§ 45-23-60 - Procedure – Required findings. - Rhode Island Statutes

SECTION 45-23-60

   § 45-23-60  Procedure – Requiredfindings. – (a) All local regulations shall require that for all administrative, minor, andmajor development applications the approving authorities responsible for landdevelopment and subdivision review and approval shall address each of thegeneral purposes stated in § 45-23-30 and make positive findings on thefollowing standard provisions, as part of the proposed project's record priorto approval:

   (1) The proposed development is consistent with thecomprehensive community plan and/or has satisfactorily addressed the issueswhere there may be inconsistencies;

   (2) The proposed development is in compliance with thestandards and provisions of the municipality's zoning ordinance;

   (3) There will be no significant negative environmentalimpacts from the proposed development as shown on the final plan, with allrequired conditions for approval;

   (4) The subdivision, as proposed, will not result in thecreation of individual lots with any physical constraints to development thatbuilding on those lots according to pertinent regulations and buildingstandards would be impracticable. (See definition of Buildable lot). Lots withphysical constraints to development may be created only if identified aspermanent open space or permanently reserved for a public purpose on theapproved, recorded plans; and

   (5) All proposed land developments and all subdivision lotshave adequate and permanent physical access to a public street. Lot frontage ona public street without physical access shall not be considered in compliancewith this requirement.

   (b) Except for administrative subdivisions, findings of factmust be supported by legally competent evidence on the record which disclosesthe nature and character of the observations upon which the fact finders acted.