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| 4 | 4 | | |
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| 5 | 5 | | 2023 -- S 0800 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC002477 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S TATE OF RHODE IS LAND |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO TOWNS AN D CITIES -- ZONING ORDINANCES |
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| 16 | 16 | | Introduced By: Senators Kallman, Quezada, Burke, F. Lombardi, Zurier, Ruggerio, and |
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| 17 | 17 | | Lombardo |
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| 18 | 18 | | Date Introduced: March 23, 2023 |
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| 19 | 19 | | Referred To: Senate Housing & Municipal Government |
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| 20 | 20 | | |
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| 21 | 21 | | |
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| 22 | 22 | | It is enacted by the General Assembly as follows: |
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| 23 | 23 | | SECTION 1. Chapter 45-24 of the General Laws entitled "Zoning Ordinances" is hereby 1 |
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| 24 | 24 | | amended by adding thereto the following section: 2 |
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| 25 | 25 | | 45-24-77. Transit-oriented housing development. 3 |
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| 26 | 26 | | (a) In order to increase the availability of residential housing near convenient public transit, 4 |
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| 27 | 27 | | alleviating traffic congestion as well as facilitating the goals of the state’s 2021 act on climate, there 5 |
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| 28 | 28 | | is hereby established a program for transit-oriented housing development. 6 |
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| 29 | 29 | | (b) Any municipality that contains a regional mobility hub or frequent transit stop, each as 7 |
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| 30 | 30 | | defined by the 2020 Rhode Island transit master plan or its successor document, shall create a 8 |
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| 31 | 31 | | transit-oriented development district for the site according to the requirements set forth in this 9 |
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| 32 | 32 | | section. 10 |
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| 33 | 33 | | (1) For the purposes of this section, a transit-oriented development district consists of a 11 |
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| 34 | 34 | | zoning-use or overlay district of a municipality in which the residential uses are permitted by right 12 |
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| 35 | 35 | | at a minimum gross density of at least ten (10) units per acre. For any district whose pre-existing 13 |
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| 36 | 36 | | or underlying zoning would have already satisfied the aforementioned threshold, and the district is 14 |
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| 37 | 37 | | served by public water and sewer, the requirement shall be a net addition of ten (10) dwelling units 15 |
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| 38 | 38 | | per acres or a minimum gross density of at least twenty-five (25) units per acres, whichever is less. 16 |
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| 39 | 39 | | The district shall consist of either: 17 |
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| 40 | 40 | | (i) All developable land within a one-quarter (0.25) mile radius of the regional mobility 18 |
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| 41 | 41 | | hub or a one-eighth (0.125) mile radius of the frequent transit stop, as applicable; or 19 |
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| 42 | 42 | | |
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| 43 | 43 | | |
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| 44 | 44 | | LC002477 - Page 2 of 6 |
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| 45 | 45 | | (ii) At least an equivalent amount of developable land, arranged in a district located not 1 |
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| 46 | 46 | | more than one-half (0.5) of a mile from the regional mobility hub or one-quarter (0.25) of a mile 2 |
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| 47 | 47 | | from the frequent transit stop, as applicable. 3 |
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| 48 | 48 | | (2) For the purposes of this section, distance shall be measured based on the shortest 4 |
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| 49 | 49 | | distance between any point on a lot, or within a district, and the regional mobility hub or frequent 5 |
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| 50 | 50 | | transit stop, as applicable. 6 |
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| 51 | 51 | | (3) Any municipality that is required to adopt multiple transit-oriented development 7 |
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| 52 | 52 | | districts under this section may satisfy the applicable minimum requirements by averaging the gross 8 |
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| 53 | 53 | | density of the residential uses permitted across all of its districts. 9 |
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| 54 | 54 | | (4) For purposes of this section, “developable land” means all developable public land, as 10 |
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| 55 | 55 | | defined in subsection (b)(5) of this section and all privately-owned land, except those lots or 11 |
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| 56 | 56 | | portions of lots that are excluded land, as defined in subsection (b)(6) of this section. 12 |
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| 57 | 57 | | (5) For the purposes of this section, “developable public land” means any publicly owned 13 |
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| 58 | 58 | | land that: 14 |
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| 59 | 59 | | (i) Has been designated by the public owner for disposition and redevelopment; 15 |
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| 60 | 60 | | (ii) Is used by a housing authority established pursuant to chapters 25 or 26 of title 45; or 16 |
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| 61 | 61 | | (iii) Has been identified as a site for residential development pursuant to § 45-22-6(b)(6). 17 |
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| 62 | 62 | | (6) For the purposes of this section, “excluded land” means land area on which it is 18 |
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| 63 | 63 | | impossible or impractical to construct residential dwellings. Excluded land includes: 19 |
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| 64 | 64 | | (i) All publicly owned land, except for lots or portions of lots determined to be developable 20 |
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| 65 | 65 | | public land; 21 |
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| 66 | 66 | | (ii) Any rivers, streams, lakes, ponds, or other surface watercourses and waterbodies; 22 |
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| 67 | 67 | | (iii) Any freshwater wetlands and freshwater wetland buffers regulated pursuant to § 2-1-23 |
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| 68 | 68 | | 20.1; 24 |
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| 69 | 69 | | (iv) Any coastal buffer zones, erosion-oriented setbacks, or freshwater wetlands in the 25 |
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| 70 | 70 | | vicinity of the coast regulated pursuant to chapter 23 of title 46; 26 |
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| 71 | 71 | | (v) Any open space and recreational land that is legally protected in perpetuity such as land 27 |
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| 72 | 72 | | owned by land trusts or land that is subject to a conservation restriction, or that is likely to remain 28 |
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| 73 | 73 | | undeveloped due to functional or traditional use, such as cemeteries; 29 |
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| 74 | 74 | | (vi) Any roadway, railway, public right-of-way, or private right-of-way; 30 |
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| 75 | 75 | | (vii) Any privately-owned land on which development is prohibited to protect public or 31 |
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| 76 | 76 | | private water supplies; 32 |
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| 77 | 77 | | (viii) Any lot characterized by a ledge or steep slope of fifteen percent (15%) or more in 33 |
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| 78 | 78 | | grade change; 34 |
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| 79 | 79 | | |
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| 80 | 80 | | |
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| 81 | 81 | | LC002477 - Page 3 of 6 |
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| 82 | 82 | | (ix) Any special flood hazard areas, as defined by the Federal Emergency Management 1 |
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| 83 | 83 | | Agency and any other areas subject to regular flood inundation; and 2 |
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| 84 | 84 | | (x) Any privately-owned land used for educational or institutional uses, such as hospitals, 3 |
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| 85 | 85 | | prisons, museums, electric, water, wastewater or other utilities or private schools, colleges or 4 |
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| 86 | 86 | | universities. 5 |
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| 87 | 87 | | (7) A transit-oriented development district adopted under this section shall incorporate 6 |
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| 88 | 88 | | reduced or eliminated standards for the mandatory provision of off-street vehicle parking for any 7 |
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| 89 | 89 | | residential, commercial, or other development project located within the district. A municipality 8 |
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| 90 | 90 | | may still impose requirements concerning the design of off-street vehicle parking; maximum 9 |
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| 91 | 91 | | limitations on off-street vehicle parking; and requirements for the provision of bicycle storage and 10 |
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| 92 | 92 | | parking. 11 |
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| 93 | 93 | | (8) The Rhode Island public transit authority created under § 39-18-2 shall notify the 12 |
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| 94 | 94 | | department of housing, the statewide division of planning, the department of transportation, and 13 |
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| 95 | 95 | | any affected municipality of the implementation of any transit site that will trigger requirements 14 |
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| 96 | 96 | | under this section. 15 |
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| 97 | 97 | | (c) The department of housing shall promulgate rules and regulations for the program that 16 |
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| 98 | 98 | | address when a municipality shall be considered in compliance with this section and the process by 17 |
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| 99 | 99 | | which municipal compliance shall be certified. 18 |
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| 100 | 100 | | (1) If a municipality fails to achieve or maintain compliance with this section as required 19 |
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| 101 | 101 | | by rule or regulation, the department of housing is hereby empowered and directed to design and 20 |
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| 102 | 102 | | implement the transit-oriented development districts on behalf of the municipality. 21 |
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| 103 | 103 | | (2) The department of housing shall adopt a design plan for the districts through the 22 |
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| 104 | 104 | | rulemaking process prescribed by chapter 35 of title 42. The adoption of a plan by the department 23 |
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| 105 | 105 | | shall, for all purposes, be deemed to be the action of the municipality, including, as applicable, the 24 |
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| 106 | 106 | | actions of a planning board established pursuant to chapter 22 of title 45; a zoning board established 25 |
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| 107 | 107 | | pursuant to chapter 24 of title 45; a historic district commission established pursuant to chapter 26 |
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| 108 | 108 | | 24.1 of title 45; or a redevelopment plan review body established pursuant to § 45-24-49; and is 27 |
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| 109 | 109 | | enforceable by an action brought in superior court in the county in which the municipality is 28 |
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| 110 | 110 | | located. 29 |
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| 111 | 111 | | (3) The department shall review and approve or deny any application for a development 30 |
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| 112 | 112 | | proposed within the district while the department retains authority over the district. In order to carry 31 |
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| 113 | 113 | | out its duties, the department shall adopt, through regular rulemaking, a single process by which 32 |
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| 114 | 114 | | the department shall review any application submitted within a transit-oriented development 33 |
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| 115 | 115 | | district, regardless of the district’s location. The process shall be publicly accountable and 34 |
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| 116 | 116 | | |
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| 117 | 117 | | |
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| 118 | 118 | | LC002477 - Page 4 of 6 |
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| 119 | 119 | | transparent. 1 |
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| 120 | 120 | | (4) The department, in its discretion, may return some or all authority over a district to a 2 |
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| 121 | 121 | | municipality upon entering into a compliance agreement that ensures the satisfaction of the 3 |
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| 122 | 122 | | requirements of this section. 4 |
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| 123 | 123 | | (d) The department of transportation established under § 42-13-1 shall support the 5 |
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| 124 | 124 | | implementation of transit-oriented housing development as follows: 6 |
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| 125 | 125 | | (1) The department of transportation shall undertake research and data collection on all of 7 |
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| 126 | 126 | | the following topics: 8 |
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| 127 | 127 | | (i) The vehicle miles traveled per capita generated by residential development in different 9 |
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| 128 | 128 | | areas of the state, by municipality and traffic analysis zone; 10 |
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| 129 | 129 | | (ii) The number, location, and severity of traffic incidents that involve vehicle collisions 11 |
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| 130 | 130 | | with pedestrians or bicycles; and 12 |
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| 131 | 131 | | (iii) Representative pedestrian and bicycle volume counts for the state’s shared-use paths; 13 |
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| 132 | 132 | | transit-oriented development districts adopted under this section; and very low vehicle travel areas. 14 |
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| 133 | 133 | | A “very low vehicle travel area” means a traffic analysis zone within an urbanized area, as 15 |
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| 134 | 134 | | designated by the United States Census Bureau, where the existing residential development 16 |
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| 135 | 135 | | generates vehicle miles traveled per capita at a level below eighty-five percent (85%) of the vehicle 17 |
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| 136 | 136 | | miles traveled per capita for a municipality as a whole. 18 |
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| 137 | 137 | | (iv) The department shall annually publish and provide the general assembly with a 19 |
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| 138 | 138 | | dashboard of its research findings. 20 |
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| 139 | 139 | | (2) The department shall improve the safety and accessibility of state-owned roadways and 21 |
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| 140 | 140 | | transportation facilities for pedestrians, bicyclists, and public transportation users by cooperating 22 |
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| 141 | 141 | | with and prioritizing any request of a municipality to so improve the state-owned roadways and 23 |
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| 142 | 142 | | transportation facilities located within the transit-oriented development districts or very low vehicle 24 |
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| 143 | 143 | | areas of the municipality. 25 |
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| 144 | 144 | | (i) In implementing the improvements required under this section, the department shall 26 |
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| 145 | 145 | | utilize leading design standards for streets that are safer and more accessible for pedestrians, 27 |
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| 146 | 146 | | bicyclists, and public transportation users, including, but not limited to, the Urban Street Design 28 |
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| 147 | 147 | | Guide of the National Association of City Transportation Users and the published practice 29 |
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| 148 | 148 | | recommendations of the Institute of Transportation Engineers. The department shall design any 30 |
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| 149 | 149 | | such improvements to advance the goals of and utilize the strategies recommended by the state’s 31 |
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| 150 | 150 | | transit master plan and bicycle mobility plan. 32 |
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| 151 | 151 | | (ii) The department shall approach each transportation improvement and project phase 33 |
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| 152 | 152 | | within its purview as an opportunity to implement the improvements required under this section. 34 |
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| 153 | 153 | | |
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| 154 | 154 | | |
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| 155 | 155 | | LC002477 - Page 5 of 6 |
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| 156 | 156 | | In the event that the department lacks adequate state resources to implement the required 1 |
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| 157 | 157 | | improvements, the department shall seek and/or allocate federal funds that may be used for this 2 |
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| 158 | 158 | | purpose. 3 |
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| 159 | 159 | | (iii) The department shall maintain on its website a list of the improvements that it has 4 |
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| 160 | 160 | | undertaken pursuant to the requirements of this section. 5 |
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| 161 | 161 | | (e) The implementation of this section by the state and its municipalities shall be supported 6 |
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| 162 | 162 | | by a dedicated annual surcharge on the registration of passenger vehicles that, by virtue of their 7 |
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| 163 | 163 | | heavier weight, produce the greatest relative share of carbon emissions as well as wear on the state 8 |
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| 164 | 164 | | and local highways. 9 |
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| 165 | 165 | | (1) The surcharge shall be administered as follows: 10 |
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| 166 | 166 | | (i) One hundred seventy-five dollars ($175), for any vehicle between three thousand five 11 |
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| 167 | 167 | | hundred (3,500) and four thousand nine hundred and ninety-nine (4,999) pounds in weight; 12 |
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| 168 | 168 | | (ii) Two hundred fifty dollars ($250), for any vehicle between five thousand (5,000) and 13 |
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| 169 | 169 | | five thousand nine hundred and ninety-nine (5,999) pounds in weight; and 14 |
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| 170 | 170 | | (iii) Five hundred dollars ($500), for any vehicle that exceeds six thousand (6,000) pounds 15 |
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| 171 | 171 | | in weight. 16 |
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| 172 | 172 | | (2) The fee schedule established in subsection (e)(1) of this section shall not apply to any 17 |
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| 173 | 173 | | registrant who may claim three (3) or more dependents or who qualifies for a disability parking 18 |
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| 174 | 174 | | placard based on mobility disability. The registrant of a vehicle powered in whole or in part by a 19 |
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| 175 | 175 | | storage battery is entitled to deduct one thousand pounds (1,000 lbs.) in vehicle weight for purposes 20 |
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| 176 | 176 | | of calculating the applicable fee. 21 |
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| 177 | 177 | | (3) The proceeds of the surcharge, subsequent to collection by the division of motor 22 |
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| 178 | 178 | | vehicles, shall be distributed as follows: 23 |
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| 179 | 179 | | (i) Twenty percent (20%) to the statewide division of planning to fund activities, including 24 |
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| 180 | 180 | | technical assistance grants to municipalities, related to issues of housing, land use and climate 25 |
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| 181 | 181 | | adaptation; 26 |
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| 182 | 182 | | (ii) Eighty percent (80%) to the Rhode Island public transit authority to fund 27 |
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| 183 | 183 | | implementation of the state’s transit master plan and bicycle mobility plan, with particular attention 28 |
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| 184 | 184 | | to any transit-oriented development districts adopted under this section. 29 |
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| 185 | 185 | | SECTION 2. This act shall take effect upon passage. 30 |
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| 186 | 186 | | ======== |
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| 187 | 187 | | LC002477 |
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| 188 | 188 | | ======== |
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| 189 | 189 | | |
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| 190 | 190 | | |
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| 191 | 191 | | LC002477 - Page 6 of 6 |
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| 192 | 192 | | EXPLANATION |
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| 193 | 193 | | BY THE LEGISLATIVE COUNCIL |
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| 194 | 194 | | OF |
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| 195 | 195 | | A N A C T |
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| 196 | 196 | | RELATING TO TOWNS AN D CITIES -- ZONING ORDINANCES |
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| 197 | 197 | | *** |
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| 198 | 198 | | This act would establish a transit-oriented housing development program which would 1 |
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| 199 | 199 | | require all municipalities that contain a regional mobility hub or frequent transit stop to create a 2 |
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| 200 | 200 | | transit-oriented development district for development of housing, and would permit the state to use 3 |
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| 201 | 201 | | public and private lands to develop these districts. It would also permit the state department of 4 |
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| 202 | 202 | | housing, if a municipality is not in compliance with this act, to take control over subject property 5 |
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| 203 | 203 | | in the municipality and design and implement the transit-oriented development districts within the 6 |
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| 204 | 204 | | municipality. Any actions by the department would, by the process, become the actions of the 7 |
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| 205 | 205 | | municipal departments including, the planning board, zoning board, historical commissions and 8 |
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| 206 | 206 | | development plan review bodies. The act would also require the department of transportation to 9 |
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| 207 | 207 | | collect data as to vehicle miles traveled in the state and municipalities, and improve the safety of 10 |
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| 208 | 208 | | transportation facilities for pedestrians and bicyclists. Under this act, the program would be funded, 11 |
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| 209 | 209 | | in part, by an annual tax on all passenger vehicles registered over three thousand five hundred 12 |
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| 210 | 210 | | pounds (3,500 lbs.) of up to five hundred dollars ($500) per year. 13 |
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| 211 | 211 | | This act would take effect upon passage. 14 |
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| 213 | 213 | | LC002477 |
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