2023 -- H 6086
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LC001890
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S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
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A N A C T
RELATING TO TOWNS AND CITIES -- RHODE ISLAND COMPREHENSIVE PLANNING
AND LAND USE ACT
Introduced By: Representatives Corvese, Shekarchi, Casey, O'Brien, Cardillo, Phillips,
Bennett, Hull, J. Brien, and Azzinaro
Date Introduced: March 03, 2023
Referred To: House Municipal Government & Housing
It is enacted by the General Assembly as follows:
SECTION 1. Section 45-22.2-8 of the General Laws in Chapter 45-22.2 entitled "Rhode 1
Island Comprehensive Planning and Land Use Act" is hereby amended to read as follows: 2
45-22.2-8. Preparation, adoption, and amendments of comprehensive plans. 3
(a) The preparation of a comprehensive plan shall be conducted according to the following 4
provisions in addition to any other provision that may be required by law: 5
(1) In addition to the duties established by chapter 45-22, local planning board or 6
commission, to the extent that those provisions do not conflict with the requirements of this chapter, 7
a planning board or commission has the sole responsibility for performing all those acts necessary 8
to prepare a comprehensive plan for a municipality. 9
(2) Municipalities which choose to conduct joint planning and regulatory programs 10
pursuant to this section shall designate and establish a local planning committee which has 11
responsibility for the comprehensive planning program. 12
(3) The conduct of the planning board, commission, or the local planning committee shall 13
include: 14
(i) Preparation of the comprehensive plan, including the implementation program 15
component. 16
(ii) Citizen participation through the dissemination of information to the public and 17
solicitation of both written and oral comments during the preparation of the plan. 18
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(iii) Conducting a minimum of one public hearing. 1
(iv) Submission of recommendations to the municipal legislative body regarding the 2
adoption of the plan or amendment. 3
(4) The municipality may enter into a formal written agreement with the chief to conduct 4
a review of a draft plan or amendment in order to provide comments prior to the public hearing by 5
the planning board, commission, or committee. 6
(b) The adoption or amendment of a comprehensive plan shall be conducted according to 7
the following provisions in addition to any other provision that may be required by law: 8
(1) Prior to the adoption or amendment of a comprehensive plan, the city or town council 9
shall first conduct a minimum of one public hearing. 10
(2) A comprehensive plan is adopted, for the purpose of conforming municipal land use 11
decisions and for the purpose of being transmitted to the chief for state review, when it has been 12
incorporated by reference into the municipal code of ordinances by the legislative body of the 13
municipality. All ordinances dealing with the adoption of or amendment to a municipal 14
comprehensive plan shall contain language stating that the comprehensive plan ordinance or 15
amendment shall not become effective for the purposes of guiding state agency actions until it is 16
approved by the State of Rhode Island pursuant to the methods stated in this chapter, or pursuant 17
to any rules and regulations adopted pursuant to this chapter. The comprehensive plan of a 18
municipality shall not take effect for purposes of guiding state agency actions until approved by 19
the chief or the Rhode Island superior court. 20
(3) A municipality may not amend its comprehensive plan more than four (4) times in any 21
one calendar year. Amendments that are required to address the findings of the chief, changes to 22
the state guide plan, or changes to this act shall not be included under this provision. 23
(c) The intent of this section is to provide for the dissemination and discussion of proposals 24
and alternatives to the proposed comprehensive plan by means of either individual or joint 25
legislative and planning commission hearings which disseminate information to the public and 26
which seek both written and oral comments from the public. Public hearing requirements for either 27
joint hearings or for individual hearings of the planning board or commission and for the municipal 28
legislative body shall include the following: 29
(1) Prior to the adoption of, or amendment to, a comprehensive plan, notice shall be given 30
of the public hearing by publication of notice in a newspaper of general local circulation within the 31
city or town at least once each week for three (3) successive weeks prior to the date of the hearing, 32
which may include the week in which the hearing is to be held, at which hearing opportunity shall 33
be given to all persons interested to be heard. Written notice, which may be a copy of the newspaper 34
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notice, The same notice shall be posted in the town or city clerk's office and one other municipal 1
building in the municipality and shall also be posted on the home page of the municipal website. 2
The notice shall be mailed to the statewide planning program of the department of administration. 3
The newspaper notice shall be published as a display advertisement, using a type size at least as 4
large as the normal type size used by the newspaper in its news articles, and notice shall: 5
(i) Specify the place of the hearing and the date and time of its commencement; 6
(ii) Indicate that adoption of, or amendment to, the comprehensive plan is under 7
consideration; 8
(iii) Contain a statement of the proposed amendments to the comprehensive plan that may 9
be printed once in its entirety, or summarize and describe the matter under consideration; the plan 10
need not be published in its entirety; 11
(iv) Advise those interested where and when a copy of the matter under consideration may 12
be obtained or examined and copied; and 13
(v) State that the plan or amendment may be altered or amended prior to the close of the 14
public hearing without further advertising, as a result of further study or because of the views 15
expressed at the public hearing. Any alteration or amendment must be presented for comment in 16
the course of the hearing. 17
SECTION 2. Sections 45-23-42 and 45-23-53 of the General Laws in Chapter 45-23 18
entitled "Subdivision of Land" are hereby amended to read as follows: 19
45-23-42. General provisions — Major land development and major subdivision — 20
Public hearing and notice. 21
(a) A public hearing is required for a major land development project or a major subdivision 22
or where a street extension or creation requires a public hearing for a minor land development 23
project or minor subdivision. 24
(b) Notice requirements. Public notice of the hearing shall be given at least fourteen (14) 25
days prior to the date of the hearing in a newspaper of general local circulation within the 26
municipality following the municipality’s usual and customary practices for this kind of 27
advertising. The same notice shall be posted in the town or city clerk's office and one other 28
municipal building in the municipality and shall also be posted on the home page of the municipal 29
website. Notice shall be sent to the applicant and to each owner within the notice area, by certified 30
mail, return receipt requested first class mail, of the time and place of the hearing not less than ten 31
(10) days prior to the date of the hearing. Notice shall also be sent to any individual or entity holding 32
a recorded conservation or preservation restriction on the property that is the subject of the 33
application. The notice shall also include the street address of the subject property, or if no street 34
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address is available, the distance from the nearest existing intersection in tenths (1/10’s) of a mile. 1
Local regulations may require a supplemental notice that an application for development approval 2
is under consideration be posted at the location in question. The posting is for informational 3
purposes only and does not constitute required notice of a public hearing. For any notice sent by 4
first-class mail, the sender of the notice shall utilize and obtain a United States Postal Service 5
certificate of mailing, PS form 3817, or any applicable version thereof, to demonstrate proof of 6
such mailing. 7
(c) Notice area. 8
(1) The distance(s) for notice of the public hearing shall be specified in the local 9
regulations. The distance may differ by zoning district and scale of development. At a minimum, 10
all abutting property owners to the proposed development’s property boundary shall receive notice. 11
(2) Watersheds. Additional notice within watersheds shall also be sent as required in § 45-12
23-53(b) and (c). 13
(3) Adjacent municipalities. Notice of the public hearing shall be sent by the administrative 14
officer to the administrative officer of an adjacent municipality if (1) the notice area extends into 15
the adjacent municipality, or (2) the development site extends into the adjacent municipality, or (3) 16
there is a potential for significant negative impact on the adjacent municipality. 17
(d) Notice cost. The cost of all notice newspaper and mailing notices shall be borne by the 18
applicant. 19
45-23-53. Local regulations — Public hearing and notice requirements. 20
(a) No local regulations shall be adopted, repealed, or amended until after a public hearing 21
has been held upon the question before the city or town planning board. The city or town planning 22
board shall first give notice of the public hearing by publication of notice in a newspaper of general 23
local circulation within the municipality at least once each week for three (3) successive weeks 24
prior to the date of the hearing, which may include the week in which the hearing is to be held. The 25
same notice shall be posted in the town or city clerk's office and one other municipal building in 26
the municipality and shall also be posted on the home page of the municipal website. At this 27
hearing, opportunity shall be given to all persons interested on being heard upon the matter of the 28
proposed regulations. The newspaper notice shall be published as a display advertisement, using a 29
type size at least as large as the normal type size used by the newspaper in its news articles, and 30
shall: 31
(1) Specify the place of the hearing and the date and time of its commencement; 32
(2) Indicate that adoption, amendment, or repeal of local regulations is under consideration; 33
(3) Contain a statement of the proposed amendments to the regulations that may be printed 34
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once in its entirety, or may summarize or describe the matter under consideration as long as the 1
intent and effect of the proposed regulation is expressly written in that notice; 2
(4) Advise those interested where and when a copy of the matter under consideration may 3
be obtained or examined and copied; and 4
(5) State that the proposals shown on the notice may be altered or amended prior to the 5
close of the public hearing without further advertising as a result of further study or because of the 6
views expressed at the public hearing. Any alteration or amendment must be presented for comment 7
in the course of the hearing. 8
(b) Notice of the public hearing shall be sent by first-class mail to the city or town planning 9
board of any municipality where there is a public or quasi-public water source, or private water 10
source that is used, or is suitable for use, as a public water source, located within two thousand feet 11
(2,000′) of the municipal boundaries. 12
(c) Notice of a public hearing shall be sent to the governing body of any state or municipal 13
water department or agency, special water district, or private water company that has riparian rights 14
to a surface water resource and/or surface watershed that is used, or is suitable for use, as a public 15
water source, located within either the municipality or two thousand feet (2,000′) of the municipal 16
boundaries; provided, that a map survey has been filed with the building inspector as specified in 17
§ 45-24-53(f). 18
(d) Notwithstanding any of the requirements set forth in subsections (a) through (c) above, 19
each municipality shall establish and maintain a public notice registry allowing any person or entity 20
to register for electronic notice of any changes to the local regulations. Municipalities shall annually 21
provide public notice of the existence of the registry by a publication of notice in a newspaper of 22
general circulation within the municipality. In addition, each municipality is hereby encouraged to 23
provide public notice of the existence of the public notice registry in all of its current and future 24
communications with the public, including, but not limited to, governmental websites, electronic 25
newsletters, public bulletins, press releases, and all other means the municipality may use to impart 26
information to the local community. 27
(1) Provided, however, notice pursuant to a public notice registry as per this section does 28
not alone qualify a person or entity on the public notice registry as an “aggrieved party” under § 29
45-24-31(4). 30
(e) No defect in the form of any notice under this section renders any regulations invalid, 31
unless the defect is found to be intentional or misleading. 32
(f) The cost of newspaper notice and mailings shall be borne by the applicant. 33
(f)(g) The requirements in this section are to be construed as minimum requirements. 34
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SECTION 3. Sections 45-24-41 and 45-24-53 of the General Laws in Chapter 45-24 1
entitled "Zoning Ordinances" are hereby amended to read as follows: 2
45-24-41. General provisions — Variances. 3
(a) An application for relief from the literal requirements of a zoning ordinance because of 4
hardship may be made by any person, group, agency, or corporation by filing with the zoning 5
enforcement officer or agency an application describing the request and supported by any data and 6
evidence as may be required by the zoning board of review or by the terms of the ordinance. The 7
zoning enforcement officer or agency shall immediately transmit each application received to the 8
zoning board of review and a copy of each application to the planning board or commission. 9
(b) A zoning ordinance provides that the zoning board of review, immediately upon receipt 10
of an application for a variance in the application of the literal terms of the zoning ordinance, may 11
request that the planning board or commission and/or staff report its findings and recommendations, 12
including a statement on the general consistency of the application with the goals and purposes of 13
the comprehensive plan of the city or town, in writing, to the zoning board of review within thirty 14
(30) days of receipt of the application from that board. The zoning board shall hold a public hearing 15
on any application for variance in an expeditious manner, after receipt, in proper form, of an 16
application, and shall give public notice at least fourteen (14) days prior to the date of the hearing 17
in a newspaper of general local circulation in the city or town. Notice of hearing shall be sent by 18
first-class mail to the applicant, and to at least all those who would require notice under § 45-24-19
53. The notice shall also include the street address of the subject property. A zoning ordinance may 20
require that a supplemental notice, that an application for a variance is under consideration, be 21
posted at the location in question. The posting is for information purposes only and does not 22
constitute required notice of a public hearing. The same notice shall be posted in the town or city 23
clerk's office and one other municipal building in the municipality and shall also be posted on the 24
home page of the municipal website. For any notice sent by first-class mail, the sender of the notice 25
shall utilize and obtain a United States Postal Service certificate of mailing, PS form 3817, or any 26
applicable version thereof, to demonstrate proof of such mailing. The cost of newspaper and 27
mailing notification shall be borne by the applicant. 28
(c) A zoning ordinance may provide for unified development review, pursuant to § 45-24-29
46.4. Requests for dimensional and use variances submitted under a unified development review 30
provision of a zoning ordinance shall be submitted as part of the subdivision or land-development 31
application to the administrative officer of the planning board or commission, pursuant to § 45-24-32
46.4(a). All subdivision or land-development applications submitted under the unified development 33
review provisions of a zoning ordinance shall have a public hearing, which shall meet the 34
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requirements of § 45-23-50.1(c). 1
(d) In granting a variance, the zoning board of review, or, where unified development 2
review is enabled pursuant to § 45-24-46.4, the planning board or commission, shall require that 3
evidence to the satisfaction of the following standards is entered into the record of the proceedings: 4
(1) That the hardship from which the applicant seeks relief is due to the unique 5
characteristics of the subject land or structure and not to the general characteristics of the 6
surrounding area; and is not due to a physical or economic disability of the applicant, excepting 7
those physical disabilities addressed in § 45-24-30(a)(16); 8
(2) That the hardship is not the result of any prior action of the applicant and does not result 9
primarily from the desire of the applicant to realize greater financial gain; 10
(3) That the granting of the requested variance will not alter the general character of the 11
surrounding area or impair the intent or purpose of the zoning ordinance or the comprehensive plan 12
upon which the ordinance is based; and 13
(4) That the relief to be granted is the least relief necessary. 14
(e) The zoning board of review, or, where unified development review is enabled pursuant 15
to § 45-24-46.4, the planning board or commission, shall, in addition to the above standards, require 16
that evidence is entered into the record of the proceedings showing that: 17
(1) In granting a use variance, the subject land or structure cannot yield any beneficial use 18
if it is required to conform to the provisions of the zoning ordinance. Nonconforming use of 19
neighboring land or structures in the same district and permitted use of lands or structures in an 20
adjacent district shall not be considered in granting a use variance; and 21
(2) In granting a dimensional variance, that the hardship suffered by the owner of the 22
subject property if the dimensional variance is not granted amounts to more than a mere 23
inconvenience. The fact that a use may be more profitable or that a structure may be more valuable 24
after the relief is granted is not grounds for relief. The zoning board of review, or, where unified 25
development review is enabled pursuant to § 45-24-46.4, the planning board or commission has the 26
power to grant dimensional variances where the use is permitted by special-use permit if provided 27
for in the special use permit sections of the zoning ordinance. 28
45-24-53. Adoption — Notice and hearing requirements. 29
(a) No zoning ordinance shall be adopted, repealed, or amended until after a public hearing 30
has been held upon the question before the city or town council. The city or town council shall first 31
give notice of the public hearing by publication of notice in a newspaper of general local circulation 32
within the city or town at least once each week for three (3) successive weeks prior to the date of 33
the hearing, which may include the week in which the hearing is to be held, at which hearing 34
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opportunity shall be given to all persons interested to be heard upon the matter of the proposed 1
ordinance. Written notice, which may be a copy of the newspaper notice, shall be mailed to the 2
parties specified in subsections (b), (c), (d), (e), and (f) of this section, at least two (2) weeks prior 3
to the hearing. The newspaper notice shall be published as a display advertisement, using a type 4
size at least as large as the normal type size used by the newspaper in its news articles, and The 5
same notice shall be posted in the town or city clerk's office and one other municipal building in 6
the municipality and shall also be posted on the home page of the municipal website. The notice 7
shall: 8
(1) Specify the place of the hearing and the date and time of its commencement; 9
(2) Indicate that adoption, amendment, or repeal of a zoning ordinance is under 10
consideration; 11
(3) Contain a statement of the proposed amendments to the ordinance that may be printed 12
once in its entirety, or summarize and describe the matter under consideration as long as the intent 13
and effect of the proposed ordinance is expressly written in that notice; 14
(4) Advise those interested where and when a copy of the matter under consideration may 15
be obtained or examined and copied; and 16
(5) State that the proposals shown on the ordinance may be altered or amended prior to the 17
close of the public hearing without further advertising, as a result of further study or because of the 18
views expressed at the public hearing. Any alteration or amendment must be presented for comment 19
in the course of the hearing. 20
(b) Where a proposed general amendment to an existing zoning ordinance includes changes 21
in an existing zoning map, public notice shall be given as required by subsection (a) of this section. 22
(c) Where a proposed text amendment to an existing zoning ordinance would cause a 23
conforming lot of record to become nonconforming by lot area or frontage, written notice shall be 24
given to all owners of the real property as shown on the current real estate tax assessment records 25
of the city or town. The notice shall be given by first-class mail at least two (2) weeks prior to the 26
hearing at which the text amendment is to be considered, with the content required by subsection 27
(a). If the city or town zoning ordinance contains an existing merger clause to which the 28
nonconforming lots would be subject, the notice shall include reference to the merger clause and 29
the impacts of common ownership of nonconforming lots. The sender of the notice shall utilize and 30
obtain a United States Postal Service certificate of mailing, and the certificate or an electronic copy 31
thereof shall be retained to demonstrate proof of the mailing. For any notice sent by first-class mail, 32
the sender of the notice shall utilize and obtain a United States Postal Service certificate of mailing, 33
PS form 3817, or any applicable version thereof, to demonstrate proof of such mailing. 34
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(d) Where a proposed amendment to an existing ordinance includes a specific change in a 1
zoning district map, but does not affect districts generally, public notice shall be given as required 2
by subsection (a) of this section, with the additional requirements that: 3
(1) Notice shall include a map showing the existing and proposed boundaries, zoning 4
district boundaries, existing streets and roads and their names, and city and town boundaries where 5
appropriate; and 6
(2) Written notice of the date, time, and place of the public hearing and the nature and 7
purpose of the hearing shall be sent to all owners of real property whose property is located in or 8
within not less than two hundred feet (200′) of the perimeter of the area proposed for change, 9
whether within the city or town or within an adjacent city or town. Notice shall also be sent to any 10
individual or entity holding a recorded conservation or preservation restriction on the property that 11
is the subject of the amendment. The notice shall be sent by registered, certified, or first-class mail 12
to the last known address of the owners, as shown on the current real estate tax assessment records 13
of the city or town in which the property is located; provided, for any notice sent by first-class mail, 14
the sender of the notice shall utilize and obtain a United States Postal Service certificate of mailing, 15
PS form 3817, or any applicable version thereof, to demonstrate proof of such mailing. 16
(e) Notice of a public hearing shall be sent by first-class mail to the city or town council of 17
any city or town to which one or more of the following pertain: 18
(1) That is located in or within not less than two hundred feet (200′) of the boundary of the 19
area proposed for change; or 20
(2) Where there is a public or quasi-public water source, or private water source that is 21
used, or is suitable for use, as a public water source, within two thousand feet (2,000′) of any real 22
property that is the subject of a proposed zoning change, regardless of municipal boundaries. 23
(f) Notice of a public hearing shall be sent to the governing body of any state or municipal 24
water department or agency, special water district, or private water company that has riparian rights 25
to a surface water resource or surface watershed that is used, or is suitable for use, as a public water 26
source and that is within two thousand feet (2,000′) of any real property that is the subject of a 27
proposed zoning change; provided, that the governing body of any state or municipal water 28
department or agency, special water district, or private water company has filed with the building 29
inspector in the city or town a map survey, that shall be kept as a public record, showing areas of 30
surface water resources and/or watersheds and parcels of land within two thousand feet (2,000′) 31
thereof. 32
(g) Notwithstanding any of the requirements set forth in subsections (a) through (e), each 33
municipality shall establish and maintain a public notice registry allowing any person or entity to 34
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register for electronic notice of any changes to the zoning ordinance. The city or town shall provide 1
public notice annually of the existence of the electronic registry by publication of notice in a 2
newspaper of general circulation within the city or town. In addition, each municipality is hereby 3
encouraged to provide public notice of the existence of the public notice registry in all of its current 4
and future communications with the public, including, but not limited to, governmental websites, 5
electronic newsletters, public bulletins, press releases, and all other means the municipality may 6
use to impart information to the local community. 7
(1) Provided, however, notice pursuant to a public notice registry as per this section does 8
not alone qualify a person or entity on the public notice registry as an “aggrieved party” under § 9
45-24-31(4). 10
(h) No defect in the form of any notice under this section shall render any ordinance or 11
amendment invalid, unless the defect is found to be intentional or misleading. 12
(i) Costs of any notice newspaper and mailing notices required under this section shall be 13
borne by the applicant. 14
(j) In granting a zoning ordinance amendment, notwithstanding the provisions of § 45-24-15
37, the town or city council may limit the change to one of the permitted uses in the zone to which 16
the subject land is rezoned and impose limitations, conditions, and restrictions, including, without 17
limitation: (1) Requiring the petitioner to obtain a permit or approval from any and all state or local 18
governmental agencies or instrumentalities having jurisdiction over the land and use that are the 19
subject of the zoning change; (2) Those relating to the effectiveness or continued effectiveness of 20
the zoning change; and/or (3) Those relating to the use of the land as it deems necessary. The 21
responsible town or city official shall cause the limitations and conditions so imposed to be clearly 22
noted on the zoning map and recorded in the land evidence records; provided, that in the case of a 23
conditional zone change, the limitations, restrictions, and conditions shall not be noted on the 24
zoning map until the zone change has become effective. If the permitted use for which the land has 25
been rezoned is abandoned or if the land is not used for the requested purpose for a period of two 26
(2) years or more after the zone change becomes effective, the town or city council may, after a 27
public hearing, change the land to its original zoning use before the petition was filed. If any 28
limitation, condition, or restriction in an ordinance is held to be invalid by a court in any action, 29
that holding shall not cause the remainder of the ordinance to be invalid. 30
(k) The above requirements are to be construed as minimum requirements. 31
SECTION 4. This act shall take effect upon passage. 32
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO TOWNS AND CITIES -- RHODE ISLAND COMPREH ENSIVE PLANNING
AND LAND USE ACT
***
This act would amend certain notification procedures relating to comprehensive planning 1
and land use, subdivision of land and zoning ordinances. 2
This act would take effect upon passage. 3
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LC001890
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