§ 45-23-50.1. Special provisions — Unified development review.
(a) A municipal zoning ordinance shall provide for unified development review pursuant
to § 45-24-46.4, and the local regulations must include procedures for the filing, review, and approval
of applications, pursuant to § 45-24-46.4 and this section.
(b) Review of projects submitted under the unified development review provisions of the
regulations shall adhere to the procedures, timeframes, and standards of the underlying
category of the project as listed in § 45-23-36, but shall also include the following procedures:
(1) Minor subdivisions and land development projects. Except for dimensional relief granted by modification as set forth in §§ 45-23-38 and 45-24-46, requests for variances and/or for the issuance of special-use permits related to
minor subdivisions and land development projects shall be submitted as part of the
application materials for the preliminary plan stage of review or if combined, for
the first stage of reviews. A public hearing on the application, including any variance
and special-use permit requests that meets the requirements of subsection (d) of this
section shall be held prior to consideration of the preliminary plan by the planning
board or commission. The planning board or commission shall conditionally approve
or deny the request(s) for the variance(s) and/or special-use permit(s) before considering
the preliminary plan application for the minor subdivision or land development project.
Approval of the variance(s) and/or special-use permit(s) shall be conditioned on approval
of the final plan of the minor subdivision or land development project.
(2) Development plan review. Except for dimensional relief granted by modification as set forth in §§ 45-23-50 and 45-24-46, requests for relief from the literal requirements of the zoning ordinance and/or
for the issuance of special-use permits shall be submitted as part of the application
materials for the preliminary plan stage of review. A public hearing on the application,
including any variance and special-use permit requests that meets the requirements
of subsection (d) of this section shall be held prior to consideration of the preliminary
plan by the relevant permitting authority. The authorized permitting authority shall
conditionally approve or deny the request(s) for the variance(s) and/or special-use
permit(s) before considering the preliminary plan application. Approval of the variance(s)
and/or special-use permit(s) shall be conditioned on approval of the final plan of
the minor subdivision or land development project.
(3) Major subdivisions and land development projects — Master plan. Except for dimensional relief granted by modification as set forth in § 45-23-39, requests for variances for relief from the literal requirements of the zoning ordinance
and/or for the issuance of a special-use permit related to major subdivisions and
land development projects shall be submitted as part of the application materials
for the master plan stage of review, or if combined, the first stage of review. A
public hearing on the application, including any variance and special-use permit requests,
that meets the requirements of subsection (d) of this section, shall be held prior
to consideration of the master plan by the planning board or commission. The planning
board or commission shall conditionally approve or deny the requests for the variance(s)
and/or special-use permit(s) before considering the master plan application for the
major subdivision or land development project. Approval of the variance(s) and/or
special-use permit(s) shall be conditioned on approval of the final plan of the major
subdivision or land development project.
(4) Major subdivisions and land development projects — Preliminary plan. During the preliminary plan stage of review, applicants shall have the ability to
request alteration of any variance(s) and/or special-use permit(s) granted by the
planning board or commission during the master plan stage of review, and/or to request
new variance(s) and/or special-use permit(s), based on the outcomes of the more detailed
planning and design necessary for the preliminary plan. If necessary, the applicant
shall submit such requests and all supporting documentation along with the preliminary
plan application materials. If the applicant requests new or additional zoning relief
at this stage, a public hearing on the application, that meets the requirements of
subsection (d) of this section, shall be held prior to consideration of the preliminary
plan by the planning board or commission. The planning board or commission shall conditionally
approve, amend, or deny the requests for alteration(s), new variance(s), and/or new
special-use permit(s), before considering the preliminary plan application for the
major subdivision or land development project. Approval of the alteration(s), new
variance(s), and/or new special-use permit(s) shall be conditioned on approval of
the final plan of the major subdivision or land development project. If the planning
board or commission denies the request for alteration(s), new variance(s), and/or
new special-use permit(s), the planning board shall have the option of remanding the
application back to the master plan stage of review. Alternatively, if the planning
board or commission denies the request for alteration(s), new variance(s), and/or
new special-use permit(s), the applicant may consent to an extension of the decision
period mandated by § 45-23-39 so that additional information can be provided and reviewed by the board or commission.
(c) Decision. The time periods by which the planning board or commission must approve or deny applications
for variances and special-use permits under the unified development review provisions
of the local regulations shall be the same as the time periods by which the board
must make a decision on the applicable review stage of the category of project under
review.
(d) Unless otherwise provided in this chapter all applications under this section shall
require a single public hearing, held pursuant to subsection (b) of this section.
The public hearing must meet the following requirements:
(1) Public hearing notice shall adhere to the requirements found in § 45-23-42(1);
(2) The notice area for notice of the public hearing shall be specified in the local regulations,
and shall, at a minimum, include all property located in or within not less than two
hundred feet (200′) of the perimeter of the area included in the subdivision and/or
land development project. Notice of the public hearing shall be sent by the administrative
officer to the administrative officer of an adjacent municipality if: (i) The notice
area extends into the adjacent municipality; or (ii) The development site extends
into the adjacent municipality; or (iii) There is a potential for significant negative
impact on the adjacent municipality. Additional notice within watersheds shall also
be sent as required in § 45-23-53(b) and (c);
(3) Public notice shall indicate that dimensional variance(s), use variance(s), and/or
special-use permit(s) are to be considered for the subdivision and/or land development
project; and
(4) The cost of all public notice is to be borne by the applicant.
(e) The time periods by which the permitting authority must approve, approve with conditions,
or deny requests for variances and special-use permits under the unified development
review provisions of a zoning ordinance shall be the same as the time periods by which
the board must make a decision on the applicable review stage of the underlying type
of project under review.
(f) The expiration periods of an approval of a variance or special use permit granted
under this section shall be the same as those set forth in the statute for the underlying
type of project under review.
(g) Decisions under this section, including requests for the variance(s) and/or special-use
permits that are denied by the permitting authority, may be appealed pursuant to § 45-23-71.