§ 105. Vested Rights, Continuation of Prior Regulations

A. Subdivisions which have been submitted to the Planning Board for approval under the provisions of the Regulations in effect prior to an adoption or amendment may be continued to be reviewed by the Planning Board and approved under those Regulations in effect at the time in accordance with the following:

1. Final Approvals. Any subdivision which, at the time of adoption or amendment of these Regulations, has received a final approval, or final approval with conditions, from the Planning Board, may initiate or construct any part of the development, or record said plans in accordance with the Subdivision Regulations in effect at the time final approval was granted. The Planning Board, may, in its discretion, grant extensions to any such final approval in accordance with the procedure for such extensions as set forth in the Regulations in effect at the time of the final approval.

2. Preliminary Approvals. Any subdivision which, at the time of adoption or amendment of these Regulations, has received a preliminary approval, or preliminary approval with conditions, from the Planning Board, may continue to be reviewed by the Planning Board in accordance with the Subdivisions Regulations in effect at the time preliminary approval was granted provided any one of the following conditions have been met:

a. The final plan, including all the material required in the final plan checklist, is filed with the Planning Department within one (1) year from the date of the preliminary approval; or,

b. The subdivision is located within an area, and is of a nature to be, within the jurisdiction of the Rhode Island Coastal Resources Management Council (CRMC) and the preliminary plan, as approved by the Planning Board, has been filed with CRMC for an assent or approval as required; or,

c. The subdivision is located within an area, and is of a nature to be, within the jurisdiction of the Rhode Island Department of Environmental Management (RIDEM) and the preliminary plan, as approved by the Planning Board, has been filed with RIDEM for a permit or approval as required; or,

d. The applicant has expended significant monies in the preparation of the preliminary plans in an amount that, if preliminary approval were to become void and a new application under the revised subdivision regulations were to be required, a significant economic hardship would result. The Planning Board shall determine what constitutes "significant economic hardship".

3. Other Status. Any subdivision which, at the time of adoption or amendment of these Regulations, has not received a final or preliminary approval; or has been reviewed by the Planning Board for preliminary but no approval therefore has been granted; or has received a preliminary approval more than one (1) year prior to the date of the adoption or amendment of these Regulations; or for which only a pre-application conference or conferences have been conducted, shall be required to be reviewed under the Subdivision Regulations currently in place pursuant to the Rhode Island Land Development and Subdivision Review Enabling Act of 1992.