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Rhode Island Senate Bill S1033

Rhode Island 2023 Regular Session

Rhode Island Senate Bill S1033 Compare Versions

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99 S TATE OF RHODE IS LAND
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2023
1212 ____________
1313
1414 A N A C T
1515 RELATING TO TOWNS AND CITIES -- RHODE ISLAND COMPREHENSIVE PLANNING
1616 AND LAND USE ACT
1717 Introduced By: Senators Pearson, and McKenney
1818 Date Introduced: May 19, 2023
1919 Referred To: Senate Housing & Municipal Government
2020
2121
2222 It is enacted by the General Assembly as follows:
2323 SECTION 1. Sections 45-22.2-6, 45-22.2-12 and 45-22.2-13 of the General Laws in 1
2424 Chapter 45-22.2 entitled "Rhode Island Comprehensive Planning and Land Use Act" are hereby 2
2525 amended to read as follows: 3
2626 45-22.2-6. Required content of a comprehensive plan. 4
2727 (a) The Except as set forth herein, the comprehensive plan must utilize a minimum twenty 5
2828 (20) year planning timeframe in considering forecasts, goals, and policies. 6
2929 (b) The comprehensive plan must be internally consistent in its policies, forecasts, and 7
3030 standards, and shall include the content described within this section. The content described in 8
3131 subdivisions (1) through (10) may be organized and presented as deemed suitable and appropriate 9
3232 by the municipality. The content described in subdivisions (11) and (12) must be included as 10
3333 individual sections of the plan. 11
3434 (1) Goals and policies. The plan must identify the goals and policies of the municipality 12
3535 for its future growth and development and for the conservation of its natural and cultural resources. 13
3636 The goals and policies of the plan shall be consistent with the goals and intent of this chapter and 14
3737 embody the goals and policies of the state guide plan. 15
3838 (2) Maps. The plan must contain maps illustrating the following as appropriate to the 16
3939 municipality: 17
4040 (i) Existing conditions: 18
4141
4242
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4444 (A) Land use, including the range of residential housing densities; 1
4545 (B) Zoning; 2
4646 (C) Key infrastructure such as, but not limited to, roads, public water, and sewer; 3
4747 (D) Service areas for public water and sewer; 4
4848 (E) Historical and cultural resource areas and sites; 5
4949 (F) Open space and conservation areas (public and private); and 6
5050 (G) Natural resources such as, but not limited to, surface water, wetlands, floodplains, soils, 7
5151 and agricultural land; 8
5252 (ii) Future land use illustrating the desired patterns of development, density, and 9
5353 conservation as defined by the comprehensive plan; and 10
5454 (iii) Identification of discrepancies between future land uses and existing zoning use 11
5555 categories. 12
5656 (3) Natural resource identification and conservation. The plan must be based on an 13
5757 inventory of significant natural resource areas such as, but not limited to, water, soils, prime 14
5858 agricultural lands, forests, wildlife, wetlands, aquifers, coastal features, and floodplains. The plan 15
5959 must include goals, policies, and implementation techniques for the protection and management of 16
6060 these areas. 17
6161 (4) Open space and outdoor recreation identification and protection. The plan must be 18
6262 based on an inventory of outdoor recreational resources, open space areas, and recorded access to 19
6363 these resources and areas. The plan must contain an analysis of forecasted needs, policies for the 20
6464 management and protection of these resources and areas, and identification of areas for potential 21
6565 expansion. The plan must include goals, policies, and implementation techniques for the protection 22
6666 and management of existing resources and acquisition of additional resources if appropriate. 23
6767 (5) Historical and cultural resources identification and protection. The plan must be based 24
6868 on an inventory of significant historical and cultural resources such as historical buildings, sites, 25
6969 landmarks, and scenic views. The plan must include goals, policies, and implementation techniques 26
7070 for the protection of these resources. 27
7171 (6) Housing. The plan must include the identification of existing housing patterns, an 28
7272 analysis of existing and forecasted housing needs, and identification of areas suitable for future 29
7373 housing development or rehabilitation. The plan shall include an affordable housing program that 30
7474 meets the requirements of § 42-128-8.1, the “Comprehensive Housing Production and 31
7575 Rehabilitation Act of 2004” and chapter 53 of this title, the “Rhode Island Low and Moderate 32
7676 Income Housing Act.” The plan must include goals and policies that further the goal of §  45-22.2-33
7777 3(c)(3) and implementation techniques that identify specific programs to promote the preservation, 34
7878
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8181 production, and rehabilitation of housing, as well as specific goals, implementation actions, and 1
8282 time frames for development of low- and moderate-income housing, as defined in § 45-53-3. 2
8383 (7) Economic development. The plan must include the identification of existing types and 3
8484 patterns of economic activities including, but not limited to, business, commercial, industrial, 4
8585 agricultural, and tourism. The plan must also identify areas suitable for future economic expansion 5
8686 or revitalization. The plan must include goals, policies, and implementation techniques reflecting 6
8787 local, regional, and statewide concerns for the expansion and stabilization of the economic base 7
8888 and the promotion of quality employment opportunities and job growth. 8
8989 (8) Services and facilities. The plan must be based on an inventory of existing physical 9
9090 infrastructure such as, but not limited to, educational facilities, public safety facilities, libraries, 10
9191 indoor recreation facilities, and community centers. The plan must describe services provided to 11
9292 the community such as, but not limited to, water supply and the management of wastewater, storm 12
9393 water, and solid waste. The plan must consider energy production and consumption. The plan must 13
9494 analyze the needs for future types and levels of services and facilities, including, in accordance 14
9595 with § 46-15.3-5.1, water supply system management planning, which includes demand 15
9696 management goals as well as plans for water conservation and efficient use of water concerning 16
9797 any water supplier providing service in the municipality, and contain goals, policies, and 17
9898 implementation techniques for meeting future demands. 18
9999 (9) Circulation/Transportation. The plan must be based on an inventory and analysis of 19
100100 existing and proposed major circulation systems, including transit and bikeways; street patterns; 20
101101 and any other modes of transportation, including pedestrian, in coordination with the land use 21
102102 element. Goals, policies, and implementation techniques for the provision of fast, safe, efficient, 22
103103 and convenient transportation that promotes conservation and environmental stewardship must be 23
104104 identified. 24
105105 (10) Natural hazards. The plan must include an identification of areas that could be 25
106106 vulnerable to the effects of sea-level rise, flooding, storm damage, drought, or other natural hazards. 26
107107 Goals, policies, and implementation techniques must be identified that would help to avoid or 27
108108 minimize the effects that natural hazards pose to lives, infrastructure, and property. 28
109109 (11) Land use. In conjunction with the future land use map as required in subsection 29
110110 (b)(2)(ii) of this section, the plan must contain a land use component that designates the proposed 30
111111 general distribution and general location and interrelationships of land uses including, but not 31
112112 limited to, residential, commercial, industrial, open space, agriculture, recreation facilities, and 32
113113 other categories of public and private uses of land. The land use component shall be based upon 33
114114 the required plan content as stated in this section. It shall relate the proposed standards of population 34
115115
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118118 density and building intensity to the capacity of the land and available or planned facilities and 1
119119 services. The land use component must contain an analysis of the inconsistency of existing zoning 2
120120 districts, if any, with planned future land use. The land use component shall specify the process and 3
121121 schedule by which the zoning ordinance and zoning map shall be amended to conform to the 4
122122 comprehensive plan and shall be included as part of the implementation program, but in no event 5
123-shall it take longer than eighteen (18) months for a zoning map to be brought into compliance with 6
123+shall it take longer than twelve (12) months for a zoning map not be brought into compliance with 6
124124 the future land use map. The future land use map in a valid comprehensive plan updated in 7
125125 accordance with this chapter shall govern all local municipal land use decisions. 8
126126 (12) Implementation program. 9
127127 (i) A statement which defines and schedules the specific public actions to be undertaken in 10
128128 order to achieve the goals and objectives of each component of the comprehensive plan. Scheduled 11
129129 expansion or replacement of public facilities, and the anticipated costs and revenue sources 12
130130 proposed to meet those costs reflected in a municipality’s capital improvement program, must be 13
131131 included in the implementation program. 14
132132 (ii) The implementation program identifies the public actions necessary to implement the 15
133133 objectives and standards of each component of the comprehensive plan that require the adoption or 16
134134 amendment of codes and ordinances by the governing body of the municipality. 17
135135 (iii) The implementation program identifies other public authorities or agencies owning 18
136136 water supply facilities or providing water supply services to the municipality, and coordinates the 19
137137 goals and objectives of the comprehensive plan with the actions of public authorities or agencies 20
138138 with regard to the protection of watersheds as provided in § 46-15.3-1 et seq. 21
139139 (iv) The implementation program must detail the timing and schedule of municipal actions 22
140140 required to amend the zoning ordinance and map to conform to the comprehensive plan. 23
141-(v) The implementation program shall contain a concise strategic plan that details the 24
142-actions to be taken annually to achieve the goals and policies of the plan. The strategic plan shall 25
143-be reviewed annually by a municipality and the annual review shall be accomplished in the 26
144-following manner: a municipal planning department shall submit a report to the municipal planning 27
145-board for the board's review, comment and findings. The planning board shall submit to the 28
146-respective city or town council, a report summarizing the status of the implementation of the 29
147-strategic plan which report shall be reviewed by the city or town council at a public meeting. 30
148-45-22.2-12. Maintaining and re-adopting the plan. 31
149-(a) A municipality must maintain a single version of the comprehensive plan including all 32
150-amendments, appendices, and supplements. One or more complete copies of the comprehensive 33
151-plan including, all amendments, shall be made available for review by the public. Availability shall 34
141+(v) The implementation program shall contain a concise five (5) year strategic plan that is 24
142+reviewed and updated annually so that the goals and policies of the comprehensive plan are 25
143+implemented during the life of the comprehensive plan. The annual review and updated status of 26
144+the strategic plan must be submitted to the town or city council for review and approval. 27
145+45-22.2-12. Maintaining and re-adopting the plan. 28
146+(a) A municipality must maintain a single version of the comprehensive plan including all 29
147+amendments, appendices, and supplements. One or more complete copies of the comprehensive 30
148+plan including, all amendments, shall be made available for review by the public. Availability shall 31
149+include print, digital formats, and placement on the internet. 32
150+(b) A municipality shall periodically review and amend its plan in a timely manner to 33
151+account for changing conditions. At a minimum, a municipality shall fully update and re-adopt its 34
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155-include print, digital formats, and placement on the internet. 1
156-(b) A municipality shall periodically review and amend its plan in a timely manner to 2
157-account for changing conditions. At a minimum, a municipality shall fully update and re-adopt its 3
158-entire comprehensive plan, including supplemental plans, such as, but not limited to, special area 4
159-plans, that may be incorporated by reference, at least once every ten (10) years from the date of 5
160-municipal adoption. A minimum twenty (20) year planning timeframe in considering forecasts, 6
161-goals, and policies must be utilized for an update. If a municipality fails to fully update and re-7
162-adopt its comprehensive plan within twelve (12) years from the date of the previous plan's adoption, 8
163-such municipality shall not be able to utilize the comprehensive plan as a basis for denial of a 9
164-municipal land use decision. 10
165-(c) A newly adopted plan shall supersede all previous versions. 11
166-(d) A municipality shall file an informational report on the status of the comprehensive 12
167-plan implementation program with the chief not more than five (5) years from the date of municipal 13
168-approval. 14
169-45-22.2-13. Compliance and implementation. 15
170-(a) The municipality is responsible for the administration and enforcement of the plan. 16
171-(b) All municipal land use decisions shall be in conformance with the locally adopted 17
172-municipal comprehensive plan subject to § 45-22.2-12(b). 18
173-(c) Each municipality shall amend its zoning ordinance and map to conform to the 19
174-comprehensive plan in accordance with the implementation program as required by § 45-22.2-20
175-6(b)(11) and §  45-22.2-6(b)(12)(iv). The zoning ordinance and map in effect at the time of plan 21
176-adoption shall remain in force until amended. In Except with respect to comprehensive plans which 22
177-have failed to be updated within twelve (12) years, as set forth in § 45-22.2-6(b)(11), in instances 23
178-where the zoning ordinance is in conflict with an adopted comprehensive plan, the zoning ordinance 24
179-in effect at the time of the comprehensive plan adoption shall direct municipal land use decisions 25
180-until such time as the zoning ordinance is amended to achieve consistency with the comprehensive 26
181-plan and its implementation schedule. In instances of uncertainty in the internal construction or 27
182-application of any section of the zoning ordinance or map, the ordinance or map shall be construed 28
183-in a manner that will further the implementation of, and not be contrary to, the goals and policies 29
184-and applicable content of the adopted comprehensive plan. 30
185-(d) Limitations on land use approvals may be imposed according to the following 31
186-provisions in addition to any other provision that may be required by law. 32
187-(1) Nothing in the chapter shall be deemed to preclude municipalities from imposing 33
188-limitations on the number of building permits or other land use approvals to be issued at any time, 34
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155+entire comprehensive plan, including supplemental plans, such as, but not limited to, special area 1
156+plans, that may be incorporated by reference, at least once every ten (10) years from the date of 2
157+municipal adoption. A minimum twenty (20) year planning timeframe in considering forecasts, 3
158+goals, and policies must be utilized for an update. If a municipality fails to fully update and re-4
159+adopt its comprehensive plan within twelve (12) years from the date of the previous plan's adoption, 5
160+such municipality shall not be able to utilize the comprehensive plan as a basis for denial of a 6
161+municipal land use decision. 7
162+(c) A newly adopted plan shall supersede all previous versions. 8
163+(d) A municipality shall file an informational report on the status of the comprehensive 9
164+plan implementation program with the chief not more than five (5) years from the date of municipal 10
165+approval. 11
166+45-22.2-13. Compliance and implementation. 12
167+(a) The municipality is responsible for the administration and enforcement of the plan. 13
168+(b) All municipal land use decisions shall be in conformance with the locally adopted 14
169+municipal comprehensive plan subject to § 45-22.2-12(b). 15
170+(c) Each municipality shall amend its zoning ordinance and map to conform to the 16
171+comprehensive plan in accordance with the implementation program as required by § 45-22.2-17
172+6(b)(11) and §  45-22.2-6(b)(12)(iv). The zoning ordinance and map in effect at the time of plan 18
173+adoption shall remain in force until amended. In Except with respect to comprehensive plans which 19
174+have failed to be updated within twelve (12) years, as set forth in § 45-22.2-6(b)(11), in instances 20
175+where the zoning ordinance is in conflict with an adopted comprehensive plan, the zoning ordinance 21
176+in effect at the time of the comprehensive plan adoption shall direct municipal land use decisions 22
177+until such time as the zoning ordinance is amended to achieve consistency with the comprehensive 23
178+plan and its implementation schedule. In instances of uncertainty in the internal construction or 24
179+application of any section of the zoning ordinance or map, the ordinance or map shall be construed 25
180+in a manner that will further the implementation of, and not be contrary to, the goals and policies 26
181+and applicable content of the adopted comprehensive plan. 27
182+(d) Limitations on land use approvals may be imposed according to the following 28
183+provisions in addition to any other provision that may be required by law. 29
184+(1) Nothing in the chapter shall be deemed to preclude municipalities from imposing 30
185+limitations on the number of building permits or other land use approvals to be issued at any time, 31
186+provided such limitations are consistent with the municipality’s comprehensive plan in accordance 32
187+with this chapter and are based on a reasonable, rational assessment of the municipality’s 33
188+sustainable capacity for growth. 34
189189
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192-provided such limitations are consistent with the municipality’s comprehensive plan in accordance 1
193-with this chapter and are based on a reasonable, rational assessment of the municipality’s 2
194-sustainable capacity for growth. 3
195-(2) In the event of a dire emergency not reasonably foreseeable as part of the 4
196-comprehensive planning process, a municipality may impose a limitation on the number of building 5
197-permits or other land use approvals to be issued at any time, provided that such limitation is 6
198-reasonably necessary to alleviate the emergency and is limited to the time reasonably necessary to 7
199-alleviate the emergency. 8
200-(e) A one-time moratorium, for the purpose of providing interim protection for a planned 9
201-future land use or uses, may be imposed during the twelve (12) months subsequent to the adoption 10
202-of the local comprehensive plan provided that a change to the zoning ordinance and map has been 11
203-identified and scheduled for implementation within twelve (12) months of plan adoption. The 12
204-moratorium shall be enacted as an ordinance and may regulate, restrict, or prohibit any use, 13
205-development, or subdivisions under the following provisions: 14
206-(1) The moratorium is restricted to those areas identified on the map or maps as required 15
207-by §  45-22.2-6(b)(2)(iii). 16
208-(2) A notice of the moratorium must be provided by first class mail to property owners 17
209-affected by said moratorium at least fourteen (14) days in advance of the public hearing. 18
210-(3) The ordinance shall specify: 19
211-(i) The purpose of the moratorium; 20
212-(ii) The date it shall take effect and the date it shall end; 21
213-(iii) The area covered by the moratorium; and 22
214-(iv) The regulations, restrictions, or prohibitions established by the moratorium. 23
215-(4) The moratorium may be extended up to an additional ninety (90) days if necessary to 24
216-complete a zoning ordinance and map change provided that: (i) The public hearing as required by 25
217-§ 45-24-53 has commenced; and (ii) The chief approves the extension based on a demonstration of 26
218-good cause. Said extension shall not be deemed as non-conformance to the implementation 27
219-schedule. 28
220-(f) A moratorium enacted under the provisions of subsection (e) shall not apply to state 29
221-agencies until such time that the municipal comprehensive plan receives approval from the chief 30
222-or superior court. 31
223-(g) In the event a municipality fails to amend its zoning ordinance and map to conform to 32
224-the comprehensive plan within the implementation schedule, or by the expiration of the moratorium 33
225-period, a municipality must amend either their implementation schedule or, if the future land use is 34
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192+(2) In the event of a dire emergency not reasonably foreseeable as part of the 1
193+comprehensive planning process, a municipality may impose a limitation on the number of building 2
194+permits or other land use approvals to be issued at any time, provided that such limitation is 3
195+reasonably necessary to alleviate the emergency and is limited to the time reasonably necessary to 4
196+alleviate the emergency. 5
197+(e) A one-time moratorium, for the purpose of providing interim protection for a planned 6
198+future land use or uses, may be imposed during the twelve (12) months subsequent to the adoption 7
199+of the local comprehensive plan provided that a change to the zoning ordinance and map has been 8
200+identified and scheduled for implementation within twelve (12) months of plan adoption. The 9
201+moratorium shall be enacted as an ordinance and may regulate, restrict, or prohibit any use, 10
202+development, or subdivisions under the following provisions: 11
203+(1) The moratorium is restricted to those areas identified on the map or maps as required 12
204+by §  45-22.2-6(b)(2)(iii). 13
205+(2) A notice of the moratorium must be provided by first class mail to property owners 14
206+affected by said moratorium at least fourteen (14) days in advance of the public hearing. 15
207+(3) The ordinance shall specify: 16
208+(i) The purpose of the moratorium; 17
209+(ii) The date it shall take effect and the date it shall end; 18
210+(iii) The area covered by the moratorium; and 19
211+(iv) The regulations, restrictions, or prohibitions established by the moratorium. 20
212+(4) The moratorium may be extended up to an additional ninety (90) days if necessary to 21
213+complete a zoning ordinance and map change provided that: (i) The public hearing as required by 22
214+§ 45-24-53 has commenced; and (ii) The chief approves the extension based on a demonstration of 23
215+good cause. Said extension shall not be deemed as non-conformance to the implementation 24
216+schedule. 25
217+(f) A moratorium enacted under the provisions of subsection (e) shall not apply to state 26
218+agencies until such time that the municipal comprehensive plan receives approval from the chief 27
219+or superior court. 28
220+(g) In the event a municipality fails to amend its zoning ordinance and map to conform to 29
221+the comprehensive plan within the implementation schedule, or by the expiration of the moratorium 30
222+period, a municipality must amend either their implementation schedule or, if the future land use is 31
223+no longer desirable or feasible, amend the future land use map. 32
224+(1) Failure to comply with this provision within one hundred twenty (120) days of the date 33
225+of the implementation schedule or the expiration of the moratorium period shall result in the denial 34
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229-no longer desirable or feasible, amend the future land use map. 1
230-(1) Failure to comply with this provision within one hundred twenty (120) days of the date 2
231-of the implementation schedule or the expiration of the moratorium period shall result in the denial 3
232-or rescission, in whole or in part, of state approval of the comprehensive plan and of all benefits 4
233-and incentives conditioned on state approval. 5
234-(2) An implementation schedule amended under this provision shall not be eligible for an 6
235-additional moratorium as provided for in subsection (e). 7
236-SECTION 2. This act shall take effect on March 1, 2024. 8
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229+or rescission, in whole or in part, of state approval of the comprehensive plan and of all benefits 1
230+and incentives conditioned on state approval. 2
231+(2) An implementation schedule amended under this provision shall not be eligible for an 3
232+additional moratorium as provided for in subsection (e). 4
233+SECTION 2. This act shall take effect upon passage. 5
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243240 EXPLANATION
244241 BY THE LEGISLATIVE COUNCIL
245242 OF
246243 A N A C T
247244 RELATING TO TOWNS AND CITIES -- RHODE ISLAND COMPREH ENSIVE PLANNING
248245 AND LAND USE ACT
249246 ***
250247 This act would amend the required contents of a comprehensive plan, providing that the 1
251-"implementation program" component of the requirements include a strategic plan to ensure that 2
252-the comprehensive plan goals and policies are implemented in a timely fashion. 3
253-This act would take effect on March 1, 2024. 4
248+"implementation program" component of the requirements include a five (5) year strategic plan to 2
249+ensure that the comprehensive plan goals and policies are implemented in a timely fashion. 3
250+This act would take effect upon passage. 4
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