determine whether the application lacks information required for the
respective applications type as specified in the local checklist, and whether the
applicant lacks items or information which was required as a condition of a previous
approval stage(s) for the same project. 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. An application shall not
be deemed incomplete for reasons other than the failure to supply an item or items
listed on the applicable checklist.
(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.