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Rhode Island Senate Bill S1034

Rhode Island 2023 Regular Session

Rhode Island Senate Bill S1034 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 AN D CITIES -- SUBDIVISION OF LAND
1616 Introduced By: Senators Pearson, and McKenney
1717 Date Introduced: May 19, 2023
1818 Referred To: Senate Housing & Municipal Government
1919
2020
2121 It is enacted by the General Assembly as follows:
22-SECTION 1. Sections 45-23-27, 45-23-32, 45-23-36, 45-23-38, 45-23-39, 45-23-42, 45-1
23-23-50, 45-23-50.1, 45-23-55, 45-23-56, 45-23-62, 45-23-67 and 45-23-71 of the General Laws in 2
24-Chapter 45-23 entitled "Subdivision of Land" are hereby amended to read as follows: 3
25-45-23-27. Applicability Applicability -- Effective January 1, 2024. 4
26-(a) Sections 45-23-25 — 45-23-74 and all local regulations are applicable to all 5
27-applications under this chapter in all of the following instances: 6
28-(1) In all cases of subdivision of land, including re-subdivision, as defined in § 45-23-32, 7
29-all provisions of §§ 45-23-25 — 45-23-74 apply; 8
30-(2) In all cases of land development projects, as provided for in § 45-24-47 of the Zoning 9
31-Enabling Act of 1991, where a municipality has allowed for the land development projects in its 10
32-local zoning ordinance; and/or 11
33-(3) In all cases of development plan review, as provided for in § 45-24-49 of the Zoning 12
34-Enabling Act of 1991, where a municipality has established, within their zoning ordinance, the 13
35-procedures for planning board review of applications. 14
36-(b) Plats required. 15
37-(1) All activity defined as a subdivision requires a new plat, drawn to the specifications of 16
38-the local regulations, and reviewed and approved by the planning board or its agents as provided in 17
39-this chapter; and 18
40-(2) Prior to recording, the approved plat shall be submitted for signature and recording as 19
22+SECTION 1. Sections 45-23-32, 45-23-36, 45-23-39, 45-23-49, 45-23-50, 45-23-50.1, 45-1
23+23-62 and 45-23-71 of the General Laws in Chapter 45-23 entitled "Subdivision of Land" are 2
24+hereby amended to read as follows: 3
25+45-23-32. Definitions Definitions -- Effective January 1, 2024. 4
26+Where words or phrases used in this chapter are defined in the definitions section of either 5
27+the Rhode Island Comprehensive Planning and Land Use Regulation Act, § 45-22.2-4, or the Rhode 6
28+Island Zoning Enabling Act of 1991, § 45-24-31, they have the meanings stated in those acts. 7
29+Additional words and phrases may be defined in local ordinances, regulations and rules under this 8
30+act. The words and phrases defined in this section, however, shall be controlling in all local 9
31+ordinances, regulations, and rules created under this chapter. See also § 45-23-34. In addition, the 10
32+following words and phrases have the following meanings: 11
33+(1) Administrative officer. The municipal official designated by the local regulations to 12
34+administer the land development and subdivision regulations and to coordinate with local boards 13
35+and commissions, municipal staff and state agencies. The administrative officer may be a member 14
36+of, or the chair, of the planning board, or an appointed official of the municipality. See § 45-23-55. 15
37+(2) Administrative subdivision. Re-subdivision of existing lots which yields no additional 16
38+lots for development, and involves no creation or extension of streets. The re-subdivision only 17
39+involves divisions, mergers, mergers and division, or adjustments of boundaries of existing lots. 18
40+(3) Board of appeal. The local review authority for appeals of actions of the administrative 19
4141
4242
43-LC002501/SUB A - Page 2 of 50
44-specified in § 45-23-64. 1
45-45-23-32. Definitions Definitions -- Effective January 1, 2024. 2
46-Where words or phrases used in this chapter are defined in the definitions section of either 3
47-the Rhode Island Comprehensive Planning and Land Use Regulation Act, § 45-22.2-4, or the Rhode 4
48-Island Zoning Enabling Act of 1991, § 45-24-31, they have the meanings stated in those acts. 5
49-Additional words and phrases may be defined in local ordinances, regulations and rules under this 6
50-act in a manner that does not conflict or alter the terms or mandates in this act, the Rhode Island 7
51-Comprehensive Planning and Land Use Regulation Act § 45-22.2-4, and the Rhode Island Zoning 8
52-Enabling Act of 1991. The words and phrases defined in this section, however, shall be controlling 9
53-in all local ordinances, regulations, and rules created under this chapter. See also § 45-23-34. In 10
54-addition, the following words and phrases have the following meanings: 11
55-(1) Administrative officer. The municipal official(s) designated by the local regulations to 12
56-administer the land development and subdivision regulations and to review and approve qualified 13
57-applications and/or coordinate with local boards and commissions, municipal staff and state 14
58-agencies as set forth herein. The administrative officer may be a member of, or the chair, of the 15
59-planning board, an employee of the municipal planning or zoning departments, or an appointed 16
60-official of the municipality. See § 45-23-55. 17
61-(2) Administrative subdivision. Re-subdivision of existing lots which yields no additional 18
62-lots for development, and involves no creation or extension of streets. The re-subdivision only 19
63-involves divisions, mergers, mergers and division, or adjustments of boundaries of existing lots. 20
64-(3) Board of appeal. The local review authority for appeals of actions of the administrative 21
65-officer and the planning board on matters of land development or subdivision, which shall be the 22
66-local zoning board of review constituted as the board of appeal. See § 45-23-57. 23
67-(4) Bond. See improvement guarantee. 24
68-(5) Buildable lot. A lot where construction for the use(s) permitted on the site under the 25
69-local zoning ordinance is considered practicable by the planning board, considering the physical 26
70-constraints to development of the site as well as the requirements of the pertinent federal, state and 27
71-local regulations. See § 45-23-60(4). 28
72-(6) Certificate of completeness. A notice issued by the administrative officer informing an 29
73-applicant that the application is complete and meets the requirements of the municipality’s 30
74-regulations, and that the applicant may proceed with the approval review process. 31
75-(7) Concept plan. A drawing with accompanying information showing the basic elements 32
76-of a proposed land development plan or subdivision as used for pre-application meetings and early 33
77-discussions, and classification of the project within the approval process. 34
43+LC002501 - Page 2 of 32
44+officer and the planning board on matters of land development or subdivision, which shall be the 1
45+local zoning board of review constituted as the board of appeal. See § 45-23-57. 2
46+(4)(3) Bond. See improvement guarantee. 3
47+(5)(4) Buildable lot. A lot where construction for the use(s) permitted on the site under the 4
48+local zoning ordinance is considered practicable by the planning board, considering the physical 5
49+constraints to development of the site as well as the requirements of the pertinent federal, state and 6
50+local regulations. See § 45-23-60(4). 7
51+(6)(5) Certificate of completeness. A notice issued by the administrative officer informing 8
52+an applicant that the application is complete and meets the requirements of the municipality’s 9
53+regulations, and that the applicant may proceed with the approval process. 10
54+(7)(6) Concept plan. A drawing with accompanying information showing the basic 11
55+elements of a proposed land development plan or subdivision as used for pre-application meetings 12
56+and early discussions, and classification of the project within the approval process. 13
57+(8)(7) Consistency with the comprehensive plan. A requirement of all local land use 14
58+regulations which means that all these regulations and subsequent actions are in accordance with 15
59+the public policies arrived at through detailed study and analysis and adopted by the municipality 16
60+as the comprehensive community plan as specified in § 45-22.2-3. 17
61+(9)(8) Dedication, fee-in-lieu-of. Payments of cash which are authorized in the local 18
62+regulations when requirements for mandatory dedication of land are not met because of physical 19
63+conditions of the site or other reasons. The conditions under which the payments will be allowed 20
64+and all formulas for calculating the amount shall be specified in advance in the local regulations. 21
65+See § 45-23-47. 22
66+(9) Development plan review. The process whereby authorized, local officials review the 23
67+site plans, maps, and other documentation of a development qualifying for this review as set forth 24
68+in § 45-23-50, to determine the compliance with the specific and objective standards of the 25
69+ordinance and/or regulations. 26
70+(10) Development regulation. Zoning, subdivision, land development plan, development 27
71+plan review, historic district, official map, flood plain regulation, soil erosion control or any other 28
72+governmental regulation of the use and development of land. 29
73+(11) Division of land. A subdivision. 30
74+(12) Environmental constraints. Natural features, resources, or land characteristics that are 31
75+sensitive to change and may require conservation measures or the application of special 32
76+development techniques to prevent degradation of the site, or may require limited development, or 33
77+in certain instances, may preclude development. See also physical constraints to development. 34
7878
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81-(8) Consistency with the comprehensive plan. A requirement of all local land use 1
82-regulations which means that all these regulations and subsequent actions are in accordance with 2
83-the public policies arrived at through detailed study and analysis and adopted by the municipality 3
84-as the comprehensive community plan as specified in § 45-22.2-3. 4
85-(9) Dedication, fee-in-lieu-of. Payments of cash which are authorized in the local 5
86-regulations when requirements for mandatory dedication of land are not met because of physical 6
87-conditions of the site or other reasons. The conditions under which the payments will be allowed 7
88-and all formulas for calculating the amount shall be specified in advance in the local regulations. 8
89-See § 45-23-47. 9
90-(10) Development plan review. Design or site plan review of a development of a permitted 10
91-use. A municipality may utilize development plan review under limited circumstances to encourage 11
92-development to comply with design and/or performance standards of the community under specific 12
93-and objective guidelines, for developments including, but not limited to: 13
94-(i) A change in use at the property where no extensive construction of improvements is 14
95-sought; 15
96-(ii) An adaptive reuse project located in a commercial zone where no extensive exterior 16
97-construction of improvements is sought; 17
98-(iii) An adaptive reuse project located in a residential zone which results in less than nine 18
99-(9) residential units; 19
100-(iv) Development in a designated urban or growth center; 20
101-(v) Institutional development design review for educational or hospital facilities; or 21
102-(vi) Development in a historic district. 22
103-(10)(11) Development regulation. Zoning, subdivision, land development plan, 23
104-development plan review, historic district, official map, flood plain regulation, soil erosion control 24
105-or any other governmental regulation of the use and development of land. 25
106-(11)(12) Division of land. A subdivision. 26
107-(12)(13) Environmental constraints. Natural features, resources, or land characteristics that 27
108-are sensitive to change and may require conservation measures or the application of special 28
109-development techniques to prevent degradation of the site, or may require limited development, or 29
110-in certain instances, may preclude development. See also physical constraints to development. 30
111-(13)(14) Final plan. The final stage of land development and subdivision review. See § 45-31
112-23-43. 32
113-(14)(15) Final plat. The final drawing(s) of all or a portion of a subdivision to be recorded 33
114-after approval by the planning board and any accompanying material as described in the 34
80+LC002501 - Page 3 of 32
81+(13) Final plan. The final stage of land development and subdivision review. See § 45-23-1
82+43. 2
83+(14) Final plat. The final drawing(s) of all or a portion of a subdivision to be recorded after 3
84+approval by the planning board and any accompanying material as described in the community’s 4
85+regulations and/or required by the planning board. 5
86+(15) Floor area, gross. See R.I. State Building Code. 6
87+(16) Governing body. The body of the local government, generally the city or town council, 7
88+having the power to adopt ordinances, accept public dedications, release public improvement 8
89+guarantees, and collect fees. 9
90+(17) Improvement. Any natural or built item which becomes part of, is placed upon, or is 10
91+affixed to, real estate. 11
92+(18) Improvement guarantee. A security instrument accepted by a municipality to ensure 12
93+that all improvements, facilities, or work required by the land development and subdivision 13
94+regulations, or required by the municipality as a condition of approval, will be completed in 14
95+compliance with the approved plans and specifications of a development. See § 45-23-46. 15
96+(19) Land-development project. A project in which one or more lots, tracts, or parcels of 16
97+land are developed or redeveloped as a coordinated site for one or more uses, units, or structures, 17
98+including, but not limited to, planned development or cluster development for residential, 18
99+commercial, institutional, recreational, open space, or mixed uses. 19
100+(19)(20) Local regulations. The land development and subdivision review regulations 20
101+adopted under the provisions of this act. For purposes of clarification, throughout this act, where 21
102+reference is made to local regulations, it is be understood as the land development and subdivision 22
103+review regulations and all related ordinances and rules properly adopted pursuant to this chapter. 23
104+(20)(21) Maintenance guarantee. Any security instrument which may be required and 24
105+accepted by a municipality to ensure that necessary improvements will function as required for a 25
106+specific period of time. See improvement guarantee. 26
107+(21)(22) Major land development plan. Any . The process by which a municipal planning 27
108+board or commission reviews a land development plan not classified as a minor land development 28
109+plan qualifying for this review under § 45-23-39. 29
110+(22)(23) Major subdivision. Any subdivision not classified as either an administrative 30
111+subdivision or a minor subdivision The process by which a municipal planning board or 31
112+commission reviews any subdivision qualifying for this review under § 45-23-39. 32
113+(23)(24) Master plan. An overall plan for a proposed project site outlining general, rather 33
114+than detailed, development intentions. It describes the basic parameters of a major development 34
115115
116116
117-LC002501/SUB A - Page 4 of 50
118-community’s regulations and/or required by the planning board. 1
119-(15)(16) Floor area, gross. See R.I. State Building Code. 2
120-(16)(17) Governing body. The body of the local government, generally the city or town 3
121-council, having the power to adopt ordinances, accept public dedications, release public 4
122-improvement guarantees, and collect fees. 5
123-(17)(18) Improvement. Any natural or built item which becomes part of, is placed upon, or 6
124-is affixed to, real estate. 7
125-(18)(19) Improvement guarantee. A security instrument accepted by a municipality to 8
126-ensure that all improvements, facilities, or work required by the land development and subdivision 9
127-regulations, or required by the municipality as a condition of approval, will be completed in 10
128-compliance with the approved plans and specifications of a development. See § 45-23-46. 11
129-(20) Land-development project. A project in which one or more lots, tracts, or parcels of 12
130-land or a portion thereof are developed or redeveloped as a coordinated site for one or more uses, 13
131-units, or structures, including but not limited to, planned development or cluster development for 14
132-residential commercial, institutional, recreational, open space, or mixed uses. The local regulations 15
133-shall include all requirements, procedures and standards necessary for proper review and approval 16
134-of land development projects to ensure consistency with this chapter and the Rhode Island zoning 17
135-enabling act. 18
136-(i) Minor land development project. A land development project involving any one the 19
137-following: 20
138-(A) Seven thousand five hundred (7,500) gross square feet of floor area of new commercial, 21
139-manufacturing or industrial development; or less, or 22
140-(B) An expansion of up to fifty percent (50%) of existing floor area or up to ten thousand 23
141-(10,000) square feet for commercial, manufacturing or industrial structures; or 24
142-(C) Mixed-use development consisting of up to six (6) dwelling units and two thousand 25
143-five hundred (2,500) gross square feet of commercial space or less; or 26
144-(D) Multi-family residential or residential condominium development of nine (9) units or 27
145-less; or 28
146-(E) Change in use at the property where no extensive construction of improvements are 29
147-sought; 30
148-(F) An adaptive reuse project of up to twenty-five thousand (25,000) square feet of gross 31
149-floor area located in a commercial zone where no extensive exterior construction of improvements 32
150-is sought; 33
151-(G) An adaptive reuse project located in a residential zone which results in less than nine 34
117+LC002501 - Page 4 of 32
118+proposal, rather than giving full engineering details. Required in major land development or major 1
119+subdivision review only. See § 45-23-40. 2
120+(24) Minor land development plan. A development plan for a residential project as defined 3
121+in local regulations, provided that the development does not require waivers or modifications as 4
122+specified in this act. All nonresidential land development projects are considered major land 5
123+development plans. 6
124+(25) Minor subdivision. A plan for a subdivision of land consisting of five (5) or fewer 7
125+units or lots, provided that the subdivision does not require waivers or modifications as specified 8
126+in this chapter. 9
127+(26)(25) Modification of requirements. See § 45-23-62. 10
128+(27)(26) Parcel. A lot, or contiguous group of lots in single ownership or under single 11
129+control, and usually considered a unit for purposes of development. Also referred to as a tract. 12
130+(28)(27) Parking area or lot. All that portion of a development that is used by vehicles, the 13
131+total area used for vehicular access, circulation, parking, loading and unloading. 14
132+(29)(28) Permitting authority. The local agency of government specifically empowered by 15
133+state enabling law and local ordinance to hear and decide on specific matters pertaining to local 16
134+land use. 17
135+(30)(29) Phased development. Development, usually for large-scale projects, where 18
136+construction of public and/or private improvements proceeds by sections subsequent to approval 19
137+of a master plan for the entire site. See § 45-23-48. 20
138+(31)(30) Physical constraints to development. Characteristics of a site or area, either natural 21
139+or man-made, which present significant difficulties to construction of the uses permitted on that 22
140+site, or would require extraordinary construction methods. See also environmental constraints. 23
141+(32)(31) Planning board. The official planning agency of a municipality, whether 24
142+designated as the plan commission, planning commission, plan board, or as otherwise known. 25
143+(33)(32) Plat. A drawing or drawings of a land development or subdivision plan showing 26
144+the location, boundaries, and lot lines of individual properties, as well as other necessary 27
145+information as specified in the local regulations. 28
146+(34)(33) Pre-application conference. An initial meeting between developers and municipal 29
147+representatives which affords developers the opportunity to present their proposals informally and 30
148+to receive comments and directions from the municipal officials and others. See § 45-23-35. 31
149+(35)(34) Preliminary plan. The A required stage of land development and subdivision 32
150+review for formal development plan review, major land development review, comprehensive 33
151+permits and major subdivisions which generally requires detailed engineered drawings and all 34
152152
153153
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155-(9) residential units; 1
156-A community can increase, but not decrease the thresholds for minor land development set 2
157-forth above if specifically set forth in the local ordinance and/or regulations. The process by which 3
158-minor land development projects are reviewed by the local planning board, commission, technical 4
159-review committee and/or administrative officer is set forth in § 45-23-38. 5
160-(ii) Major land development project. A land development project which exceeds the 6
161-thresholds for a minor land development project as set forth in this section and local ordinance or 7
162-regulation. The process by which major land development projects are reviewed by the local 8
163-planning board, commission, technical review committee or administrative officer is set forth in § 9
164-45-23-39. 10
165-(21) Local regulations. The land development and subdivision review regulations adopted 11
166-under the provisions of this act. For purposes of clarification, throughout this act, where reference 12
167-is made to local regulations, it is to be understood as the land development and subdivision review 13
168-regulations and all related ordinances and rules properly adopted pursuant to this chapter. 14
169-(20)(22) Maintenance guarantee. Any security instrument which may be required and 15
170-accepted by a municipality to ensure that necessary improvements will function as required for a 16
171-specific period of time. See improvement guarantee. 17
172-(21) Major land development plan. Any land development plan not classified as a minor 18
173-land development plan. 19
174-(22) Major subdivision. Any subdivision not classified as either an administrative 20
175-subdivision or a minor subdivision. 21
176-(23) Master plan. An overall plan for a proposed project site outlining general, rather than 22
177-detailed, development intentions. It describes the basic parameters of a major development 23
178-proposal, rather than giving full engineering details. Required in major land development or major 24
179-subdivision review only. It is the first formal review step of the major land development or major 25
180-subdivision process and the step in the process in which the public hearing is held . See § 45-23-40 26
181-45-23-39. 27
182-(24) Minor land development plan. A development plan for a residential project as defined 28
183-in local regulations, provided that the development does not require waivers or modifications as 29
184-specified in this act. All nonresidential land development projects are considered major land 30
185-development plans. 31
186-(25) Minor subdivision. A plan for a subdivision of land consisting of five (5) or fewer 32
187-units or lots, provided that the subdivision does not require waivers or modifications as specified 33
188-in this chapter. 34
154+LC002501 - Page 5 of 32
155+required state and federal permits. See § 45-23-41. 1
156+(36)(35) Public improvement. Any street or other roadway, sidewalk, pedestrian way, tree, 2
157+lawn, off-street parking area, drainage feature, or other facility for which the local government or 3
158+other governmental entity either is presently responsible, or will ultimately assume the 4
159+responsibility for maintenance and operation upon municipal acceptance. 5
160+(37)(36) Public informational meeting. A meeting of the planning board or governing body 6
161+preceded by a notice, open to the public and at which the public is heard. 7
162+(38)(37) Re-subdivision. Any change of an approved or recorded subdivision plat or in a 8
163+lot recorded in the municipal land evidence records, or that affects the lot lines of any areas reserved 9
164+for public use, or that affects any map or plan legally recorded prior to the adoption of the local 10
165+land development and subdivision regulations. For the purposes of this act any action constitutes a 11
166+subdivision. 12
167+(39)(38) Slope of land. The grade, pitch, rise or incline of the topographic landform or 13
168+surface of the ground. 14
169+(40)(39) Storm water detention. A provision for storage of storm water runoff and the 15
170+controlled release of the runoff during and after a flood or storm. 16
171+(41)(40) Storm water retention. A provision for storage of storm water runoff. 17
172+(42)(41) Street. A public or private thoroughfare used, or intended to be used, for passage 18
173+or travel by motor vehicles. Streets are further classified by the functions they perform. See street 19
174+classification. 20
175+(43)(42) Street, access to. An adequate and permanent way of entering a lot. All lots of 21
176+record shall have access to a public street for all vehicles normally associated with the uses 22
177+permitted for that lot. 23
178+(44)(43) Street, alley. A public or private thoroughfare primarily designed to serve as 24
179+secondary access to the side or rear of those properties whose principal frontage is on some other 25
180+street. 26
181+(45)(44) Street, cul-de-sac. A local street with only one outlet and having an appropriate 27
182+vehicular turnaround, either temporary or permanent, at the closed end. 28
183+(46)(45) Street, limited access highway. A freeway or expressway providing for through 29
184+traffic. Owners or occupants of abutting property on lands and other persons have no legal right to 30
185+access, except at the points and in the manner as may be determined by the public authority having 31
186+jurisdiction over the highway. 32
187+(47)(46) Street, private. A thoroughfare established as a separate tract for the benefit of 33
188+multiple, adjacent properties and meeting specific, municipal improvement standards. This 34
189189
190190
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192-(26)(24) Modification of requirements. See § 45-23-62. 1
193-(27)(25) Parcel. A lot, or contiguous group of lots in single ownership or under single 2
194-control, and usually considered a unit for purposes of development. Also referred to as a tract. 3
195-(28)(26) Parking area or lot. All that portion of a development that is used by vehicles, the 4
196-total area used for vehicular access, circulation, parking, loading and unloading. 5
197-(29)(27) Permitting authority. The local agency of government, meaning any board, 6
198-commission or administrative officer specifically empowered by state enabling law and local 7
199-regulation or ordinance to hear and decide on specific matters pertaining to local land use. 8
200-(30)(28) Phased development. Development, usually for large-scale projects, where 9
201-construction of public and/or private improvements proceeds by sections subsequent to approval 10
202-of a master plan for the entire site. See § 45-23-48. 11
203-(31)(29) Physical constraints to development. Characteristics of a site or area, either natural 12
204-or man-made, which present significant difficulties to construction of the uses permitted on that 13
205-site, or would require extraordinary construction methods. See also environmental constraints. 14
206-(32)(30) Planning board. The official planning agency of a municipality, whether 15
207-designated as the plan commission, planning commission, plan board, or as otherwise known. 16
208-(33)(31) Plat. A drawing or drawings of a land development or subdivision plan showing 17
209-the location, boundaries, and lot lines of individual properties, as well as other necessary 18
210-information as specified in the local regulations. 19
211-(34)(32) Pre-application conference. An initial meeting between developers and municipal 20
212-representatives which affords developers the opportunity to present their proposals informally and 21
213-to receive comments and directions from the municipal officials and others. See § 45-23-35. 22
214-(35)(33) Preliminary plan. The A required stage of land development and subdivision 23
215-review which generally requires detailed engineered drawings and all required state and federal 24
216-permits. See § 45-23-41 45-23-39. 25
217-(34) Public hearing. A hearing before the planning board which is duly noticed in 26
218-accordance with § 45-23-42 and which allows public comment. A public hearing is not required 27
219-for an application or stage of approval unless otherwise stated in this chapter. 28
220-(36)(35) Public improvement. Any street or other roadway, sidewalk, pedestrian way, tree, 29
221-lawn, off-street parking area, drainage feature, or other facility for which the local government or 30
222-other governmental entity either is presently responsible, or will ultimately assume the 31
223-responsibility for maintenance and operation upon municipal acceptance. 32
224-(37) Public informational meeting. A meeting of the planning board or governing body 33
225-preceded by a notice, open to the public and at which the public is heard. 34
191+LC002501 - Page 6 of 32
192+definition does not apply to driveways. 1
193+(48)(47) Street, public. All public property reserved or dedicated for street traffic. 2
194+(49)(48) Street, stub. A portion of a street reserved to provide access to future development, 3
195+which may provide for utility connections. 4
196+(50)(49) Street classification. A method of roadway organization which identifies a street 5
197+hierarchy according to function within a road system, that is, types of vehicles served and 6
198+anticipated volumes, for the purposes of promoting safety, efficient land use and the design 7
199+character of neighborhoods and districts. Local classifications use the following as major 8
200+categories: 9
201+(a) Arterial. A major street that serves as an avenue for the circulation of traffic into, out 10
202+of, or around the municipality and carries high volumes of traffic. 11
203+(b) Collector. A street whose principal function is to carry traffic between local streets and 12
204+arterial streets but that may also provide direct access to abutting properties. 13
205+(c) Local. Streets whose primary function is to provide access to abutting properties. 14
206+(51)(50) Subdivider. Any person who (1) having an interest in land, causes it, directly or 15
207+indirectly, to be divided into a subdivision or who (2) directly or indirectly sells, leases, or develops, 16
208+or offers to sell, lease, or develop, or advertises to sell, lease, or develop, any interest, lot, parcel, 17
209+site, unit, or plat in a subdivision, or who (3) engages directly or through an agent in the business 18
210+of selling, leasing, developing, or offering for sale, lease, or development a subdivision or any 19
211+interest, lot, parcel, site, unit, or plat in a subdivision. 20
212+(52)(51) Subdivision. The division or re-division, of a lot, tract or parcel of land into two 21
213+or more lots, tracts, or parcels. Any adjustment to existing lot lines of a recorded lot by any means 22
214+is considered a subdivision. All re-subdivision activity is considered a subdivision. The division of 23
215+property for purposes of financing constitutes a subdivision. 24
216+(53)(52) Technical review committee. A committee appointed by the planning board for 25
217+the purpose of reviewing, commenting, and making recommendations to the planning board with 26
218+respect to approval of land development and subdivision applications. 27
219+(54)(53) Temporary improvement. Improvements built and maintained by a developer 28
220+during construction of a development project and prior to release of the improvement guarantee, 29
221+but not intended to be permanent. 30
222+(55)(54) Vested rights. The right to initiate or continue the development of an approved 31
223+project for a specified period of time, under the regulations that were in effect at the time of 32
224+approval, even if, after the approval, the regulations change prior to the completion of the project. 33
225+(56)(55) Waiver of requirements. See § 45-23-62. 34
226226
227227
228-LC002501/SUB A - Page 7 of 50
229-(38) Re-subdivision. Any change of an approved or recorded subdivision plat or in a lot 1
230-recorded in the municipal land evidence records, or that affects the lot lines of any areas reserved 2
231-for public use, or that affects any map or plan legally recorded prior to the adoption of the local 3
232-land development and subdivision regulations. For the purposes of this act any action constitutes a 4
233-subdivision. 5
234-(39)(36) Slope of land. The grade, pitch, rise or incline of the topographic landform or 6
235-surface of the ground. 7
236-(40)(37) Storm water detention. A provision for storage of storm water runoff and the 8
237-controlled release of the runoff during and after a flood or storm. 9
238-(41)(38) Storm water retention. A provision for storage of storm water runoff. 10
239-(42)(39) Street. A public or private thoroughfare used, or intended to be used, for passage 11
240-or travel by motor vehicles. Streets are further classified by the functions they perform. See street 12
241-classification. 13
242-(43)(40) Street, access to. An adequate and permanent way of entering a lot. All lots of 14
243-record shall have access to a public street for all vehicles normally associated with the uses 15
244-permitted for that lot. 16
245-(44)(41) Street, alley. A public or private thoroughfare primarily designed to serve as 17
246-secondary access to the side or rear of those properties whose principal frontage is on some other 18
247-street. 19
248-(45)(42) Street, cul-de-sac. A local street with only one outlet and having an appropriate 20
249-vehicular turnaround, either temporary or permanent, at the closed end. 21
250-(46)(43) Street, limited access highway. A freeway or expressway providing for through 22
251-traffic. Owners or occupants of abutting property on lands and other persons have no legal right to 23
252-access, except at the points and in the manner as may be determined by the public authority having 24
253-jurisdiction over the highway. 25
254-(47)(44) Street, private. A thoroughfare established as a separate tract for the benefit of 26
255-multiple, adjacent properties and meeting specific, municipal improvement standards. This 27
256-definition does not apply to driveways. 28
257-(48)(45) Street, public. All public property reserved or dedicated for street traffic. 29
258-(49)(46) Street, stub. A portion of a street reserved to provide access to future development, 30
259-which may provide for utility connections. 31
260-(50)(47) Street classification. A method of roadway organization which identifies a street 32
261-hierarchy according to function within a road system, that is, types of vehicles served and 33
262-anticipated volumes, for the purposes of promoting safety, efficient land use and the design 34
228+LC002501 - Page 7 of 32
229+45-23-36. General provisions — Application for development and certification of 1
230+completeness General provisions -- Application for development and certification of 2
231+completeness -- Effective January 1, 2024. 3
232+(a) Classification. The (1) In accordance with this chapter the administrative officer shall 4
233+advise the applicant as to which approvals are category of approval is required and the appropriate 5
234+board for hearing an application for a land development or subdivision project. The following types 6
235+categories of applications, as defined in § 45-23-32, may be filed: 7
236+(1)(i) Administrative subdivision; 8
237+(2) Minor subdivision or minor land development plan (ii) Administrative or formal 9
238+development plan review; and 10
239+(3)(iii) Major subdivision or major land development plan. 11
240+(2) A development plan review application or major subdivision or major land 12
241+development application requiring relief from the zoning ordinance shall be reviewed by the 13
242+planning board under procedures for unified development review pursuant to §§ 45-23-50.1 and 14
243+45-24-46.4. 15
244+(b) Certification of a complete application. An application shall be complete for purposes 16
245+of commencing the applicable time period for action when so certified by the administrative officer. 17
246+Every certification of completeness required by this chapter shall be in writing. In the event the 18
247+certification of the application is not made within the time specified in this chapter for the type of 19
248+plan, the application is deemed complete for purposes of commencing the review period unless the 20
249+application lacks information required for these applications as specified in the local regulations 21
250+and the administrative officer has notified the applicant, in writing, of the deficiencies in the 22
251+application. 23
252+(c) Notwithstanding subsections (a) and (b) of this section, the planning board may 24
253+subsequently require correction of any information found to be in error and submission of 25
254+additional information specified in the regulations but not required by the administrative officer 26
255+prior to certification, as is necessary to make an informed decision. 27
256+(d) Where the review is postponed with the consent of the applicant, pending further 28
257+information or revision of information, the time period for review is stayed and resumes when the 29
258+administrative officer or the planning board determines that the required application information is 30
259+complete. 31
260+45-23-39. General provisions — Major land development and major subdivision 32
261+review stages General provisions -- Major land development and major subdivision review 33
262+stages -- Effective January 1, 2024. 34
263263
264264
265-LC002501/SUB A - Page 8 of 50
266-character of neighborhoods and districts. Local classifications use the following as major 1
267-categories: 2
268-(a) Arterial. A major street that serves as an avenue for the circulation of traffic into, out 3
269-of, or around the municipality and carries high volumes of traffic. 4
270-(b) Collector. A street whose principal function is to carry traffic between local streets and 5
271-arterial streets but that may also provide direct access to abutting properties. 6
272-(c) Local. Streets whose primary function is to provide access to abutting properties. 7
273-(51)(48) Subdivider. Any person who (1) having an interest in land, causes it, directly or 8
274-indirectly, to be divided into a subdivision or who (2) directly or indirectly sells, leases, or develops, 9
275-or offers to sell, lease, or develop, or advertises to sell, lease, or develop, any interest, lot, parcel, 10
276-site, unit, or plat in a subdivision, or who (3) engages directly or through an agent in the business 11
277-of selling, leasing, developing, or offering for sale, lease, or development a subdivision or any 12
278-interest, lot, parcel, site, unit, or plat in a subdivision. 13
279-(52)(49) Subdivision. The division or re-division, of a lot, tract or parcel of land into two 14
280-or more lots, tracts, or parcels. Any or any adjustment to existing lot lines of a recorded lot by any 15
281-means is considered a subdivision. All re-subdivision activity is considered a subdivision. The 16
282-division of property for purposes of financing constitutes a subdivision. 17
283-(i) Administrative subdivision. Subdivision of existing lots which yields no additional lots 18
284-for development, and involves no creation or extension of streets. This subdivision only involves 19
285-division, mergers, mergers and division, or adjustments of boundaries of existing lots. The process 20
286-by which an administrative officer or municipal planning board or commission reviews any 21
287-subdivision qualifying for this review is set forth in § 45-23-37. 22
288-(ii) Minor subdivision. A subdivision creating nine (9) or fewer buildable lots. The process 23
289-by which a municipal planning board, commission, technical review committee, and/or 24
290-administrative officer reviews a minor subdivision is set forth in § 45-23-38. 25
291-(iii) Major subdivision. A subdivision creating ten (10) or more buildable lots. The process 26
292-by which a municipal planning board or commission reviews any subdivision qualifying for this 27
293-review under § 45-23-39. 28
294-(53)(50) Technical review committee. A committee or committees appointed by the 29
295-planning board municipality for the purpose of reviewing, commenting, and approving and/or 30
296-making recommendations to the planning board with respect to approval of land development and 31
297-subdivision applications or administrative officer, as set forth in this chapter. 32
298-(54)(51) Temporary improvement. Improvements built and maintained by a developer 33
299-during construction of a development project and prior to release of the improvement guarantee, 34
265+LC002501 - Page 8 of 32
266+(a) Major plan review is required of all applications for land development and subdivision 1
267+approval subject to this chapter, unless classified as an administrative subdivision or as a minor 2
268+land development or a minor subdivision development plan review. 3
269+(b) Major plan review consists of three stages of review, master plan, preliminary plan and 4
270+final plan, following the pre-application meeting(s) specified in § 45-23-35. Also required is a 5
271+public informational meeting and a public meeting. 6
272+(c) The planning board may vote to combine review stages and to modify and/or waive 7
273+requirements as specified in § 45-23-62. Review stages may be combined only after the planning 8
274+board determines that all necessary requirements have been met by the applicant. 9
275+(d) All major land developments and major subdivisions requiring relief from the literal 10
276+use or dimensional requirements of a municipal zoning ordinance shall be reviewed as unified 11
277+development review pursuant to § 45-23-50.1. 12
278+45-23-49. Special provisions — Land development projects Special provisions -- Land 13
279+development projects -- Effective January 1, 2024. 14
280+(a) If municipalities Municipalities shall provide for the submission and approval of land 15
281+development projects, as defined in § 45-24-47 of the Rhode Island Zoning Enabling Act of 1991, 16
282+and the projects are subject to the local regulations. 17
283+(b) In these instances, the local regulations must include all requirements, procedures and 18
284+standards necessary for proper review and approval of land development projects to ensure 19
285+consistency with the intent and purposes of this chapter and with § 45-24-47 of the Rhode Island 20
286+Zoning Enabling Act of 1991. 21
287+45-23-50. Special provisions — Development plan review Special provisions -- 22
288+Development plan review -- Effective January 1, 2024. 23
289+(a) Municipalities may shall provide for development plan review, as defined in § 45-24-24
290+49 of the Rhode Island Zoning Enabling Act of 1991, to be subject to as part of the local regulations. 25
291+(b) In these instances, local regulations must include all requirements, procedures and standards 26
292+necessary for proper review and recommendations of projects subject to development plan review 27
293+to ensure consistency with the intent and purposes of this chapter and with § 45-24-49 of the Rhode 28
294+Island Zoning Enabling Act of 1991. 29
295+(b) Types of review. The following types of applications, which can include subdivisions, 30
296+re-subdivisions, adaptive reuse and land development projects are to be reviewed by a municipality 31
297+pursuant to development plan approval: 32
298+(1)(A) Administrative development plan review. The following application categories shall 33
299+be reviewed administratively by the administrative officer or technical review committee: 34
300300
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302-LC002501/SUB A - Page 9 of 50
303-but not intended to be permanent. 1
304-(55)(52) Vested rights. The right to initiate or continue the development of an approved 2
305-project for a specified period of time, under the regulations that were in effect at the time of 3
306-approval, even if, after the approval, the regulations change prior to the completion of the project. 4
307-(56)(53) Waiver of requirements. See § 45-23-62. 5
308-45-23-36. General provisions — Application for development and certification of 6
309-completeness General provisions -- Authority and application for development and 7
310-certification of completeness -- Effective January 1, 2024. 8
311-(a) Authority. Municipalities shall provide for the submission and approval of land 9
312-development projects and subdivisions, as such terms are defined in the Rhode Island Zoning 10
313-Enabling Act of 1991, and/or this chapter, and such are subject to the local regulations which 11
314-shall be consistent with the requirements of this chapter. The local regulations must include all 12
315-requirements, procedures and standards necessary for proper review and approval of applications 13
316-made under this chapter to ensure consistency with the intent and purposes of this chapter and 14
317-with § 45-24-47 of the Rhode Island Zoning Enabling Act of 1991. 15
318-(b) Classification. The In accordance with this chapter, the administrative officer shall 16
319-advise the applicant as to which approvals are category of approval is required and the appropriate 17
320-board for hearing an application for a land development or subdivision project. An applicant shall 18
321-not be required to obtain both land development and development plan review, for the same project. 19
322-The following types categories of applications, as defined in § 45-23-32 this chapter, may be filed: 20
323-(1) Subdivisions. Administrative subdivision, minor subdivision or major subdivision; 21
324-(2) Minor subdivision or minor land development plan; and Land development projects. 22
325-Minor land development or major land development; and 23
326-(3) Development plan review. 24
327-(3) Major subdivision or major land development plan. 25
328-(b)(c) Certification of a complete application. An application shall be complete for 26
329-purposes of commencing the applicable time period for action when so certified by the 27
330-administrative officer. Every certification of completeness required by this chapter shall be in 28
331-writing. In the event the certification of the application is not made within the time specified in this 29
332-chapter for the type of plan, the application is deemed complete for purposes of commencing the 30
333-review period unless the application lacks information required for these applications as specified 31
334-in the local regulations and the administrative officer has notified the applicant, in writing, of the 32
335-deficiencies in the application. See §§ 45-23-38, 45-23-39 and 45-23-50 for applicable certification 33
336-timeframes and requirements. 34
302+LC002501 - Page 9 of 32
303+(i) Any new one, two (2) or three (3) family residential structures; 1
304+(ii) All subdivisions which involve the creation of lots which comply with all zoning 2
305+requirements and design standards of local ordinances and regulations and do not result in the 3
306+creation or extension of a public roadway; 4
307+(iii) Accessory structures under twelve hundred square feet (1,200 sq. ft) of gross floor 5
308+area; 6
309+(iv) Exterior additions with a gross floor area of under one thousand feet (1,000'); 7
310+(v) Development plans for sites where less than two (2) acres shall be disturbed. The area 8
311+of disturbance shall include any temporary clearing or storage associated with construction related 9
312+activities; 10
313+(vi) Proposed development requiring fewer than twenty (20) parking spaces; and 11
314+(vii) Proposed development having less than fifty thousand square feet (50,000 sq. ft) of 12
315+new floor area. 13
316+(B) Notwithstanding anything in this chapter to the contrary, a municipality may utilize the 14
317+administrative development plan review process to review any use permitted by right which 15
318+complies with all other zoning standards for purposes of design review. 16
319+(2)(A) Formal development plan review. The following application categories shall be 17
320+reviewed by the municipal planning board: 18
321+(i) Commercial or industrial developments in which the total floor area is less than one 19
322+hundred thousand square feet (100,000 sq. ft); 20
323+(ii) Commercial or industrial projects permitted by right which do not seek relief from the 21
324+literal provisions of the zoning ordinance; 22
325+(iii) Mixed use developments in which the total floor area is less than two hundred thousand 23
326+square feet (200,000 sq. ft); 24
327+(iv) Multi-family development projects with less than fifty thousand square feet (50,000 25
328+sq. ft) of gross floor area: 26
329+(v) Adaptive reuse projects, as defined in § 42-64.22-2 and also those as provided for in § 27
330+45-24-37; and 28
331+(vi) Subdivisions which seek relief from the zoning ordinance or waivers from design 29
332+standards or which require the extension or creation of a public roadway. 30
333+(B) A planning board may waive requirements for adaptive reuse projects otherwise 31
334+qualifying for formal development plan approval where there is a change in use or occupancy and 32
335+no extensive construction of improvements is sought. The waiver may be granted only by a decision 33
336+by the planning board finding that the use will not affect existing drainage, circulation, relationship 34
337337
338338
339-LC002501/SUB A - Page 10 of 50
340-(c)(d) Notwithstanding subsections (a) and (b) other provisions of this section, the planning 1
341-board may subsequently require correction of any information found to be in error and submission 2
342-of additional information specified in the regulations but not required by the administrative officer 3
343-prior to certification, as is necessary to make an informed decision. 4
344-(d)(e) Where the review is postponed with the consent of the applicant, pending further 5
345-information or revision of information, the time period for review is stayed and resumes when the 6
346-administrative officer or the planning board determines that the required application information is 7
347-complete. 8
348-45-23-38. General provisions — Minor land development and minor subdivision 9
349-review General provisions -- Minor land development and minor subdivision review -- 10
350-Effective January 1, 2024. 11
351-(a) Review stages. Minor plan review consists of two (2) stages, preliminary and final; 12
352-provided, that if a street creation or extension is involved, or a request for variances and/or special-13
353-use permits are submitted, pursuant to the regulation’s unified development review provisions, a 14
354-public hearing is required. The planning board may combine the approval stages, providing 15
355-requirements for both stages are met by the applicant to the satisfaction of the planning officials. 16
356-Application types and review stages. 17
357-(1) Applications requesting relief from the zoning ordinance. 18
358-(i) Applications under this section which require relief which qualifies only as a 19
359-modification under § 45-24-46 and local ordinances shall proceed by filing an application under 20
360-this chapter and a request for a modification to the zoning enforcement officer. If such modification 21
361-is granted the application shall then proceed to be reviewed by the administrative officer pursuant 22
362-to the applicable requirements of this section. If the modification is denied or an objection is 23
363-received as set forth in § 45-24-46, such application shall proceed under unified development plan 24
364-review pursuant to § 45-23-50.1. 25
365-(ii) Applications under this section which require relief from the literal provisions of the 26
366-zoning ordinance in the form of a variance or special use permit, shall be reviewed by the planning 27
367-board under unified development plan review pursuant to § 45-23-50.1, and a request for review 28
368-shall accompany the preliminary plan application. 29
369-(iii) Any application involving a street creation or extension shall be reviewed by the 30
370-planning board and require a public hearing. 31
371-(2) Other applications. 32
372-The administrative officer shall review and grant, grant with conditions or deny all other 33
373-applications under this section and may grant waivers of design standards as set forth in the local 34
339+LC002501 - Page 10 of 32
340+of buildings to each other, landscaping, buffering, lighting and other considerations of development 1
341+plan approval, and that the existing facilities do not require upgraded or additional site 2
342+improvements. The application for a waiver of development plan approval review shall include 3
343+documentation, as required by the planning board, on prior use of the site. the proposed use, and its 4
344+impact. 5
345+(C) Any project not meeting one of the categories in this section, including, but not limited 6
346+to, commercial or industrial projects permitted by right but requiring relief from the dimensional 7
347+provisions of the zoning ordinance, shall be reviewed as a major land development or major 8
348+subdivision project. as applicable. 9
349+(c) Submission requirements. Any applicant requesting approval of a proposed 10
350+development under this chapter, shall submit to the administrative officer the items required by the 11
351+local regulations. Requests for relief from the literal requirements of the zoning ordinance and/or 12
352+for the issuance of special-use permits or use variances related to projects qualifying for 13
353+development plan review shall be submitted and reviewed under unified development review 14
354+pursuant to § 45-23-50.1. State approvals and permits shall not be required until the final stage of 15
355+review. 16
356+(d) Certification. The application shall be certified, in writing, complete or incomplete by 17
357+the administrative officer within twenty-five (25) days or within fifteen (15) days if no street 18
358+creation or extension is required, and/or unified development review is not required, according to 19
359+the provisions of § 45-23-36(b). The running of the time period set forth in this section will be 20
360+deemed stopped upon the issuance of a written certificate of incompleteness of the application by 21
361+the administrative officer and will recommence upon the resubmission of a corrected application 22
362+by the applicant. However, in no event will the administrative officer be required to certify a 23
363+corrected submission as complete or incomplete less than fourteen (14) days after its resubmission. 24
364+If the administrative officer certifies the application as incomplete, the officer shall set forth in 25
365+writing with specificity the missing or incomplete items. 26
366+(e) Review stages. Administrative development plan review consists of one stage of 27
367+review, while formal development plan review consists of two (2) stages of review, preliminary 28
368+and final, provided that if a street creation or extension is involved, a public hearing is required. If 29
369+there are requests for variances of the zoning ordinance and/or special-use permits requested, the 30
370+project shall be reviewed as unified development review pursuant to § 45-23-50.1. The planning 31
371+board may combine the approval stages, providing requirements for both stages are met by the 32
372+applicant to the satisfaction of the planning officials. 33
373+(f) Decision and time for review. Applications under this chapter shall be reviewed under 34
374374
375375
376-LC002501/SUB A - Page 11 of 50
377-regulations and zoning ordinance. The administrative officer may utilize the technical review 1
378-committee for initial review and recommendation. The local regulations shall specifically list what 2
379-limited waivers an administrative officer is authorized to grant as part of their review. 3
380-(3) Review stages. 4
381-Minor plan review consists of two (2) stages, preliminary and final; provided, that unless 5
382-otherwise set forth in this section, if a street creation or extension is involved, or a request for 6
383-variances and/or special-use permits are submitted, pursuant to the regulation’s unified 7
384-development review provisions, a public hearing is required before the planning board. The 8
385-administrative officer may combine the approval stages, providing requirements for both stages are 9
386-met by the applicant to the satisfaction of the administrative officer. 10
387-(b) Submission requirements. Any applicant requesting approval of a proposed, minor 11
388-subdivision or minor land development, as defined in this chapter, shall submit to the administrative 12
389-officer the items required by the local regulations. Requests for relief from the literal requirements 13
390-of the zoning ordinance and/or for the issuance of special-use permits related to minor subdivisions 14
391-and/or minor land-development projects that are submitted under a zoning ordinance’s unified 15
392-development review provisions shall be included as part of the preliminary plan application, 16
393-pursuant to § 45-23-50.1(b). 17
394-(c) Certification. The For each applicable stage of review, the application shall be certified, 18
395-in writing, complete or incomplete by the administrative officer within twenty-five (25) days or 19
396-within fifteen (15) days of the submission so long as a completed checklist of the requirements for 20
397-submission are provided as part of the submission. Such certification shall be made in accordance 21
398-with the provisions of § 45-23-36(b). If if no street creation or extension is required, and/or unified 22
399-development review is not requested, and a completed checklist of the requirements for submission 23
400-are provided as part of the submission, such application shall be certified, in writing, complete or 24
401-incomplete by the administrative officer within fifteen (15) days according to the provisions of § 25
402-45-23-36(b). The running of the time period set forth in this section will be deemed stopped upon 26
403-the issuance of a certificate of incompleteness of the application by the administrative officer and 27
404-will recommence upon the resubmission of a corrected application by the applicant. However, in 28
405-no event will the administrative officer be required to certify a corrected submission as complete 29
406-or incomplete less than fourteen (14) ten (10) days after its resubmission. 30
407-(d) Technical review committee. The technical review committee, if established, will 31
408-review the application and will comment and make recommendations to the planning board. The 32
409-application will be referred to the planning board as a whole if there is no technical review 33
410-committee. When reviewed by a technical review committee: 34
376+LC002501 - Page 11 of 32
377+specific and objective criteria and standards established by local regulation. Local regulations must 1
378+include all requirements, procedures and standards necessary for proper review and 2
379+recommendations of projects subject to development plan review to ensure consistency with the 3
380+intent and purposes of this chapter and with § 45-24-49 of the Rhode Island zoning enabling act of 4
381+1991. 5
382+(1) Administrative development plan approval. An application shall be approved, denied, 6
383+or approved with conditions within twenty-five (25) days of the certificate of completeness or 7
384+within any further time that is agreed to in writing by the applicant and administrative officer. 8
385+(2) Formal development plan approval. 9
386+(i) Preliminary plan. Unless the application is reviewed under unified development review, 10
387+the planning board will approve, deny, or approve with conditions, the preliminary plan within 11
388+sixty-five (65) days of certification of completeness, or within any further time that is agreed to by 12
389+the applicant and the board. If a street extension or creation is required, the planning board will 13
390+hold a public hearing prior to approval according to the requirements in § 45-23-42 and will 14
391+approve, deny, or approve with conditions, the preliminary plan within ninety (90) days of 15
392+certification of completeness, or within any specified time that is agreed to in writing by the 16
393+applicant and the board. 17
394+(ii) Final Plan. For formal development plan approval, the planning board may delegate 18
395+final plan review and approval to either the administrative officer or the technical review 19
396+committee. The officer or committee will report its actions in writing to the planning board at its 20
397+next regular meeting, to be made part of the record. Final plan shall be approved or denied within 21
398+forty-five (45) days after the certification of completeness, or within a further amount of time that 22
399+may be consented to by the applicant, in writing. 23
400+(g) Failure to act. Failure of the administrative officer or the planning board to act within 24
401+the period prescribed constitutes approval of the preliminary plan and a certificate of the 25
402+administrative officer as to the failure to act within the required time and the resulting approval 26
403+shall be issued on request of the application. 27
404+(h) Vested rights. Approval of development plan review shall expire two (2) years from 28
405+the date of approval unless, within that period, a plat or plan, in conformity with approval, and as 29
406+defined in this act, is submitted for signature and recording as specified in § 45-23-64. Validity 30
407+may be extended for an additional period upon application to the administrative officer or planning 31
408+board, whichever entity approved the application, upon a showing of good cause. 32
409+(i) Modifications and changes to plans. 33
410+(1) Minor changes, as defined in the local regulations, to the plans approved at any stage 34
411411
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413-LC002501/SUB A - Page 12 of 50
414-(1) If the land-development or subdivision application does not include a request for unified 1
415-development review and the plan is approved by a majority of the committee members, the 2
416-application is forwarded to the planning board with a recommendation for preliminary plan 3
417-approval without further review. 4
418-(2) If the plan is not approved by a majority vote of the committee members, or the 5
419-application includes a request for unified development review, the minor land-development and 6
420-subdivision application is referred to the planning board. 7
421-(e) Re-assignment to major review. The planning board may re-assign a proposed minor 8
422-project to major review only when the planning board is unable to make the positive findings 9
423-required in § 45-23-60. 10
424-(f)(d) Decision on preliminary plan. If no street creation or extension is required, the 11
425-planning board or administrative officer will approve, deny, or approve with conditions, the 12
426-preliminary plan within sixty-five (65) days of certification of completeness, or within any further 13
427-time that is agreed to by the applicant and the board, according to the requirements of §§ 45-23-60 14
428-and 45-23-63. If a street extension or creation is required, or the application is reviewed under the 15
429-unified development plan review, the planning board will hold a public hearing prior to approval 16
430-according to the requirements in § 45-23-42 and will approve, deny, or approve with conditions, 17
431-the preliminary plan within ninety-five (95) days of certification of completeness, or within any 18
432-specified time that is agreed to by the applicant and the board, according to the requirements of §§ 19
433-45-23-60 and 45-23-63. 20
434-(g)(e) Failure to act. Failure of the planning board to act within the period prescribed 21
435-constitutes approval of the preliminary plan and a certificate of the administrative officer as to the 22
436-failure of the planning board to act within the required time and the resulting approval will be issued 23
437-on request of the application. 24
438-(f) Re-assignment to major review. The planning board may re-assign a proposed minor 25
439-project to major review only when the planning board is unable to make the positive findings 26
440-required in § 45-23-60. 27
441-(h)(g) Final plan. The planning board may delegate final plan review and approval to either 28
442-the administrative officer or the technical review committee. Final plans shall be reviewed and 29
443-approved by either the administrative officer or technical review committee. The officer or 30
444-committee will report its actions, in writing to the planning board at its next regular meeting, to be 31
445-made part of the record. The administrative officer or technical review committee shall approve, 32
446-deny, approve with conditions, or refer the application to the planning board based upon a finding 33
447-that there is a major change within twenty-five (25) days of the certificate of completeness. 34
448-
449-
450-LC002501/SUB A - Page 13 of 50
451-(h) Modifications and changes to plans. 1
452-(1) Minor changes, as defined in the local regulations, to the plans approved at any stage 2
453-may be approved administratively, by the administrative officer. The changes may be authorized 3
454-without additional public hearings, at the discretion of the administrative officer. All changes shall 4
455-be made part of the permanent record of the project application. This provision does not prohibit 5
456-the administrative officer from requesting recommendation from either the technical review 6
457-committee or the permitting authority. Denial of the proposed change(s) shall be referred to the 7
458-applicable permitting authority for review as a major change. 8
459-(2) Major changes, as defined in the local regulations, to the plans approved at any stage 9
460-may be approved only by the applicable permitting authority and must follow the same review and 10
461-hearing process required for approval of preliminary plans, which shall include a public hearing if 11
462-originally required as part of the application. 12
463-(3) The administrative officer shall notify the applicant in writing within fourteen (14) days 13
464-of submission of the final plan application if the administrative officer determines the change to be 14
465-a major change. 15
466-(i) Appeal. Decisions under this section shall be considered an appealable decision pursuant 16
467-to § 45-23-71. 17
468-(i)(j) Expiration of approval approvals. Approval Approvals of a minor land-development 18
469-or subdivision plan expires ninety (90) days one year from the date of approval unless, within that 19
470-period, a plat or plan, in conformity with approval, and as defined in this act, is submitted for 20
471-signature and recording as specified in § 45-23-64. Validity may be extended for a longer period, 21
472-for cause shown, if requested by the application in writing, and approved by the planning board. 22
473-45-23-39. General provisions — Major land development and major subdivision 23
474-review stages General provisions -- Major land development and major subdivision review 24
475-stages -- Effective January 1, 2024. 25
476-(a) Major plan review is required of all applications for land development and subdivision 26
477-approval subject to this chapter, unless classified as an administrative subdivision or as a minor 27
478-land development or a minor subdivision. 28
479-(b)(a) Stages of review. Major plan land development and major subdivision review 29
480-consists of three stages of review, master plan, preliminary plan and final plan, following the pre-30
481-application meeting(s) specified in § 45-23-35. Also required is a public hearing informational 31
482-meeting and a public meeting at the master plan stage of review or, if combined at the first stage of 32
483-review. 33
484-(c)(b) The planning board may vote to administrative officer may combine review stages 34
485-
486-
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488-and to modify and/or but only the planning board may waive requirements as specified in § 45-23-1
489-62. Review stages may be combined only after the planning board administrative officer determines 2
490-that all necessary requirements have been met by the applicant or that the planning board has 3
491-waived any submission requirements not included by the applicant. 4
492-(c) Master plan review. 5
493-(1) Submission requirements. 6
494-(i) The applicant shall first submit to the administrative officer the items required by the 7
495-local regulations for master plans. 8
496-(ii) Requirements for the master plan and supporting material for this phase of review 9
497-include, but are not limited to: information on the natural and built features of the surrounding 10
498-neighborhood, existing natural and man-made conditions of the development site, including 11
499-topographic features, the freshwater wetland and coastal zone boundaries, the floodplains, as well 12
500-as the proposed design concept, proposed public improvements and dedications, tentative 13
501-construction phasing; and potential neighborhood impacts. 14
502-(iii) Initial comments will be solicited from: 15
503-(A) Local agencies including, but not limited to, the planning department, the department 16
504-of public works, fire and police departments, the conservation and recreation commissions; 17
505-(B) Adjacent communities; 18
506-(C) State agencies, as appropriate, including the departments of environmental 19
507-management and transportation and the coastal resources management council; and 20
508-(D) Federal agencies, as appropriate. The administrative officer shall coordinate review 21
509-and comments by local officials, adjacent communities, and state and federal agencies. 22
510-(iv) Applications requesting relief from the zoning ordinance. 23
511-(A) Applications under this chapter which require relief which qualifies only as a 24
512-modification under § 45-24-46 and local ordinances shall proceed by filing a master plan 25
513-application under this section and a request for a modification to the zoning enforcement officer. If 26
514-such modification is granted, the application shall then proceed to be reviewed by the planning 27
515-board pursuant to the applicable requirements of this section. If the modification is denied or an 28
516-objection is received as set forth in § 45-24-46, such application shall proceed under unified 29
517-development plan review pursuant to § 45-23-50.1. 30
518-(B) Applications under this section which require relief from the literal provisions of the 31
519-zoning ordinance in the form of a variance or special use permit, shall be reviewed by the planning 32
520-board under unified development plan review pursuant to § 45-23-50.1. 33
521-(2) Certification. The application must be certified, in writing, complete or incomplete by 34
522-
523-
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525-the administrative officer within twenty-five (25) days of the submission, according to the 1
526-provisions of § 45-23-36(b), so long as a completed checklist of requirements are provided with 2
527-the submission. The running of the time period set forth herein will be deemed stopped upon the 3
528-issuance of a certificate of incompleteness of the application by the administrative officer and will 4
529-recommence upon the resubmission of a corrected application by the applicant. However, in no 5
530-event will the administrative officer be required to certify a corrected submission as complete or 6
531-incomplete less than ten (10) days after its resubmission. 7
532-(3) Technical review committee. To the extent the community utilizes a technical review 8
533-committee, it shall review the application prior to the first planning board meeting and shall 9
534-comment and make recommendations to the planning board. 10
535-(4) Public hearing. 11
536-(i) A public hearing will be held prior to the planning board decision on the master plan. If 12
537-the master plan and preliminary plan review stages are being combined, a public hearing shall be 13
538-held during the combined stage of review. 14
539-(ii) Notice for the public hearing is required and must be given at least fourteen (14) days 15
540-prior to the date of the meeting in a newspaper of local circulation within the municipality. Notice 16
541-must be mailed to the applicant and to all property owners within the notice area, as specified by 17
542-local regulations. 18
543-(iii) At the public hearing, the applicant will present the proposed development project. 19
544-The planning board must allow oral and written comments from the general public. All public 20
545-comments are to be made part of the public record of the project application. 21
546-(5) Decision. The planning board shall, within ninety (90) days of certification of 22
547-completeness, or within a further amount of time that may be consented to by the applicant through 23
548-the submission of a written waiver, approve of the master plan as submitted, approve with changes 24
549-and/or conditions, or deny the application, according to the requirements of §§ 45-23-60 and 45-25
550-23-63. 26
551-(6) Failure to act. Failure of the planning board to act within the prescribed period 27
552-constitutes approval of the master plan, and a certificate of the administrative officer as to the failure 28
553-of the planning board to act within the required time and the resulting approval will be issued on 29
554-request of the applicant. 30
555-(6) Vesting. 31
556-(i) The approved master plan is vested for a period of two (2) years, with the right to extend 32
557-for two (2), one-year extensions upon written request by the applicant, who must appear before the 33
558-planning board for the annual review. Thereafter, vesting may be extended for a longer period, for 34
559-
560-
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562-good cause shown, if requested by the applicant, in writing, and approved by the planning board. 1
563-Master plan vesting includes the zoning requirements, conceptual layout, and all conditions shown 2
564-on the approved master plan drawings and supporting materials. 3
565-(ii) The initial four (4) year vesting for the approved master plan constitutes the vested 4
566-rights for the development as required in § 45-24-44. 5
567-(d) Preliminary plan review. 6
568-(1) Submission requirements. 7
569-(i) The applicant shall first submit to the administrative officer the items required by the 8
570-local regulations for preliminary plans. 9
571-(ii) Requirements for the preliminary plan and supporting materials for this phase of the 10
572-review include, but are not limited to: engineering plans depicting the existing site conditions, 11
573-engineering plans depicting the proposed development project, and a perimeter survey. 12
574-(iii) At the preliminary plan review phase, the administrative officer shall solicit final, 13
575-written comments and/or approvals of the department of public works, the city or town engineer, 14
576-the city or town solicitor, other local government departments, commissions, or authorities as 15
577-appropriate. 16
578-(iv) Prior to approval of the preliminary plan, copies of all legal documents describing the 17
579-property, proposed easements, and rights-of-way. 18
580-(v) Prior to approval of the preliminary plan, an applicant must submit all permits required 19
581-by state or federal agencies, including permits related to freshwater wetlands, the coastal zone, 20
582-floodplains, preliminary suitability for individual septic disposal systems, public water systems, 21
583-and connections to state roads. For a state permit from the Rhode Island department of 22
584-transportation, a letter evidencing the issuance of such a permit upon the submission of a bond and 23
585-insurance is sufficient, but such actual permit shall be required prior to the issuance of a building 24
586-permit. 25
587-(v) If the applicant is requesting alteration of any variances and/or special-use permits 26
588-granted by the planning board or commission at the master plan stage of review pursuant to adopted 27
589-unified development review provisions, and/or any new variances and/or special-use permits, such 28
590-requests and all supporting documentation shall be included as part of the preliminary plan 29
591-application materials, pursuant to § 45-23-50.1(b). 30
592-(2) Certification. The application will be certified as complete or incomplete by the 31
593-administrative officer within twenty-five (25) days, according to the provisions of § 45-23-36(b) 32
594-so long as a completed checklist of requirements are provided with the submission. The running of 33
595-the time period set forth herein will be deemed stopped upon the issuance of a certificate of 34
596-
597-
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599-incompleteness of the application by the administrative officer and will recommence upon the 1
600-resubmission of a corrected application by the applicant. However, in no event shall the 2
601-administrative officer be required to certify a corrected submission as complete or incomplete less 3
602-than ten (10) days after its resubmission. 4
603-(3) Technical review committee. To the extent the community utilizes a technical review 5
604-committee, it shall review the application prior to the first planning board meeting and shall 6
605-comment and make recommendations to the planning board. 7
606-(4) Public notice. Prior to the first planning board meeting on the preliminary plan, public 8
607-notice shall be sent to abutters only at least fourteen (14) days before the hearing. 9
608-(5) Public improvement guarantees. Proposed arrangements for completion of the required 10
609-public improvements, including construction schedule and/or financial guarantees, shall be 11
610-reviewed and approved by the planning board at preliminary plan approval. 12
611-(6) Decision. A complete application for a major subdivision or development plan shall be 13
612-approved, approved with conditions, or denied, in accordance with the requirements of §§ 45-23-14
613-60 and 45-23-63, within ninety (90) days of the date when it is certified complete, or within a 15
614-further amount of time that may be consented to by the developer through the submission of a 16
615-written waiver. Provided that, the timeframe for decision is automatically extended if evidence of 17
616-state permits has not been provided, or otherwise waived in accordance with this section. 18
617-(7) Failure to act. Failure of the planning board to act within the prescribed period 19
618-constitutes approval of the preliminary plan and a certificate of the administrative officer as to the 20
619-failure of the planning board to act within the required time and the resulting approval shall be 21
620-issued on request of the applicant. 22
621-(8) Vesting. The approved preliminary plan is vested for a period of two (2) years with the 23
622-right to extend for two (2), one-year extensions upon written request by the applicant, who must 24
623-appear before the planning board for each annual review and provide proof of valid state or federal 25
624-permits as applicable. Thereafter, vesting may be extended for a longer period, for good cause 26
625-shown, if requested, in writing by the applicant, and approved by the planning board. The vesting 27
626-for the preliminary plan approval includes all general and specific conditions shown on the 28
627-approved preliminary plan drawings and supporting material. 29
628-(e) Final plan. 30
629-(1) Submission requirements. 31
630-(i) The applicant shall submit to the administrative officer the items required by the local 32
631-regulations for the final plan, as well as all material required by the planning board when the 33
632-application was given preliminary approval. 34
633-
634-
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636-(ii) Arrangements for completion of the required public improvements, including 1
637-construction schedule and/or financial guarantees. 2
638-(iii) Certification by the tax collector that all property taxes are current. 3
639-(iv) For phased projects, the final plan for phases following the first phase, shall be 4
640-accompanied by copies of as-built drawings not previously submitted of all existing public 5
641-improvements for prior phases. 6
642-(2) Certification. The application for final plan approval shall be certified complete or 7
643-incomplete by the administrative officer in writing, within fifteen (15) days, according to the 8
644-provisions of § 45-23-36(b) so long as a completed checklist of requirements are provided with the 9
645-submission. This time period may be extended to twenty-five (25) days by written notice from the 10
646-administrative officer to the applicant where the final plans contain changes to or elements not 11
647-included in the preliminary plan approval. The running of the time period set forth herein shall be 12
648-deemed stopped upon the issuance of a certificate of incompleteness of the application by the 13
649-administrative officer and shall recommence upon the resubmission of a corrected application by 14
650-the applicant. However, in no event shall the administrative officer be required to certify a corrected 15
651-submission as complete or incomplete less than ten (10) days after its resubmission. If the 16
652-administrative officer certifies the application as complete and does not require submission to the 17
653-planning board as per subsection (c) of this section, the final plan shall be considered approved. 18
654-(3) Decision. The administrative officer, or, if referred to it, the planning board, shall 19
655-review, grant, grant with conditions or deny final plan approval. A decision shall be issued within 20
656-forty-five (45) days after the certification of completeness, or within a further amount of time that 21
657-may be consented to by the applicant, approve or deny the final plan as submitted. 22
658-(4) Failure to act. Failure of the planning board to act within the prescribed period 23
659-constitutes approval of the final plan and a certificate of the administrative officer as to the failure 24
660-of the planning board to act within the required time and the resulting approval shall be issued on 25
661-request of the applicant. 26
662-(5) Expiration of approval. The final approval of a major subdivision or land development 27
663-project expires one year from the date of approval with the right to extend for one year upon written 28
664-request by the applicant, who must appear before the planning board for the annual review, unless, 29
665-within that period, the plat or plan has been submitted for signature and recording as specified in § 30
666-45-23-64. Thereafter, the planning board may, for good cause shown, extend the period for 31
667-recording. 32
668-(6) Acceptance of public improvements. Signature and recording as specified in § 45-23-33
669-64 constitute the acceptance by the municipality of any street or other public improvement or other 34
670-
671-
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673-land intended for dedication. Final plan approval shall not impose any duty upon the municipality 1
674-to maintain or improve those dedicated areas until the governing body of the municipality accepts 2
675-the completed public improvements as constructed in compliance with the final plans. 3
676-(7) Validity of recorded plans. The approved final plan, once recorded, remains valid as 4
677-the approved plan for the site unless and until an amendment to the plan is approved under the 5
678-procedure stated in § 45-23-65, or a new plan is approved by the planning board. 6
679-(f) Modifications and changes to plans. 7
680-(1) Minor changes, as defined in the local regulations, to the plans approved at any stage 8
681-may be approved administratively, by the administrative officer. The changes may be authorized 9
682-without an additional planning board meeting, to the extent applicable, at the discretion of the 10
683-administrative officer. All changes shall be made part of the permanent record of the project 11
684-application. This provision does not prohibit the administrative officer from requesting 12
685-recommendation from either the technical review committee or the permitting authority. Denial of 13
686-the proposed change(s) shall be referred to the applicable permitting authority for review as a major 14
687-change. 15
688-(2) Major changes, as defined in the local regulations, to the plans approved at any stage 16
689-may be approved only by the applicable permitting authority and must include a public hearing. 17
690-(3) The administrative officer shall notify the applicant in writing within fourteen (14) days 18
691-of submission of the final plan application if the administrative officer determines the change to be 19
692-a major change of the approved plans. 20
693-(g) Appeal. Decisions under this section shall be considered an appealable decision 21
694-pursuant to § 45-23-71. 22
695-45-23-42. General provisions — Major land development and major subdivision — 23
696-Public hearing and notice General provisions -- Major land development and major 24
697-subdivision -- Public hearing and notice -- Effective January 1, 2024. 25
698-(a) Where a A public hearing is required for a major land development project or a major 26
699-subdivision or where a street extension or creation requires a public hearing for a minor land 27
700-development project or minor subdivision. pursuant to this chapter, the following requirements 28
701-shall apply ; 29
702-(b)(1) Notice requirements. Public notice of the hearing shall be given at least fourteen (14) 30
703-days prior to the date of the hearing in a newspaper of general circulation within the municipality 31
704-following the municipality’s usual and customary practices for this kind of advertising. Notice shall 32
705-be sent to the applicant and to each owner within the notice area, by certified mail, return receipt 33
706-requested, of the time and place of the hearing not less than ten (10) days prior to the date of the 34
707-
708-
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710-hearing. Notice shall also be sent to any individual or entity holding a recorded conservation or 1
711-preservation restriction on the property that is the subject of the application. The notice shall also 2
712-include the street address of the subject property, or if no street address is available, the distance 3
713-from the nearest existing intersection in tenths (1/10’s) of a mile. Local regulations may require a 4
714-supplemental notice that an application for development approval is under consideration be posted 5
715-at the location in question. The posting is for informational purposes only and does not constitute 6
716-required notice of a public hearing. 7
717-(c)(2) Notice area. 8
718-(1)(i) The distance(s) for notice of the public hearing shall be specified in the local 9
719-regulations. The distance may differ by zoning district and scale of development. At a minimum, 10
720-all abutting property owners to the proposed development’s property boundary shall receive notice. 11
721-(2)(ii) Watersheds. Additional notice within watersheds shall also be sent as required in § 12
722-45-23-53(b) and (c). 13
723-(3)(iii) Adjacent municipalities. Notice of the public hearing shall be sent by the 14
724-administrative officer to the administrative officer of an adjacent municipality if (1) the notice area 15
725-extends into the adjacent municipality, or (2) the development site extends into the adjacent 16
726-municipality, or (3) there is a potential for significant negative impact on the adjacent municipality. 17
727-(d)(3) Notice cost. The cost of all notice shall be borne by the applicant. 18
728-45-23-50. Special provisions — Development plan review Special provisions -- 19
729-Development plan review -- Effective January 1, 2024. 20
730-(a) Municipalities may provide for development plan review, as defined in §§ 45-23-32 21
731-and 45-24-49 of the Rhode Island Zoning Enabling Act of 1991, to be subject to as part of the local 22
732-regulations. (b) In these instances, local regulations must include all requirements, procedures and 23
733-standards necessary for proper review and recommendations of projects subject to development 24
734-plan review to ensure consistency with the intent and purposes of this chapter and with § 45-24-49 25
735-of the Rhode Island Zoning Enabling Act of 1991. The local regulations and/or ordinances shall 26
736-identify the permitting authority with the responsibility to review and approve applications for 27
737-development plan review, which shall be designated as the planning board, technical review 28
738-committee or administrative officer. The local regulations and/or ordinances shall provide for 29
739-specific categories of projects that may review and approve an application administratively as well 30
740-as categories which are required to be heard by the designated planning board, or authorized 31
741-permitting authority. 32
742-(b) The authorized permitting authority may waive requirements for development plan 33
743-approval where there is a change in use or occupancy and no extensive construction of 34
744-
745-
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747-improvements is sought. The waiver may be granted only by a decision by the permitting authority 1
748-finding that the use will not affect existing drainage, circulation, relationship of buildings to each 2
749-other, landscaping, buffering, lighting and other considerations of development plan approval, and 3
750-that the existing facilities do not require upgraded or additional site improvements. The application 4
751-for a waiver of development plan approval review shall include documentation, as required by the 5
752-permitting authority, on prior use of the site. the proposed use, and its impact. 6
753-(c) The authorized permitting authority may grant waivers of design standards as set forth 7
754-in the local regulations and zoning ordinance. The local regulations shall specifically list what 8
755-limited waivers an administrative officer is authorized to grant as part of their review. 9
756-(d) Review stages. Administrative development plan review consists of one stage of 10
757-review, while formal development plan review consists of two (2) stages of review, preliminary 11
758-and final. The administrative officer may combine the approval stages, providing requirements for 12
759-both stages are met by the applicant to the satisfaction of the administrative officer. 13
760-(1) Application requesting relief from the zoning ordinance. 14
761-(i) Applications under this chapter which require relief which qualifies only as a 15
762-modification under § 45-24-46 and local ordinances shall proceed by filing an application under 16
763-this chapter and a request for a modification to the zoning enforcement officer. If such modification 17
764-is granted the application shall then proceed to be reviewed by the administrative officer pursuant 18
765-to the applicable requirements of this section. If the modification is denied or an objection is 19
766-received as set forth in § 45-24-46, such application shall proceed under unified development plan 20
767-review pursuant to § 45-23-50.1. 21
768-(ii) Applications under this section which require relief from the literal provisions of the 22
769-zoning ordinance in the form of a variance or special use permit, shall be reviewed by the planning 23
770-board under unified development plan review pursuant to § 45-23-50.1, and a request for review 24
771-shall accompany the preliminary plan application. 25
772-(e) Submission requirements. Any applicant requesting approval of a proposed 26
773-development under this chapter, shall submit to the administrative officer the items required by the 27
774-local regulations. Requests for relief from the literal requirements of the zoning ordinance and/or 28
775-for the issuance of special-use permits or use variances related to projects qualifying for 29
776-development plan review shall be submitted and reviewed under unified development review 30
777-pursuant to § 45-23-50.1. 31
778-(f) Certification. The application shall be certified, in writing, complete or incomplete by 32
779-the administrative officer within twenty-five (25) days or within fifteen (15) days if no street 33
780-creation or extension is required, and/or unified development review is not required, according to 34
781-
782-
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784-the provisions of § 45-23-36(b). The running of the time period set forth in this section will be 1
785-deemed stopped upon the issuance of a written certificate of incompleteness of the application by 2
786-the administrative officer and will recommence upon the resubmission of a corrected application 3
787-by the applicant. However, in no event will the administrative officer be required to certify a 4
788-corrected submission as complete or incomplete less than ten (10) days after its resubmission. If 5
789-the administrative officer certifies the application as incomplete, the officer shall set forth in writing 6
790-with specificity the missing or incomplete items. 7
791-(g) Timeframes for decision. 8
792-(1) Administrative development plan approval. An application shall be approved, denied, 9
793-or approved with conditions within twenty-five (25) days of the certificate of completeness or 10
794-within any further time that is agreed to in writing by the applicant and administrative officer. 11
795-(2) Formal development plan approval. 12
796-(i) Preliminary plan. Unless the application is reviewed under unified development review, 13
797-the permitting authority will approve, deny, or approve with conditions, the preliminary plan within 14
798-sixty-five (65) days of certification of completeness, or within any further time that is agreed to by 15
799-the applicant and the permitting authority. 16
800-(ii) Final Plan. For formal development plan approval, the permitting authority shall 17
801-delegate final plan review and approval to the administrative officer. The officer will report its 18
802-actions in writing to the permitting authority at its next regular meeting, to be made part of the 19
803-record. Final plan shall be approved or denied within forty-five (45) days after the certification of 20
804-completeness, or within a further amount of time that may be consented to by the applicant, in 21
805-writing. 22
806-(h) Failure to act. Failure of the administrative officer or the permitting authority to act 23
807-within the period prescribed constitutes approval of the preliminary plan and a certificate of the 24
808-administrative officer as to the failure to act within the required time and the resulting approval 25
809-shall be issued on request of the application. 26
810-(i) Vested rights. Approval of development plan review shall expire two (2) years from the 27
811-date of approval unless, within that period, a plat or plan, in conformity with approval, and as 28
812-defined in this act, is submitted for signature and recording as specified in § 45-23-64. Validity 29
813-may be extended for an additional period upon application to the administrative officer or 30
814-permitting authority, whichever entity approved the application, upon a showing of good cause. 31
815-(j) Modifications and changes to plans. 32
816-(1) Minor changes, as defined in the local regulations, to the plans approved at any stage 33
817-may be approved administratively, by the administrative officer, whereupon final plan approval 34
818-
819-
820-LC002501/SUB A - Page 23 of 50
821-may be issued. The changes may be authorized without an additional planning board meeting, at 1
822-the discretion of the administrative officer. All changes shall be made part of the permanent record 2
823-of the project application. This provision does not prohibit the administrative officer from 3
824-requesting recommendation from either the technical review committee or the permitting authority. 4
825-Denial of the proposed change(s) shall be referred to the permitting authority for review as a major 5
826-change. 6
413+LC002501 - Page 12 of 32
414+may be approved administratively, by the administrative officer, whereupon final plan approval 1
415+may be issued. The changes may be authorized without additional public hearings, at the discretion 2
416+of the administrative officer. All changes shall be made part of the permanent record of the project 3
417+application. This provision does not prohibit the administrative officer from requesting a 4
418+recommendation from either the technical review committee or the local review board. Denial of 5
419+the proposed change(s) shall be referred to the local review board for review as a major change. 6
827420 (2) Major changes, as defined in the local regulations, to the plans approved at any stage 7
828-may be approved only by the permitting authority and must follow the same review and hearing 8
829-process required for approval of preliminary plans, which shall include a public hearing. 9
421+may be approved only by the local review board and must follow the same review and public 8
422+hearing process required for approval of preliminary plans. 9
830423 (3) The administrative officer shall notify the applicant in writing within fourteen (14) days 10
831-of submission of the final plan application if the administrative officer determines that there has 11
832-been a major change to the approved plans. 12
833-(k) Appeal. A decision under this section shall be considered an appealable decision 13
834-pursuant to § 45-23-71. 14
424+of submission of the final plan application if the administrative officer is referring the application 11
425+to the local review board under this subsection. 12
426+(j) Appeal. A rejection of the application for development plan review shall be considered 13
427+an appealable decision pursuant to § 45-23-71. 14
835428 45-23-50.1. Special provisions — Unified development review Special provisions -- 15
836429 Unified development review -- Effective January 1, 2024. 16
837430 (a) When a A municipal zoning ordinance provides shall provide for unified development 17
838431 review pursuant to § 45-24-46.4, and the local regulations must include procedures for the filing, 18
839432 review, and approval of applications, pursuant to § 45-24-46.4 and this section. 19
840433 (b) Review of variances and special-use permits projects submitted under the unified 20
841434 development review provisions of the regulations shall adhere to the procedures, timeframes and 21
842-standards of the underlying category of the project as listed in § 45-23-36, but shall also include 22
843-the following procedures: 23
844-(1) Minor subdivisions and land-development projects. Except for dimensional relief 24
845-granted by modification as set forth in § 45-23-38, requests Requests for relief from the literal 25
846-requirements of the zoning ordinance variances and/or for the issuance of special-use permits 26
847-related to minor subdivisions and land-development projects shall be submitted as part of the 27
848-application materials for the preliminary plan stage of review or if combined, for the first stage of 28
849-reviews. A public hearing on the application, including any variance and special-use permit 29
850-requests that meets the requirements of subsection (c) of this section shall be held prior to 30
851-consideration of the preliminary plan by the planning board or commission. The planning board or 31
852-commission shall conditionally approve or deny the request(s) for the variance(s) and/or special-32
853-use permit(s) before considering the preliminary plan application for the minor subdivision or land-33
854-development project. Approval of the variance(s) and/or special-use permit(s) shall be conditioned 34
435+standards of the underlying category of project as listed in § 45-23-36, but shall also include the 22
436+following procedures: 23
437+(1) Minor subdivisions and land-development projects Developments subject to 24
438+development plan review pursuant to §§ 45-23-49 and 45-24-50. Requests for relief from the literal 25
439+requirements of the zoning ordinance and/or for the issuance of special-use permits related to minor 26
440+subdivisions and land-development projects development plan review projects shall be submitted 27
441+as part of the application materials for the preliminary plan stage of review. A public hearing on 28
442+the application, including any variance and special-use permit requests that meets the requirements 29
443+of subsection (c) of this section shall be held prior to consideration of the preliminary plan by the 30
444+planning board or commission. The planning board or commission shall conditionally approve or 31
445+deny the request(s) for the variance(s) and/or special-use permit(s) before considering the 32
446+preliminary plan application for the minor subdivision or land-development development plan 33
447+review project. Approval of the variance(s) and/or special-use permit(s) shall be conditioned on 34
855448
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857-LC002501/SUB A - Page 24 of 50
858-on approval of the final plan of the minor subdivision or land-development project. 1
859-(2) Development plan review. Except for dimensional relief granted by modification as set 2
860-forth in § 45-23-38, requests for relief from the literal requirements of the zoning ordinance and/or 3
861-for the issuance of special-use permits related to minor subdivisions and land-development projects 4
862-shall be submitted as part of the application materials for the preliminary plan stage of review. A 5
863-public hearing on the application, including any variance and special-use permit requests that meets 6
864-the requirements of subsection (c) of this section shall be held prior to consideration of the 7
865-preliminary plan by the planning board or commission relevant permitting authority. The planning 8
866-board or commission authorized permitting authority shall conditionally approve or deny the 9
867-request(s) for the variance(s) and/or special-use permit(s) before considering the preliminary plan 10
868-application for the minor subdivision or land-development project. Approval of the variance(s) 11
869-and/or special-use permit(s) shall be conditioned on approval of the final plan of the minor 12
870-subdivision or land-development project. 13
871-(2)(3) Major subdivisions and land-development projects — Master plan. Except for 14
872-dimensional relief granted by modification as set forth in § 45-23-39, requests Requests for relief 15
873-from the literal requirements of the zoning ordinance variances for relief from the literal 16
874-requirements of the zoning ordinance and/or for the issuance of a special-use permit related to 17
875-major subdivisions and land-development projects shall be submitted as part of the application 18
876-materials for the master plan stage of review, or if combined, the first stage of review. A public 19
877-hearing on the application, including any variance and special-use permit requests that meets the 20
878-requirements of subsection (c) of this section, shall be held prior to consideration of the master plan 21
879-by the planning board or commission. The planning board or commission shall conditionally 22
880-approve or deny the requests for the variance(s) and/or special-use permit(s) before considering the 23
881-master plan application for the major subdivision or land-development project. Approval of the 24
882-variance(s) and/or special-use permit(s) shall be conditioned on approval of the final plan of the 25
883-major subdivision or land-development project. 26
884-(3) Major subdivisions and land-development projects — Preliminary plan. During the 27
885-preliminary plan stage of review, applicants shall have the ability to request alteration of any 28
886-variance(s) and/or special-use permit(s) granted by the planning board or commission during the 29
887-master plan stage of review, and/or to request new variance(s) and/or special-use permit(s), based 30
888-on the outcomes of the more detailed planning and design necessary for the preliminary plan. If 31
889-necessary, the applicant shall submit such requests and all supporting documentation along with 32
890-the preliminary plan application materials. If the applicant requests new or additional zoning relief 33
891-at this stage a A public hearing on the application, including any alterations and new requests, that 34
450+LC002501 - Page 13 of 32
451+approval of the final plan of the minor subdivision or land-development development plan review 1
452+project. 2
453+(2) Major subdivisions and land-development projects — Master plan. Requests for relief 3
454+from the literal requirements of the zoning ordinance and/or for the issuance of a special-use permit 4
455+related to major subdivisions and land-development projects shall be submitted as part of the 5
456+application materials for the master plan stage of review. A public hearing on the application, 6
457+including any variance and special-use permit requests that meets the requirements of subsection 7
458+(c) of this section, shall be held prior to consideration of the master plan by the planning board or 8
459+commission. The planning board or commission shall conditionally approve or deny the requests 9
460+for the variance(s) and/or special-use permit(s) before considering the master plan application for 10
461+the major subdivision or land-development project. Approval of the variance(s) and/or special-use 11
462+permit(s) shall be conditioned on approval of the final plan of the major subdivision or land-12
463+development project. 13
464+(3) Major subdivisions and land-development projects — Preliminary plan. During the 14
465+preliminary plan stage of review, applicants shall have the ability to request alteration of any 15
466+variance(s) and/or special-use permit(s) granted by the planning board or commission during the 16
467+master plan stage of review, and/or to request new variance(s) and/or special-use permit(s), based 17
468+on the outcomes of the more detailed planning and design necessary for the preliminary plan. If 18
469+necessary, the applicant shall submit such requests and all supporting documentation along with 19
470+the preliminary plan application materials. A public hearing on the application, including any 20
471+alterations and new requests, that meets the requirements of subsection (c) of this section, shall be 21
472+held prior to consideration of the preliminary plan by the planning board or commission. The 22
473+planning board or commission shall conditionally approve, amend, or deny the requests for 23
474+alteration(s), new variance(s) and/or new special-use permit(s), before considering the preliminary 24
475+plan application for the major subdivision or land-development project. Approval of the 25
476+alteration(s), new variance(s), and/or new special-use permit(s) shall be conditioned on approval of 26
477+the final plan of the major subdivision or land-development project. If the planning board or 27
478+commission denies the request for alteration(s), new variance(s), and/or new special-use permit(s), 28
479+the planning board shall have the option of remanding the application back to the master plan stage 29
480+of review. Alternatively, if the planning board or commission denies the request for alteration(s), 30
481+new variance(s), and/or new special-use permit(s), the applicant may consent to an extension of the 31
482+decision period mandated by § 45-23-41(f) so that additional information can be provided and 32
483+reviewed by the board or commission. 33
484+(4)(c) Decision. The time periods by which the planning board or commission must 34
892485
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895-meets the requirements of subsection (c) of this section, shall be held prior to consideration of the 1
896-preliminary plan by the planning board or commission. The planning board or commission shall 2
897-conditionally approve, amend, or deny the requests for alteration(s), new variance(s) and/or new 3
898-special-use permit(s), before considering the preliminary plan application for the major subdivision 4
899-or land-development project. Approval of the alteration(s), new variance(s), and/or new special-5
900-use permit(s) shall be conditioned on approval of the final plan of the major subdivision or land-6
901-development project. If the planning board or commission denies the request for alteration(s), new 7
902-variance(s), and/or new special-use permit(s), the planning board shall have the option of 8
903-remanding the application back to the master plan stage of review. Alternatively, if the planning 9
904-board or commission denies the request for alteration(s), new variance(s), and/or new special-use 10
905-permit(s), the applicant may consent to an extension of the decision period mandated by § 45-23-11
906-41(f) so that additional information can be provided and reviewed by the board or commission. 12
907-(4)(c) Decision. The time periods by which the planning board or commission must 13
908-approve or deny applications for variances and special-use permits under the unified development 14
909-review provisions of the local regulations shall be the same as the time periods by which the board 15
910-must make a decision on the applicable review stage of the subdivision or land-development 16
911-category of project under review. 17
912-(c)(d) Unless otherwise provided in this chapter all All subdivision and land-development 18
913-applications that include requests for variances and/or special-use permits submitted under the 19
914-development review provisions of the regulations under this section shall require a singular single 20
915-public hearing, held pursuant to subsection (b) of this section. All such The public hearings hearing 21
916-must meet the following requirements: 22
917-(1) Public hearing notice shall adhere to the requirements found in § 45-23-42(b). 23
918-(2) The notice area for notice of the public hearing shall be specified in the local 24
919-regulations, and shall, at a minimum, include all property located in or within not less than two 25
920-hundred feet (200′) of the perimeter of the area included in the subdivision and/or land-development 26
921-project. Notice of the public hearing shall be sent by the administrative officer to the administrative 27
922-officer of an adjacent municipality if: (1) The notice area extends into the adjacent municipality; or 28
923-(2) The development site extends into the adjacent municipality; or (3) There is a potential for 29
924-significant negative impact on the adjacent municipality. Additional notice within watersheds shall 30
925-also be sent as required in § 45-23-53(b) and (c). 31
926-(3) Public notice shall indicate that dimensional variance(s), use variance(s) and/or special-32
927-use permit(s) are to be considered for the subdivision and/or land-development project. 33
928-(4) The cost of all public notice is to be borne by the applicant. 34
487+LC002501 - Page 14 of 32
488+approve or deny applications for variances and special-use permits under the unified development 1
489+review provisions of the local regulations shall be the same as the time periods by which the board 2
490+must make a decision on the applicable review stage of the subdivision or land-development 3
491+category of project under review. 4
492+(c)(d) All subdivision and land-development applications that include requests for 5
493+variances and/or special-use permits submitted under the development review provisions of the 6
494+regulations under this section shall require a singular public hearing, held pursuant to subsection 7
495+(b) of this section. All such public hearings must meet the following requirements: 8
496+(1) Public hearing notice shall adhere to the requirements found in § 45-23-42(b). 9
497+(2) The notice area for notice of the public hearing shall be specified in the local 10
498+regulations, and shall, at a minimum, include all property located in or within not less than two 11
499+hundred feet (200′) of the perimeter of the area included in the subdivision and/or land-development 12
500+project. Notice of the public hearing shall be sent by the administrative officer to the administrative 13
501+officer of an adjacent municipality if: (1) The notice area extends into the adjacent municipality; or 14
502+(2) The development site extends into the adjacent municipality; or (3) There is a potential for 15
503+significant negative impact on the adjacent municipality. Additional notice within watersheds shall 16
504+also be sent as required in § 45-23-53(b) and (c). 17
505+(3) Public notice shall indicate that dimensional variance(s), use variance(s) and/or special-18
506+use permit(s) are to be considered for the subdivision and/or land-development project. 19
507+(4) The cost of all public notice is to be borne by the applicant. 20
508+(d)(e) The time periods by which the planning board or commission must approve or deny 21
509+requests for variances and special-use permits under the unified development review provisions of 22
510+a zoning ordinance shall be the same as the time periods by which the board must make a decision 23
511+on the applicable review stage of the subdivision or land development underlying type of project 24
512+under review. 25
513+(f) The expiration of an approval of a variance or special use permit granted under this 26
514+section shall be the same as those set forth in the statute for the underlying type of project under 27
515+review. 28
516+(e) Requests (g) Decisions under this section including requests for the variance(s) and/or 29
517+special-use permits that are denied by the planning board or commission may be appealed to the 30
518+board of appeal pursuant to § 45-23-66 45-23-71. 31
519+45-23-62. Procedure — Waivers — Modifications and reinstatement of plans 32
520+Procedure -- Waivers -- Modifications and reinstatement of plans -- Effective January 1, 2024. 33
521+(a) Waiver of development plan approval. 34
929522
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931-LC002501/SUB A - Page 26 of 50
932-(d)(e) The time periods by which the planning board or commission permitting authority 1
933-must approve, approve with conditions or deny requests for variances and special-use permits under 2
934-the unified development review provisions of a zoning ordinance shall be the same as the time 3
935-periods by which the board must make a decision on the applicable review stage of the subdivision 4
936-or land development underlying type of project under review. 5
937-(f) The expirations period of an approval of a variance or special use permit granted under 6
938-this section shall be the same as those set forth in the statute for the underlying type of project under 7
939-review. 8
940-(e) Requests (g) Decisions under this section, including requests for the variance(s) and/or 9
941-special-use permits that are denied by the planning board or commission permitting authority may 10
942-be appealed to the board of appeal pursuant to § 45-23-66 45-23-71. 11
943-45-23-55. Administration — The administrative officer Administration -- The 12
944-administrative officer -- Effective January 1, 2024. 13
945-(a) Local administration of the local regulations is under the direction of the administrative 14
946-officer(s), who reports to the planning board. 15
947-(b) The local regulations specify the process of appointment and the responsibilities of the 16
948-administrative officer(s) who oversees and coordinates the review, approval, recording and 17
949-enforcement provisions of the local regulations. The administrative officer(s) serves as the chair of 18
950-the technical review committee, where established. The local regulations state minimum 19
951-qualifications for this position regarding appropriate education, training or experience in land use 20
952-planning and site plan review. 21
953-(c) The administrative officer(s) is responsible for coordinating reviews of proposed land 22
954-development projects and subdivisions with adjacent municipalities as is necessary to be consistent 23
955-with applicable federal, state and local laws and as directed by the planning board. 24
956-(d) The administrative officer(s) has the authority to issue approvals and all other authority 25
957-where specifically set forth in this chapter. 26
958-(d)(e) Enforcement of the local regulations is under the direction of the administrative 27
959-officer(s). The officer(s) is responsible for coordinating the enforcement efforts of the zoning 28
960-enforcement officer, the building inspector, planning department staff, the city or town engineer, 29
961-the department of public works and other local officials responsible for the enforcement or carrying 30
962-out of discrete elements of the regulations. 31
963-45-23-56. Administration — Technical review committee Administration -- Technical 32
964-review committee -- Effective January 1, 2024. 33
965-(a) The planning board may municipality may establish a technical review committee(s) of 34
524+LC002501 - Page 15 of 32
525+(1) A planning board may waive requirements for development plan approval where there 1
526+is a change in use or occupancy and no extensive construction of improvements is sought. The 2
527+waiver may be granted only by a decision by the planning board finding that the use will not affect 3
528+existing drainage, circulation, relationship of buildings to each other, landscaping, buffering, 4
529+lighting and other considerations of development plan approval, and that the existing facilities do 5
530+not require upgraded or additional site improvements. 6
531+(2) The application for a waiver of development plan approval review shall include 7
532+documentation, as required by the planning board, on prior use of the site, the proposed use, and its 8
533+impact. 9
534+(b) Waiver and/or modification of requirements. The planning board has the power to grant 10
535+waivers and/or modifications from the requirements for land development and subdivision approval 11
536+as may be reasonable and within the general purposes and intents of the provisions for local 12
537+regulations. The only grounds for waivers and/or modifications are where the literal enforcement 13
538+of one or more provisions of the regulations is impracticable and will exact undue hardship because 14
539+of peculiar conditions pertaining to the land in question or where waiver and/or modification is in 15
540+the best interest of good planning practice and/or design as evidenced by consistency with the 16
541+municipality’s comprehensive plan and zoning ordinance. 17
542+(c)(b) Local regulations shall include provisions for reinstatement of development 18
543+applications when the deadlines set in the local regulations and approval agreements for particular 19
544+actions are exceeded and the development application or approval is therefore rendered invalid. 20
545+Where an approval has expired, the local regulations shall specify the point in the review to which 21
546+the application may be reinstated. 22
547+(d)(c) Decision. The planning board shall approve, approve with conditions or deny the 23
548+request for either a waiver or modification as described in subsection (a) or (b) in this section, 24
549+according to the requirements of § 45-23-63. 25
550+45-23-71. Appeals to the superior court Appeals -- Effective January 1, 2024. 26
551+(a) An aggrieved party may appeal a decision of the board of appeal administrative officer 27
552+or planning board, to the superior court for the county in which the municipality is situated by filing 28
553+a complaint stating the reasons of appeal within twenty (20) days after the decision has been 29
554+recorded and posted in the office of the city or town clerk. The board of appeal administrative 30
555+officer or planning board shall file the original documents acted upon by it and constituting the 31
556+record of the case appealed from, or certified copies of the original documents, together with any 32
557+other facts that may be pertinent, with the clerk of the court within thirty (30) days after being 33
558+served with a copy of the complaint. When the complaint is filed by someone other than the original 34
966559
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968-LC002501/SUB A - Page 27 of 50
969-not fewer than three (3) members, to conduct technical reviews of applications subject to their 1
970-jurisdiction. Where a technical review committee is established, the The administrative officer shall 2
971-serve as chairperson. Membership of this subcommittee committee, to be known as the technical 3
972-review committee, or design review committee, may include, but is not limited to, members of the 4
973-planning board, planning department staff, other municipal staff representing departments with 5
974-responsibility for review or enforcement, conservation commissioners, public members, or other 6
975-duly appointed local public commission members. 7
976-(b) If the planning board establishes a technical review committee, the If a municipality 8
977-establishes a technical review committee or committees, the planning board shall adopt written 9
978-procedures establishing the committee’s responsibilities. 10
979-(c) The technical review committee(s) has the authority to issue approvals, make findings 11
980-and provide recommendations as specifically set forth in this chapter. 12
981-(c)(d) Reports of the technical review committee to the planning board shall be in writing 13
982-and kept as part of the permanent documentation on the development application. In no case shall 14
983-the recommendations of the technical review committee be binding on the planning board in its 15
984-activities or decisions. All reports of the technical review committee shall be made available to the 16
985-applicant prior to the meeting of the planning board meeting at which the reports are first 17
986-considered. 18
987-45-23-62. Procedure — Waivers — Modifications and reinstatement of plans 19
988-Procedure -- Waivers -- Modifications and reinstatement of plans -- Effective January 1, 2024. 20
989-(a) Waiver of development plan approval. 21
990-(1) A planning board may waive requirements for development plan approval where there 22
991-is a change in use or occupancy and no extensive construction of improvements is sought. The 23
992-waiver may be granted only by a decision by the planning board finding that the use will not affect 24
993-existing drainage, circulation, relationship of buildings to each other, landscaping, buffering, 25
994-lighting and other considerations of development plan approval, and that the existing facilities do 26
995-not require upgraded or additional site improvements. 27
996-(2) The application for a waiver of development plan approval review shall include 28
997-documentation, as required by the planning board, on prior use of the site, the proposed use, and its 29
998-impact. 30
999-(b) Waiver and/or modification of requirements. The planning board has the power to grant 31
1000-waivers and/or modifications from the requirements for land development and subdivision approval 32
1001-as may be reasonable and within the general purposes and intents of the provisions for local 33
1002-regulations. The only grounds for waivers and/or modifications are where the literal enforcement 34
561+LC002501 - Page 16 of 32
562+applicant or appellant, the original applicant or appellant and the members of the planning board 1
563+shall be made parties to the proceedings. The appeal does not stay proceedings upon the decision 2
564+appealed from, but the court may, in its discretion, grant a stay on appropriate terms and make any 3
565+other orders that it deems necessary for an equitable disposition of the appeal. 4
566+(b) The review shall be conducted by the superior court without a jury. The court shall 5
567+consider the record of the hearing before the planning board and, if it appear to the court that 6
568+additional evidence is necessary for the proper disposition of the matter, it may allow any party to 7
569+the appeal to present evidence in open court, which evidence, along with the report, shall constitute 8
570+the record upon which the determination of the court shall be made. 9
571+(c) The court shall not substitute its judgment for that of the planning board as to the weight 10
572+of the evidence on questions of fact. The court may affirm the decision of the board of appeal or 11
573+remand the case for further proceedings, or may reverse or modify the decision if substantial rights 12
574+of the appellant have been prejudiced because of findings, inferences, conclusions or decisions 13
575+which are: 14
576+(1) In violation of constitutional, statutory, ordinance or planning board regulations 15
577+provisions; 16
578+(2) In excess of the authority granted to the planning board by statute or ordinance; 17
579+(3) Made upon unlawful procedure; 18
580+(4) Affected by other error of law; 19
581+(5) Clearly erroneous in view of the reliable, probative, and substantial evidence of the 20
582+whole record; or 21
583+(6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted 22
584+exercise of discretion. 23
585+SECTION 2. Sections 45-24-31, 45-24-46.4, 45-24-47, 45-24-49 and 45-24-58 of the 24
586+General Laws in Chapter 45-24 entitled "Zoning Ordinances" are hereby amended to read as 25
587+follows: 26
588+45-24-31. Definitions Definitions -- Effective January 1 2024. 27
589+Where words or terms used in this chapter are defined in § 45-22.2-4 or 45-23-32, they 28
590+have the meanings stated in that section. In addition, the following words have the following 29
591+meanings. Additional words and phrases may be used in developing local ordinances under this 30
592+chapter; however, the words and phrases defined in this section are controlling in all local 31
593+ordinances created under this chapter: 32
594+(1) Abutter. One whose property abuts, that is, adjoins at a border, boundary, or point with 33
595+no intervening land. 34
1003596
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1005-LC002501/SUB A - Page 28 of 50
1006-of one or more provisions of the regulations is impracticable and will exact undue hardship because 1
1007-of peculiar conditions pertaining to the land in question or where waiver and/or modification is in 2
1008-the best interest of good planning practice and/or design as evidenced by consistency with the 3
1009-municipality’s comprehensive plan and zoning ordinance. 4
1010-(c)(b) Local regulations shall include provisions for an applicant to seek reinstatement of 5
1011-development applications when the deadlines set in the local regulations and approval agreements 6
1012-for particular actions are exceeded and the development application or approval is therefore 7
1013-rendered invalid. Where an approval has expired, the local regulations shall specify the point in the 8
1014-review to which the application may be reinstated. 9
1015-(d)(c) Decision. The planning board shall approve, approve with conditions or deny the 10
1016-request for either a waiver or modification as described in subsection (a) or (b) in this section, 11
1017-according to the requirements of § 45-23-63. 12
1018-45-23-67. Appeals — Process of appeal Appeals from decision of administrative 13
1019-officer -- Effective January 1, 2024. 14
1020-(a) Process and timing. Local regulations adopted pursuant to this chapter shall provide 15
1021-that an appeal from any decision of the administrative officer charged in the regulations with 16
1022-enforcement of any provisions, except as provided in this section, may be taken to the board of 17
1023-appeal by an aggrieved party as set forth in this section. Decisions by the administrative officer 18
1024-approving or denying projects under §§ 45-23-38 or 45-23-50 shall not be subject to this section 19
1025-and shall proceed directly to Superior Court as set forth in § 45-23-71. 20
1026-(1) An appeal to the board of appeal from a decision or action of the planning board or 21
598+LC002501 - Page 17 of 32
599+(2) Accessory dwelling unit (ADU). A residential living unit on the same parcel where the 1
600+primary use is a legally established single-unit or multi-unit dwelling. An ADU provides complete 2
601+independent living facilities for one or more persons. It may take various forms including, but not 3
602+limited to: a detached unit; a unit that is part of an accessory structure, such as a detached garage; 4
603+or a unit that is part of an expanded or remodeled primary dwelling. 5
604+(3) Accessory use. A use of land or of a building, or portion thereof, customarily incidental 6
605+and subordinate to the principal use of the land or building. An accessory use may be restricted to 7
606+the same lot as the principal use. An accessory use shall not be permitted without the principal use 8
607+to which it is related. 9
608+(4) Aggrieved party. An aggrieved party, for purposes of this chapter, shall be: 10
609+(i) Any person, or persons, or entity, or entities, who or that can demonstrate that his, her, 11
610+or its property will be injured by a decision of any officer or agency responsible for administering 12
611+the zoning ordinance of a city or town; or 13
612+(ii) Anyone requiring notice pursuant to this chapter. 14
613+(5) Agricultural land. “Agricultural land,” as defined in § 45-22.2-4. 15
614+(6) Airport hazard area. “Airport hazard area,” as defined in § 1-3-2. 16
615+(7) Applicant. An owner, or authorized agent of the owner, submitting an application or 17
616+appealing an action of any official, board, or agency. 18
617+(8) Application. The completed form, or forms, and all accompanying documents, exhibits, 19
618+and fees required of an applicant by an approving authority for development review, approval, or 20
619+permitting purposes. 21
620+(9) Buffer. Land that is maintained in either a natural or landscaped state, and is used to 22
621+screen or mitigate the impacts of development on surrounding areas, properties, or rights-of-way. 23
622+(10) Building. Any structure used or intended for supporting or sheltering any use or 24
623+occupancy. 25
624+(11) Building envelope. The three-dimensional space within which a structure is permitted 26
625+to be built on a lot and that is defined by regulations governing building setbacks, maximum height, 27
626+and bulk; by other regulations; or by any combination thereof. 28
627+(12) Building height. For a vacant parcel of land, building height shall be measured from 29
628+the average, existing-grade elevation where the foundation of the structure is proposed. For an 30
629+existing structure, building height shall be measured from average grade taken from the outermost 31
630+four (4) corners of the existing foundation. In all cases, building height shall be measured to the top 32
631+of the highest point of the existing or proposed roof or structure. This distance shall exclude spires, 33
632+chimneys, flag poles, and the like. For any property or structure located in a special flood hazard 34
633+
634+
635+LC002501 - Page 18 of 32
636+area, as shown on the official FEMA Flood Insurance Rate Maps (FIRMs), or depicted on the 1
637+Rhode Island coastal resources management council (CRMC) suggested design elevation three foot 2
638+(3′) sea level rise (CRMC SDE 3 SLR) map as being inundated during a one-hundred-year (100) 3
639+storm, the greater of the following amounts, expressed in feet, shall be excluded from the building 4
640+height calculation: 5
641+(i) The base flood elevation on the FEMA FIRM plus up to five feet (5′) of any utilized or 6
642+proposed freeboard, less the average existing grade elevation; or 7
643+(ii) The suggested design elevation as depicted on the CRMC SDE 3 SLR map during a 8
644+one-hundred-year (100) storm, less the average existing grade elevation. CRMC shall reevaluate 9
645+the appropriate suggested design elevation map for the exclusion every ten (10) years, or as 10
646+otherwise necessary. 11
647+(13) Cluster. A site-planning technique that concentrates buildings in specific areas on the 12
648+site to allow the remaining land to be used for recreation, common open space, and/or preservation 13
649+of environmentally, historically, culturally, or other sensitive features and/or structures. The 14
650+techniques used to concentrate buildings shall be specified in the ordinance and may include, but 15
651+are not limited to, reduction in lot areas, setback requirements, and/or bulk requirements, with the 16
652+resultant open land being devoted by deed restrictions for one or more uses. Under cluster 17
653+development, there is no increase in the number of lots that would be permitted under conventional 18
654+development except where ordinance provisions include incentive bonuses for certain types or 19
655+conditions of development. 20
656+(14) Common ownership. Either: 21
657+(i) Ownership by one or more individuals or entities in any form of ownership of two (2) 22
658+or more contiguous lots; or 23
659+(ii) Ownership by any association (ownership may also include a municipality) of one or 24
660+more lots under specific development techniques. 25
661+(15) Community residence. A home or residential facility where children and/or adults 26
662+reside in a family setting and may or may not receive supervised care. This does not include halfway 27
663+houses or substance-use-disorder-treatment facilities. This does include, but is not limited to, the 28
664+following: 29
665+(i) Whenever six (6) or fewer children or adults with intellectual and/or developmental 30
666+disability reside in any type of residence in the community, as licensed by the state pursuant to 31
667+chapter 24 of title 40.1. All requirements pertaining to local zoning are waived for these community 32
668+residences; 33
669+(ii) A group home providing care or supervision, or both, to not more than eight (8) persons 34
670+
671+
672+LC002501 - Page 19 of 32
673+with disabilities, and licensed by the state pursuant to chapter 24 of title 40.1; 1
674+(iii) A residence for children providing care or supervision, or both, to not more than eight 2
675+(8) children, including those of the caregiver, and licensed by the state pursuant to chapter 72.1 of 3
676+title 42; 4
677+(iv) A community transitional residence providing care or assistance, or both, to no more 5
678+than six (6) unrelated persons or no more than three (3) families, not to exceed a total of eight (8) 6
679+persons, requiring temporary financial assistance, and/or to persons who are victims of crimes, 7
680+abuse, or neglect, and who are expected to reside in that residence not less than sixty (60) days nor 8
681+more than two (2) years. Residents will have access to, and use of, all common areas, including 9
682+eating areas and living rooms, and will receive appropriate social services for the purpose of 10
683+fostering independence, self-sufficiency, and eventual transition to a permanent living situation. 11
684+(16) Comprehensive plan. The comprehensive plan adopted and approved pursuant to 12
685+chapter 22.2 of this title and to which any zoning adopted pursuant to this chapter shall be in 13
686+compliance. 14
687+(17) Day care — Daycare center. Any other daycare center that is not a family daycare 15
688+home. 16
689+(18) Day care — Family daycare home. Any home, other than the individual’s home, in 17
690+which day care in lieu of parental care or supervision is offered at the same time to six (6) or less 18
691+individuals who are not relatives of the caregiver, but may not contain more than a total of eight 19
692+(8) individuals receiving day care. 20
693+(19) Density, residential. The number of dwelling units per unit of land. 21
694+(20) Development. The construction, reconstruction, conversion, structural alteration, 22
695+relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; 23
696+or any change in use, or alteration or extension of the use, of land. 24
697+(21) Development plan review. The process whereby authorized, local officials review the 25
698+site plans, maps, and other documentation of a development to determine the compliance with the 26
699+stated purposes and standards of the ordinance. See §§ 45-23-32 and 45-23-50. 27
700+(22) District. See “zoning-use district.” 28
701+(23) Drainage system. A system for the removal of water from land by drains, grading, or 29
702+other appropriate means. These techniques may include runoff controls to minimize erosion and 30
703+sedimentation during and after construction or development; the means for preserving surface and 31
704+groundwaters; and the prevention and/or alleviation of flooding. 32
705+(24) Dwelling unit. A structure, or portion of a structure, providing complete, independent 33
706+living facilities for one or more persons, including permanent provisions for living, sleeping, eating, 34
707+
708+
709+LC002501 - Page 20 of 32
710+cooking, and sanitation, and containing a separate means of ingress and egress. 1
711+(25) Extractive industry. The extraction of minerals, including: solids, such as coal and 2
712+ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes 3
713+quarrying; well operation; milling, such as crushing, screening, washing, and flotation; and other 4
714+preparation customarily done at the extraction site or as a part of the extractive activity. 5
715+(26) Family member. A person, or persons, related by blood, marriage, or other legal 6
716+means, including, but not limited to, a child, parent, spouse, mother-in-law, father-in-law, 7
717+grandparents, grandchildren, domestic partner, sibling, care recipient, or member of the household. 8
718+(27) Floating zone. An unmapped zoning district adopted within the ordinance that is 9
719+established on the zoning map only when an application for development, meeting the zone 10
720+requirements, is approved. 11
721+(28) Floodplains, or Flood hazard area. As defined in § 45-22.2-4. 12
722+(29) Freeboard. A factor of safety expressed in feet above the base flood elevation of a 13
723+flood hazard area for purposes of floodplain management. Freeboard compensates for the many 14
724+unknown factors that could contribute to flood heights, such as wave action, bridge openings, and 15
725+the hydrological effect of urbanization of the watershed. 16
726+(30) Groundwater. “Groundwater” and associated terms, as defined in § 46-13.1-3. 17
727+(31) Halfway house. A residential facility for adults or children who have been 18
728+institutionalized for criminal conduct and who require a group setting to facilitate the transition to 19
729+a functional member of society. 20
730+(32) Hardship. See § 45-24-41. 21
731+(33) Historic district or historic site. As defined in § 45-22.2-4. 22
732+(34) Home occupation. Any activity customarily carried out for gain by a resident, 23
733+conducted as an accessory use in the resident’s dwelling unit. 24
734+(35) Household. One or more persons living together in a single-dwelling unit, with 25
735+common access to, and common use of, all living and eating areas and all areas and facilities for 26
736+the preparation and storage of food within the dwelling unit. The term “household unit” is 27
737+synonymous with the term “dwelling unit” for determining the number of units allowed within any 28
738+structure on any lot in a zoning district. An individual household shall consist of any one of the 29
739+following: 30
740+(i) A family, which may also include servants and employees living with the family; or 31
741+(ii) A person or group of unrelated persons living together. The maximum number may be 32
742+set by local ordinance, but this maximum shall not be less than three (3). 33
743+(36) Incentive zoning. The process whereby the local authority may grant additional 34
744+
745+
746+LC002501 - Page 21 of 32
747+development capacity in exchange for the developer’s provision of a public benefit or amenity as 1
748+specified in local ordinances. 2
749+(37) Infrastructure. Facilities and services needed to sustain residential, commercial, 3
750+industrial, institutional, and other activities. 4
751+(38) Land-development project. A project in which one or more lots, tracts, or parcels of 5
752+land are developed or redeveloped as a coordinated site for one or more uses, units, or structures, 6
753+including, but not limited to, planned development or cluster development for residential, 7
754+commercial, institutional, recreational, open space, or mixed uses as provided in the zoning 8
755+ordinance. 9
756+(39) Lot. Either: 10
757+(i) The basic development unit for determination of lot area, depth, and other dimensional 11
758+regulations; or 12
759+(ii) A parcel of land whose boundaries have been established by some legal instrument, 13
760+such as a recorded deed or recorded map, and that is recognized as a separate legal entity for 14
761+purposes of transfer of title. 15
762+(40) Lot area. The total area within the boundaries of a lot, excluding any street right-of-16
763+way, usually reported in acres or square feet. 17
764+(41) Lot area, minimum. The smallest land area established by the local zoning ordinance 18
765+upon which a use, building, or structure may be located in a particular zoning district. 19
766+(42) Lot building coverage. That portion of the lot that is, or may be, covered by buildings 20
767+and accessory buildings. 21
768+(43) Lot depth. The distance measured from the front lot line to the rear lot line. For lots 22
769+where the front and rear lot lines are not parallel, the lot depth is an average of the depth. 23
770+(44) Lot frontage. That portion of a lot abutting a street. A zoning ordinance shall specify 24
771+how noncontiguous frontage will be considered with regard to minimum frontage requirements. 25
772+(45) Lot line. A line of record, bounding a lot, that divides one lot from another lot or from 26
773+a public or private street or any other public or private space and shall include: 27
774+(i) Front: the lot line separating a lot from a street right-of-way. A zoning ordinance shall 28
775+specify the method to be used to determine the front lot line on lots fronting on more than one 29
776+street, for example, corner and through lots; 30
777+(ii) Rear: the lot line opposite and most distant from the front lot line, or in the case of 31
778+triangular or otherwise irregularly shaped lots, an assumed line at least ten feet (10′) in length 32
779+entirely within the lot, parallel to and at a maximum distance from, the front lot line; and 33
780+(iii) Side: any lot line other than a front or rear lot line. On a corner lot, a side lot line may 34
781+
782+
783+LC002501 - Page 22 of 32
784+be a street lot line, depending on requirements of the local zoning ordinance. 1
785+(46) Lot size, minimum. Shall have the same meaning as “minimum lot area” defined 2
786+herein. 3
787+(47) Lot, through. A lot that fronts upon two (2) parallel streets, or that fronts upon two 4
788+(2) streets that do not intersect at the boundaries of the lot. 5
789+(48) Lot width. The horizontal distance between the side lines of a lot measured at right 6
790+angles to its depth along a straight line parallel to the front lot line at the minimum front setback 7
791+line. 8
792+(49) Mere inconvenience. See § 45-24-41. 9
793+(50) Mixed use. A mixture of land uses within a single development, building, or tract. 10
794+(51) Modification. Permission granted and administered by the zoning enforcement officer 11
795+of the city or town, and pursuant to the provisions of this chapter to grant a dimensional variance 12
796+other than lot area requirements from the zoning ordinance to a limited degree as determined by 13
797+the zoning ordinance of the city or town, but not to exceed twenty-five percent (25%) of each of 14
798+the applicable dimensional requirements. 15
799+(52) Nonconformance. A building, structure, or parcel of land, or use thereof, lawfully 16
800+existing at the time of the adoption or amendment of a zoning ordinance and not in conformity with 17
801+the provisions of that ordinance or amendment. Nonconformance is of only two (2) types: 18
802+(i) Nonconforming by use: a lawfully established use of land, building, or structure that is 19
803+not a permitted use in that zoning district. A building or structure containing more dwelling units 20
804+than are permitted by the use regulations of a zoning ordinance is nonconformity by use; or 21
805+(ii) Nonconforming by dimension: a building, structure, or parcel of land not in compliance 22
806+with the dimensional regulations of the zoning ordinance. Dimensional regulations include all 23
807+regulations of the zoning ordinance, other than those pertaining to the permitted uses. A building 24
808+or structure containing more dwelling units than are permitted by the use regulations of a zoning 25
809+ordinance is nonconforming by use; a building or structure containing a permitted number of 26
810+dwelling units by the use regulations of the zoning ordinance, but not meeting the lot area per 27
811+dwelling unit regulations, is nonconforming by dimension. 28
812+(53) Overlay district. A district established in a zoning ordinance that is superimposed on 29
813+one or more districts or parts of districts. The standards and requirements associated with an overlay 30
814+district may be more or less restrictive than those in the underlying districts consistent with other 31
815+applicable state and federal laws. 32
816+(54) Performance standards. A set of criteria or limits relating to elements that a particular 33
817+use or process must either meet or may not exceed. 34
818+
819+
820+LC002501 - Page 23 of 32
821+(55) Permitted use. A use by right that is specifically authorized in a particular zoning 1
822+district. 2
823+(56) Planned development. A “land-development project,” as defined in subsection (38), 3
824+and developed according to plan as a single entity and containing one or more structures or uses 4
825+with appurtenant common areas. 5
826+(57) Plant agriculture. The growing of plants for food or fiber, to sell or consume. 6
827+(58) Preapplication conference. A review meeting of a proposed development held 7
828+between applicants and reviewing agencies as permitted by law and municipal ordinance, before 8
829+formal submission of an application for a permit or for development approval. 9
830+(59) Setback line or lines. A line, or lines, parallel to a lot line at the minimum distance of 10
831+the required setback for the zoning district in which the lot is located that establishes the area within 11
832+which the principal structure must be erected or placed. 12
833+(60) Site plan. The development plan for one or more lots on which is shown the existing 13
834+and/or the proposed conditions of the lot. 14
835+(61) Slope of land. The grade, pitch, rise, or incline of the topographic landform or surface 15
836+of the ground. 16
837+(62) Special use. A regulated use that is permitted pursuant to the special-use permit issued 17
838+by the authorized governmental entity, pursuant to § 45-24-42. Formerly referred to as a special 18
839+exception. 19
840+(63) Structure. A combination of materials to form a construction for use, occupancy, or 20
841+ornamentation, whether installed on, above, or below the surface of land or water. 21
842+(64) Substandard lot of record. Any lot lawfully existing at the time of adoption or 22
843+amendment of a zoning ordinance and not in conformance with the dimensional or area provisions 23
844+of that ordinance. 24
845+(65) Use. The purpose or activity for which land or buildings are designed, arranged, or 25
846+intended, or for which land or buildings are occupied or maintained. 26
847+(66) Variance. Permission to depart from the literal requirements of a zoning ordinance. 27
848+An authorization for the construction or maintenance of a building or structure, or for the 28
849+establishment or maintenance of a use of land, that is prohibited by a zoning ordinance. There are 29
850+only two (2) categories of variance, a use variance or a dimensional variance. 30
851+(i) Use variance. Permission to depart from the use requirements of a zoning ordinance 31
852+where the applicant for the requested variance has shown by evidence upon the record that the 32
853+subject land or structure cannot yield any beneficial use if it is to conform to the provisions of the 33
854+zoning ordinance. 34
855+
856+
857+LC002501 - Page 24 of 32
858+(ii) Dimensional variance. Permission to depart from the dimensional requirements of a 1
859+zoning ordinance, where the applicant for the requested relief has shown, by evidence upon the 2
860+record, that there is no other reasonable alternative way to enjoy a legally permitted beneficial use 3
861+of the subject property unless granted the requested relief from the dimensional regulations. 4
862+However, the fact that a use may be more profitable or that a structure may be more valuable after 5
863+the relief is granted are not grounds for relief. 6
864+(67) Waters. As defined in § 46-12-1(23). 7
865+(68) Wetland, coastal. As defined in § 45-22.2-4. 8
866+(69) Wetland, freshwater. As defined in § 2-1-20. 9
867+(70) Zoning certificate. A document signed by the zoning-enforcement officer, as required 10
868+in the zoning ordinance, that acknowledges that a use, structure, building, or lot either complies 11
869+with, or is legally nonconforming to, the provisions of the municipal zoning ordinance or is an 12
870+authorized variance or modification therefrom. 13
871+(71) Zoning map. The map, or maps, that are a part of the zoning ordinance and that 14
872+delineate the boundaries of all mapped zoning districts within the physical boundary of the city or 15
873+town. 16
874+(72) Zoning ordinance. An ordinance enacted by the legislative body of the city or town 17
875+pursuant to this chapter and in the manner providing for the adoption of ordinances in the city or 18
876+town’s legislative or home rule charter, if any, that establish regulations and standards relating to 19
877+the nature and extent of uses of land and structures; that is consistent with the comprehensive plan 20
878+of the city or town as defined in chapter 22.2 of this title; that includes a zoning map; and that 21
879+complies with the provisions of this chapter. 22
880+(73) Zoning-use district. The basic unit in zoning, either mapped or unmapped, to which 23
881+a uniform set of regulations applies, or a uniform set of regulations for a specified use. Zoning-use 24
882+districts include, but are not limited to: agricultural, commercial, industrial, institutional, open 25
883+space, and residential. Each district may include sub-districts. Districts may be combined. 26
884+45-24-46.4. Special provisions — Unified development review Special provisions -- 27
885+Unified development review -- Effective January 1, 2024. 28
886+(a) A zoning ordinance may shall provide that review and approval of dimensional 29
887+variances, use variances, and/or special-use permits for properties undergoing review by the 30
888+planning board or commission as land development or development plan review or major land 31
889+development or major subdivision projects pursuant to § 45-23-36, be conducted and decided by 32
890+the planning board or commission in conjunction with and simultaneous with the review process 33
891+for the development plan review, major land development or major subdivision, as applicable. This 34
892+
893+
894+LC002501 - Page 25 of 32
895+process is to be known as unified development review. 1
896+(b) If unified development review is desired, such review must be enabled within the 2
897+zoning ordinance, in accordance with this section, and the The local subdivision and land-3
898+development regulations must be brought into conformance, shall provide for the application and 4
899+review process pursuant to § 45-23-50.1. 5
900+(c) A zoning ordinance that provides for unified development review shall: 6
901+(1) Specify which types of zoning approval Empower the planning board or commission 7
902+shall be empowered to grant for which types of projects zoning relief; and 8
903+(2) Provide that any person, group, agency, or corporation that files an application for an 9
904+included land development or subdivision project may shall also file specific requests for relief 10
905+from the literal requirements of a zoning ordinance on the subject property, pursuant to § 45-24-11
906+41, and/or for the issuance of special-use permits for the subject property, pursuant to § 45-24-42, 12
907+by including such within the application to the administrative officer of the planning board or 13
908+commission with the other required application materials, pursuant to § 45-23-50.1(b). 14
909+(d) A zoning ordinance that provides for unified development review may specify design, 15
910+use, public benefit, or other relevant criteria that must be met in order for an application to qualify 16
911+for review under the unified development review provisions of the zoning ordinance. Certification 17
912+as to whether an application meets the established criteria shall be conducted in conjunction with, 18
913+and following the time lines outlined for, certification of completeness of the application, pursuant 19
914+to §§ 45-23-38(c), 45-23-40(b), or 45-23-41(b). 20
915+(e) All land development and subdivision applications that include requests for variances 21
916+and/or special-use permits submitted pursuant to this section shall require a public hearing that 22
917+meets the requirements of §§ 45-23-50.1(b) and 45-23-50.1(c). 23
918+(f) In granting requests for dimensional and use variances, the planning board or 24
919+commission shall be bound to the requirements of §§ 45-24-41(d) and 45-24-41(e) § 45-24-41 25
920+relative to entering evidence into the record in satisfaction of the applicable standards. 26
921+(g) In reviewing requests for special-use permits, the planning board or commission shall 27
922+be bound to the conditions and procedures under which a special-use permit may be issued and the 28
923+criteria for the issuance of such permits, as found within the zoning ordinance pursuant to §§ 45-29
924+24-42(b)(1), 45-24-42(b)(2) and 45-24-42(b)(3) § 45-24-42, and shall be required to provide for 30
925+the recording of findings of fact and written decisions as described in the zoning ordinance pursuant 31
926+to § 45-24-42(b)(5) 45-24-42. 32
927+(h) An appeal from any decision made pursuant to this section may be taken pursuant to § 33
928+45-23-66 45-23-71. 34
929+
930+
931+LC002501 - Page 26 of 32
932+45-24-47. Special provisions — Land development projects Special provisions -- Land 1
933+development projects -- Effective January 1, 2024. 2
934+(a) A zoning ordinance may shall provide for land development projects which are projects 3
935+in which one or more lots, tracts, or parcels of land are to be developed or redeveloped as a 4
936+coordinated site for a complex of uses, units, or structures, including, but not limited to, planned 5
937+development and/or cluster development for residential, commercial, institutional, industrial, 6
938+recreational, open space, and/or mixed uses as may be provided for in the zoning ordinance. 7
939+(b) A zoning ordinance adopted pursuant to this chapter which permits or requires the 8
940+creation of land development projects in one or more zoning districts shall require that any land 9
941+development project is referred to the city or town planning board or commission for approval shall 10
942+be reviewed, in accordance with the procedures established by chapter 23 of this title, including 11
943+those for appeal and judicial review, and with any ordinances or regulations adopted pursuant to 12
944+the procedures, whether or not the land development project constitutes a “subdivision”, as defined 13
945+in chapter 23 of this title. No land development project shall be initiated until a plan of the project 14
946+has been submitted to the planning board or commission and approval has been granted by the 15
947+planning board or commission. In reviewing, hearing, and deciding upon a land development 16
948+project, the city or town planning board or commission may be empowered to allow zoning 17
949+incentives within the project; provided, that standards for the adjustments incentives are described 18
950+in the zoning ordinance, and may be empowered to apply any special conditions and stipulations 19
951+to the approval that may, in the opinion of the planning board or commission, be required to 20
952+maintain harmony with neighboring uses and promote the objectives and purposes of the 21
953+comprehensive plan and zoning ordinance. 22
954+(c) In regulating land development projects, an ordinance adopted pursuant to this chapter 23
955+may include, but is not limited to, regulations governing the following: 24
956+(1) A minimum area or site size for a land development project; 25
957+(2) Uses to be permitted within the development; 26
958+(3) Ratios of residential to nonresidential uses where applicable; 27
959+(4) Maximum density per lot and maximum density for the entire development, with ; 28
960+(5) Roads, driveways, utilities, parking, and other facilities; regulations may distinguish 29
961+between those facilities intended to remain in private ownership or to be dedicated to the public; 30
962+and 31
963+(6) Buffer areas, landscaping, screening, and shading. 32
964+(d) In regulating land development projects, an ordinance adopted pursuant to this chapter 33
965+shall include provisions for zoning incentives which include the adjustment of applicable lot density 34
966+
967+
968+LC002501 - Page 27 of 32
969+and dimensional standards where open space is to be permanently set aside for public or common 1
970+use, and/or where the physical characteristics, location, or size of the site require an adjustment, 2
971+and/or where the location, size, and type of housing, commercial, industrial, or other use require an 3
972+adjustment, and/or where housing for low and moderate income families is to be provided, or where 4
973+other amenities not ordinarily required are provided, as stipulated in the zoning ordinance. 5
974+Provision may be made for adjustment of applicable lot density and dimensional standards for 6
975+payment or donation of other land or facilities in lieu of an on-site provision of an amenity that 7
976+would, if provided on-site, enable an adjustment; 8
977+(5) Roads, driveways, utilities, parking, and other facilities; regulations may distinguish 9
978+between those facilities intended to remain in private ownership or to be dedicated to the public; 10
979+and 11
980+(6) Buffer areas, landscaping, screening, and shading. 12
981+(d)(e)(1) A zoning ordinance requiring open land in a cluster development or other land 13
982+development project for public or common use, shall provide that such open land either: (i) be 14
983+conveyed to the city or town and accepted by it for park, open space, agricultural, or other specified 15
984+use or uses, or (ii) be conveyed to a nonprofit organization, the principal purpose of which is the 16
985+conservation of open space or resource protection, or (iii) be conveyed to a corporation or trust 17
986+owned or to be owned by the owners of lots or units within the development, or owners of shares 18
987+within a cooperative development. If such a corporation or trust is used, ownership shall pass with 19
988+conveyances of the lots or units, or (iv) remain in private ownership if the use is limited to 20
989+agriculture, habitat or forestry, and the city or town has set forth in its community comprehensive 21
990+plan and zoning ordinance that private ownership is necessary for the preservation and management 22
991+of the agricultural, habitat or forest resources. 23
992+(2) In any case where the land is not conveyed to the city or town: 24
993+(i) A restriction, in perpetuity, enforceable by the city or town or by any owner of property 25
994+in the cluster or other land development project in which the land is located shall be recorded 26
995+providing that the land is kept in the authorized condition(s) and not built upon or developed for 27
996+accessory uses such as parking or roadway; and 28
997+(ii) The developmental rights and other conservation easements on the land may be held, 29
998+in perpetuity, by a nonprofit organization, the principal purpose of which is the conservation of 30
999+open space or resource protection. 31
1000+(3) All open space land provided by a cluster development or other land development 32
1001+project shall be subject to a community approved management plan that will specify the permitted 33
1002+uses for the open space. 34
1003+
1004+
1005+LC002501 - Page 28 of 32
1006+45-24-49. Special provisions — Development plan review Special provisions -- 1
1007+Development plan review -- Effective January 1 2024. 2
1008+(a) A zoning ordinance may shall permit development plan review of applications for uses 3
1009+requiring a special-use permit, a variance, a zoning ordinance amendment, and/or a zoning map 4
1010+change. The review shall be conducted by the planning board or commission and shall be advisory 5
1011+to the permitting authority pursuant to § 45-23-50. 6
1012+(b) A zoning ordinance may permit development plan review of applications for uses that 7
1013+are permitted by right under the zoning ordinance, but the review shall only be based on specific 8
1014+and objective guidelines which must be stated in the zoning ordinance. The review body shall also 9
1015+be set forth in and be established by the zoning ordinance. A rejection of the application shall be 10
1016+considered an appealable decision pursuant to § 45-24-64. 11
1017+(c) Nothing in this subsection shall be construed to permit waivers of any regulations unless 12
1018+approved by the permitting authority pursuant to the local ordinance and this act. 13
1019+45-24-58. Administration — Application procedure Administration -- Application 14
1020+procedure -- Effective January 1, 2024. 15
1021+The zoning ordinance establishes the various application procedures necessary for the 16
1022+filing of appeals, requests for variances, special-use permits, development plan reviews, site plan 17
1023+reviews, and other applications that may be specified in the zoning ordinance as allowed by this 18
1024+chapter, with the zoning board of review, consistent with the provisions of this chapter. The zoning 19
1025+ordinance provides for the creation of appropriate forms, and for the submission and resubmission 20
1026+requirements, for each type of application required. A zoning ordinance may establish that a time 21
1027+period of a certain number of months is required to pass before a successive similar application 22
1028+may be filed. 23
1029+SECTION 3. Sections 45-23-38, 45-23-57, 45-23-67, 45-23-68, 45-23-69 and 45-23-70 of 24
1030+the General Laws in Chapter 45-23 entitled "Subdivision of Land" are hereby repealed effective 25
1031+January 1, 2024. 26
1032+45-23-38. General provisions — Minor land development and minor subdivision 27
1033+review. 28
1034+(a) Review stages. Minor plan review consists of two (2) stages, preliminary and final; 29
1035+provided, that if a street creation or extension is involved, or a request for variances and/or special-30
1036+use permits are submitted, pursuant to the regulation’s unified development review provisions, a 31
1037+public hearing is required. The planning board may combine the approval stages, providing 32
1038+requirements for both stages are met by the applicant to the satisfaction of the planning officials. 33
1039+(b) Submission requirements. Any applicant requesting approval of a proposed, minor 34
1040+
1041+
1042+LC002501 - Page 29 of 32
1043+subdivision or minor land development, as defined in this chapter, shall submit to the administrative 1
1044+officer the items required by the local regulations. Requests for relief from the literal requirements 2
1045+of the zoning ordinance and/or for the issuance of special-use permits related to minor subdivisions 3
1046+and/or minor land-development projects that are submitted under a zoning ordinance’s unified 4
1047+development review provisions shall be included as part of the preliminary plan application, 5
1048+pursuant to § 45-23-50.1(b). 6
1049+(c) Certification. The application shall be certified, in writing, complete or incomplete by 7
1050+the administrative officer within twenty-five (25) days or within fifteen (15) days if no street 8
1051+creation or extension is required, and/or unified development review is not requested, according to 9
1052+the provisions of § 45-23-36(b). The running of the time period set forth in this section will be 10
1053+deemed stopped upon the issuance of a certificate of incompleteness of the application by the 11
1054+administrative officer and will recommence upon the resubmission of a corrected application by 12
1055+the applicant. However, in no event will the administrative officer be required to certify a corrected 13
1056+submission as complete or incomplete less than fourteen (14) days after its resubmission. 14
1057+(d) Technical review committee. The technical review committee, if established, will 15
1058+review the application and will comment and make recommendations to the planning board. The 16
1059+application will be referred to the planning board as a whole if there is no technical review 17
1060+committee. When reviewed by a technical review committee: 18
1061+(1) If the land-development or subdivision application does not include a request for unified 19
1062+development review and the plan is approved by a majority of the committee members, the 20
1063+application is forwarded to the planning board with a recommendation for preliminary plan 21
1064+approval without further review. 22
1065+(2) If the plan is not approved by a majority vote of the committee members, or the 23
1066+application includes a request for unified development review, the minor land-development and 24
1067+subdivision application is referred to the planning board. 25
1068+(e) Re-assignment to major review. The planning board may re-assign a proposed minor 26
1069+project to major review only when the planning board is unable to make the positive findings 27
1070+required in § 45-23-60. 28
1071+(f) Decision. If no street creation or extension is required, the planning board will approve, 29
1072+deny, or approve with conditions, the preliminary plan within sixty-five (65) days of certification 30
1073+of completeness, or within any further time that is agreed to by the applicant and the board, 31
1074+according to the requirements of §§ 45-23-60 and 45-23-63. If a street extension or creation is 32
1075+required, the planning board will hold a public hearing prior to approval according to the 33
1076+requirements in § 45-23-42 and will approve, deny, or approve with conditions, the preliminary 34
1077+
1078+
1079+LC002501 - Page 30 of 32
1080+plan within ninety-five (95) days of certification of completeness, or within any specified time that 1
1081+is agreed to by the applicant and the board, according to the requirements of §§ 45-23-60 and 45-2
1082+23-63. 3
1083+(g) Failure to act. Failure of the planning board to act within the period prescribed 4
1084+constitutes approval of the preliminary plan and a certificate of the administrative officer as to the 5
1085+failure of the planning board to act within the required time and the resulting approval will be issued 6
1086+on request of the application. 7
1087+(h) Final plan. The planning board may delegate final plan review and approval to either 8
1088+the administrative officer or the technical review committee. The officer or committee will report 9
1089+its actions, in writing to the planning board at its next regular meeting, to be made part of the record. 10
1090+(i) Expiration of approval. Approval of a minor land-development or subdivision plan 11
1091+expires ninety (90) days from the date of approval unless, within that period, a plat or plan, in 12
1092+conformity with approval, and as defined in this act, is submitted for signature and recording as 13
1093+specified in § 45-23-64. Validity may be extended for a longer period, for cause shown, if requested 14
1094+by the application in writing, and approved by the planning board. 15
1095+45-23-57. Administration — The board of appeal. 16
1096+The city or town council shall establish the city or town zoning board of review as the 17
1097+board of appeal to hear appeals of decisions of the planning board or the administrative officer on 18
1098+matters of review and approval of land development and subdivision projects. 19
1099+45-23-67. Appeals — Process of appeal. 20
1100+(a) An appeal to the board of appeal from a decision or action of the planning board or 21
10271101 administrative officer may be taken by an aggrieved party to the extent provided in § 45-23-66. 22
10281102 The appeal must be taken within twenty (20) days after the decision has been recorded in the city’s 23
10291103 or town’s land evidence records and posted in the office of the city or town clerk. 24
1030-(b)(2) The appeal shall be in writing and state clearly and unambiguously the issue or 25
1031-decision that is being appealed, the reason for the appeal, and the relief sought. The appeal shall 26
1032-either be sent by certified mail, with a return receipt requested, or be hand-delivered to the board 27
1033-of appeal. The city or town clerk shall accept delivery of an appeal on behalf of the board of appeal, 28
1034-if the local regulations governing land development and subdivision review so provide. 29
1035-(c)(3) Upon receipt of an appeal, the board of appeal shall require the planning board or 30
1104+(b) The appeal shall be in writing and state clearly and unambiguously the issue or decision 25
1105+that is being appealed, the reason for the appeal, and the relief sought. The appeal shall either be 26
1106+sent by certified mail, with a return receipt requested, or be hand-delivered to the board of appeal. 27
1107+The city or town clerk shall accept delivery of an appeal on behalf of the board of appeal, if the 28
1108+local regulations governing land development and subdivision review so provide. 29
1109+(c) Upon receipt of an appeal, the board of appeal shall require the planning board or 30
10361110 administrative officer to immediately transmit to the board of appeal, all papers, documents and 31
10371111 plans, or a certified copy thereof, constituting the record of the action which is being appealed. 32
1038-(b) Stay. An appeal stays all proceedings in furtherance of the action being appealed. 33
1039-(c) Hearing. 34
1112+45-23-68. Appeals — Stay of proceedings. 33
1113+An appeal stays all proceedings in furtherance of the action being appealed. 34
10401114
10411115
1042-LC002501/SUB A - Page 29 of 50
1043-(1) The board of appeal shall hold a hearing on the appeal within forty-five (45) days of 1
1044-the receipt of the appeal, give public notice of the hearing, as well as due notice to the parties of 2
1045-interest. At the hearing the parties may appear in person, or be represented by an agent or attorney. 3
1046-The board shall render a decision within ten (10) days of the close of the public hearing. The cost 4
1047-of any notice required for the hearing shall be borne by the applicant. 5
1048-(2) The board of appeal shall only hear appeals of the actions of an administrative officer 6
1049-at a meeting called especially for the purpose of hearing the appeals and which has been so 7
1050-advertised. 8
1051-(3) The hearing, which may be held on the same date and at the same place as a meeting 9
1052-of the zoning board of review, must be held as a separate meeting from any zoning board of review 10
1053-meeting. Separate minutes and records of votes as required by § 45-23-70(d) shall be maintained 11
1054-by the board of appeal. 12
1055-(d) Standards of Review. 13
1056-(1) As established by this chapter, in instances of a board of appeal's review of an 14
1057-administrative officer's decision on matters subject to this chapter, the board of appeal shall not 15
1058-substitute its own judgment for that of the administrative officer but must consider the issue upon 16
1059-the findings and record of the administrative officer. The board of appeal shall not reverse a 17
1060-decision of the administrative officer except on a finding of prejudicial procedural error, clear error, 18
1061-or lack of support by the weight of the evidence in the record. 19
1062-(2) The concurring vote of three (3) of the five (5) members of the board of appeal sitting 20
1063-at a hearing, is necessary to reverse any decision of the administrative officer. 21
1064-(3) In the instance where the board of appeal overturns a decision of the administrative 22
1065-officer, the proposed project application is remanded to the administrative officer, at the stage of 23
1066-processing from which the appeal was taken, for further proceedings before the administrative 24
1067-officer and/or for the final disposition, which shall be consistent with the board of appeal's decision. 25
1068-(4) The board of appeal shall keep complete records of all proceedings including a record 26
1069-of all votes taken, and shall put all decisions on appeals in writing. The board of appeal shall include 27
1070-in the written record the reasons for each decision. 28
1071-45-23-71. Appeals to the superior court Appeals to the superior court -- Effective 29
1072-January 1, 2024. 30
1073-(a) An aggrieved party may appeal a decision of the board of appeal, a decision of an 31
1074-administrative officer made pursuant to §§ 45-23-38 or §45-23-50 where authorized to approve or 32
1075-deny an application, a decision of the technical review committee, where authorized to approve or 33
1076-deny an application, or a decision of the planning board, to the superior court for the county in 34
1077-
1078-
1079-LC002501/SUB A - Page 30 of 50
1080-which the municipality is situated by filing a complaint stating the reasons of for the appeal within 1
1081-twenty (20) days after the decision has been recorded and posted in the office of the city or town 2
1082-clerk. Recommendations by any public body or officer under this chapter are not appealable under 3
1083-this section. The board of appeal authorized permitting authority shall file the original documents 4
1084-acted upon by it and constituting the record of the case appealed from, or certified copies of the 5
1085-original documents, together with any other facts that may be pertinent, with the clerk of the court 6
1086-within thirty (30) days after being served with a copy of the complaint. When the complaint is filed 7
1087-by someone other than the original applicant or appellant, the original applicant or appellant and 8
1088-the members of the planning board shall be made parties to the proceedings. No responsive pleading 9
1089-is required for an appeal filed pursuant to this section. The appeal does not stay proceedings upon 10
1090-the decision appealed from, but the court may, in its discretion, grant a stay on appropriate terms 11
1091-and make any other orders that it deems necessary for an equitable disposition of the appeal. 12
1092-(b) Appeals from a decision granting or denying approval of a final plan shall be limited to 13
1093-elements of the approval or disapproval not contained in the decision reached by the planning board 14
1094-at the preliminary stage; providing that, a public hearing has been held on the plan, if required 15
1095-pursuant to this chapter. 16
1096-(c) The review shall be conducted by the superior court without a jury. The court shall 17
1097-consider the record of the hearing before the planning board and, if it appear to the court that 18
1098-additional evidence is necessary for the proper disposition of the matter, it may allow any party to 19
1099-the appeal to present evidence in open court, which evidence, along with the report, shall constitute 20
1100-the record upon which the determination of the court shall be made. 21
1101-(c)(d) The court shall not substitute its judgment for that of the planning board as to the 22
1102-weight of the evidence on questions of fact. The court may affirm the decision of the board of 23
1103-appeal or remand the case for further proceedings, or may reverse or modify the decision if 24
1104-substantial rights of the appellant have been prejudiced because of findings, inferences, conclusions 25
1105-or decisions which are: 26
1106-(1) In violation of constitutional, statutory, ordinance or planning board regulations 27
1107-provisions; 28
1108-(2) In excess of the authority granted to the planning board by statute or ordinance; 29
1109-(3) Made upon unlawful procedure; 30
1110-(4) Affected by other error of law; 31
1111-(5) Clearly erroneous in view of the reliable, probative, and substantial evidence of the 32
1112-whole record; or 33
1113-(6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted 34
1114-
1115-
1116-LC002501/SUB A - Page 31 of 50
1117-exercise of discretion. 1
1118-SECTION 2. Sections 45-24-31, 45-24-46.4, 45-24-47, 45-24-49 and 45-24-58 of the 2
1119-General Laws in Chapter 45-24 entitled "Zoning Ordinances" are hereby amended to read as 3
1120-follows: 4
1121-45-24-31. Definitions Definitions --Effective January 1, 2024. 5
1122-Where words or terms used in this chapter are defined in § 45-22.2-4 or 45-23-32, they 6
1123-have the meanings stated in that section. In addition, the following words have the following 7
1124-meanings. Additional words and phrases may be used in developing local ordinances under this 8
1125-chapter; however, the words and phrases defined in this section are controlling in all local 9
1126-ordinances created under this chapter: 10
1127-(1) Abutter. One whose property abuts, that is, adjoins at a border, boundary, or point with 11
1128-no intervening land. 12
1129-(2) Accessory dwelling unit (ADU). A residential living unit on the same parcel where the 13
1130-primary use is a legally established single-unit or multi-unit dwelling. An ADU provides complete 14
1131-independent living facilities for one or more persons. It may take various forms including, but not 15
1132-limited to: a detached unit; a unit that is part of an accessory structure, such as a detached garage; 16
1133-or a unit that is part of an expanded or remodeled primary dwelling. 17
1134-(3) Accessory use. A use of land or of a building, or portion thereof, customarily incidental 18
1135-and subordinate to the principal use of the land or building. An accessory use may be restricted to 19
1136-the same lot as the principal use. An accessory use shall not be permitted without the principal use 20
1137-to which it is related. 21
1138-(4) Aggrieved party. An aggrieved party, for purposes of this chapter, shall be: 22
1139-(i) Any person, or persons, or entity, or entities, who or that can demonstrate that his, her, 23
1140-or its property will be injured by a decision of any officer or agency responsible for administering 24
1141-the zoning ordinance of a city or town; or 25
1142-(ii) Anyone requiring notice pursuant to this chapter. 26
1143-(5) Agricultural land. “Agricultural land,” as defined in § 45-22.2-4. 27
1144-(6) Airport hazard area. “Airport hazard area,” as defined in § 1-3-2. 28
1145-(7) Applicant. An owner, or authorized agent of the owner, submitting an application or 29
1146-appealing an action of any official, board, or agency. 30
1147-(8) Application. The completed form, or forms, and all accompanying documents, exhibits, 31
1148-and fees required of an applicant by an approving authority for development review, approval, or 32
1149-permitting purposes. 33
1150-(9) Buffer. Land that is maintained in either a natural or landscaped state, and is used to 34
1151-
1152-
1153-LC002501/SUB A - Page 32 of 50
1154-screen or mitigate the impacts of development on surrounding areas, properties, or rights-of-way. 1
1155-(10) Building. Any structure used or intended for supporting or sheltering any use or 2
1156-occupancy. 3
1157-(11) Building envelope. The three-dimensional space within which a structure is permitted 4
1158-to be built on a lot and that is defined by regulations governing building setbacks, maximum height, 5
1159-and bulk; by other regulations; or by any combination thereof. 6
1160-(12) Building height. For a vacant parcel of land, building height shall be measured from 7
1161-the average, existing-grade elevation where the foundation of the structure is proposed. For an 8
1162-existing structure, building height shall be measured from average grade taken from the outermost 9
1163-four (4) corners of the existing foundation. In all cases, building height shall be measured to the top 10
1164-of the highest point of the existing or proposed roof or structure. This distance shall exclude spires, 11
1165-chimneys, flag poles, and the like. For any property or structure located in a special flood hazard 12
1166-area, as shown on the official FEMA Flood Insurance Rate Maps (FIRMs), or depicted on the 13
1167-Rhode Island coastal resources management council (CRMC) suggested design elevation three foot 14
1168-(3′) sea level rise (CRMC SDE 3 SLR) map as being inundated during a one-hundred-year (100) 15
1169-storm, the greater of the following amounts, expressed in feet, shall be excluded from the building 16
1170-height calculation: 17
1171-(i) The base flood elevation on the FEMA FIRM plus up to five feet (5′) of any utilized or 18
1172-proposed freeboard, less the average existing grade elevation; or 19
1173-(ii) The suggested design elevation as depicted on the CRMC SDE 3 SLR map during a 20
1174-one-hundred-year (100) storm, less the average existing grade elevation. CRMC shall reevaluate 21
1175-the appropriate suggested design elevation map for the exclusion every ten (10) years, or as 22
1176-otherwise necessary. 23
1177-(13) Cluster. A site-planning technique that concentrates buildings in specific areas on the 24
1178-site to allow the remaining land to be used for recreation, common open space, and/or preservation 25
1179-of environmentally, historically, culturally, or other sensitive features and/or structures. The 26
1180-techniques used to concentrate buildings shall be specified in the ordinance and may include, but 27
1181-are not limited to, reduction in lot areas, setback requirements, and/or bulk requirements, with the 28
1182-resultant open land being devoted by deed restrictions for one or more uses. Under cluster 29
1183-development, there is no increase in the number of lots that would be permitted under conventional 30
1184-development except where ordinance provisions include incentive bonuses for certain types or 31
1185-conditions of development. 32
1186-(14) Common ownership. Either: 33
1187-(i) Ownership by one or more individuals or entities in any form of ownership of two (2) 34
1188-
1189-
1190-LC002501/SUB A - Page 33 of 50
1191-or more contiguous lots; or 1
1192-(ii) Ownership by any association (ownership may also include a municipality) of one or 2
1193-more lots under specific development techniques. 3
1194-(15) Community residence. A home or residential facility where children and/or adults 4
1195-reside in a family setting and may or may not receive supervised care. This does not include halfway 5
1196-houses or substance-use-disorder-treatment facilities. This does include, but is not limited to, the 6
1197-following: 7
1198-(i) Whenever six (6) or fewer children or adults with intellectual and/or developmental 8
1199-disability reside in any type of residence in the community, as licensed by the state pursuant to 9
1200-chapter 24 of title 40.1. All requirements pertaining to local zoning are waived for these community 10
1201-residences; 11
1202-(ii) A group home providing care or supervision, or both, to not more than eight (8) persons 12
1203-with disabilities, and licensed by the state pursuant to chapter 24 of title 40.1; 13
1204-(iii) A residence for children providing care or supervision, or both, to not more than eight 14
1205-(8) children, including those of the caregiver, and licensed by the state pursuant to chapter 72.1 of 15
1206-title 42; 16
1207-(iv) A community transitional residence providing care or assistance, or both, to no more 17
1208-than six (6) unrelated persons or no more than three (3) families, not to exceed a total of eight (8) 18
1209-persons, requiring temporary financial assistance, and/or to persons who are victims of crimes, 19
1210-abuse, or neglect, and who are expected to reside in that residence not less than sixty (60) days nor 20
1211-more than two (2) years. Residents will have access to, and use of, all common areas, including 21
1212-eating areas and living rooms, and will receive appropriate social services for the purpose of 22
1213-fostering independence, self-sufficiency, and eventual transition to a permanent living situation. 23
1214-(16) Comprehensive plan. The comprehensive plan adopted and approved pursuant to 24
1215-chapter 22.2 of this title and to which any zoning adopted pursuant to this chapter shall be in 25
1216-compliance. 26
1217-(17) Day care — Daycare center. Any other daycare center that is not a family daycare 27
1218-home. 28
1219-(18) Day care — Family daycare home. Any home, other than the individual’s home, in 29
1220-which day care in lieu of parental care or supervision is offered at the same time to six (6) or less 30
1221-individuals who are not relatives of the caregiver, but may not contain more than a total of eight 31
1222-(8) individuals receiving day care. 32
1223-(19) Density, residential. The number of dwelling units per unit of land. 33
1224-(20) Development. The construction, reconstruction, conversion, structural alteration, 34
1225-
1226-
1227-LC002501/SUB A - Page 34 of 50
1228-relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; 1
1229-or any change in use, or alteration or extension of the use, of land. 2
1230-(21) Development plan review. The process whereby authorized, local officials review the 3
1231-site plans, maps, and other documentation of a development to determine the compliance with the 4
1232-stated purposes and standards of the ordinance. See §§ 45-23-32 and 45-23-50. 5
1233-(22) District. See “zoning-use district.” 6
1234-(23) Drainage system. A system for the removal of water from land by drains, grading, or 7
1235-other appropriate means. These techniques may include runoff controls to minimize erosion and 8
1236-sedimentation during and after construction or development; the means for preserving surface and 9
1237-groundwaters; and the prevention and/or alleviation of flooding. 10
1238-(24) Dwelling unit. A structure, or portion of a structure, providing complete, independent 11
1239-living facilities for one or more persons, including permanent provisions for living, sleeping, eating, 12
1240-cooking, and sanitation, and containing a separate means of ingress and egress. 13
1241-(25) Extractive industry. The extraction of minerals, including: solids, such as coal and 14
1242-ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes 15
1243-quarrying; well operation; milling, such as crushing, screening, washing, and flotation; and other 16
1244-preparation customarily done at the extraction site or as a part of the extractive activity. 17
1245-(26) Family member. A person, or persons, related by blood, marriage, or other legal 18
1246-means, including, but not limited to, a child, parent, spouse, mother-in-law, father-in-law, 19
1247-grandparents, grandchildren, domestic partner, sibling, care recipient, or member of the household. 20
1248-(27) Floating zone. An unmapped zoning district adopted within the ordinance that is 21
1249-established on the zoning map only when an application for development, meeting the zone 22
1250-requirements, is approved. 23
1251-(28) Floodplains, or Flood hazard area. As defined in § 45-22.2-4. 24
1252-(29) Freeboard. A factor of safety expressed in feet above the base flood elevation of a 25
1253-flood hazard area for purposes of floodplain management. Freeboard compensates for the many 26
1254-unknown factors that could contribute to flood heights, such as wave action, bridge openings, and 27
1255-the hydrological effect of urbanization of the watershed. 28
1256-(30) Groundwater. “Groundwater” and associated terms, as defined in § 46-13.1-3. 29
1257-(31) Halfway house. A residential facility for adults or children who have been 30
1258-institutionalized for criminal conduct and who require a group setting to facilitate the transition to 31
1259-a functional member of society. 32
1260-(32) Hardship. See § 45-24-41. 33
1261-(33) Historic district or historic site. As defined in § 45-22.2-4. 34
1262-
1263-
1264-LC002501/SUB A - Page 35 of 50
1265-(34) Home occupation. Any activity customarily carried out for gain by a resident, 1
1266-conducted as an accessory use in the resident’s dwelling unit. 2
1267-(35) Household. One or more persons living together in a single-dwelling unit, with 3
1268-common access to, and common use of, all living and eating areas and all areas and facilities for 4
1269-the preparation and storage of food within the dwelling unit. The term “household unit” is 5
1270-synonymous with the term “dwelling unit” for determining the number of units allowed within any 6
1271-structure on any lot in a zoning district. An individual household shall consist of any one of the 7
1272-following: 8
1273-(i) A family, which may also include servants and employees living with the family; or 9
1274-(ii) A person or group of unrelated persons living together. The maximum number may be 10
1275-set by local ordinance, but this maximum shall not be less than three (3). 11
1276-(36) Incentive zoning. The process whereby the local authority may grant additional 12
1277-development capacity in exchange for the developer’s provision of a public benefit or amenity as 13
1278-specified in local ordinances. 14
1279-(37) Infrastructure. Facilities and services needed to sustain residential, commercial, 15
1280-industrial, institutional, and other activities. 16
1281-(38) Land-development project. As defined in § 45-23-32. A project in which one or more 17
1282-lots, tracts, or parcels of land are developed or redeveloped as a coordinated site for one or more 18
1283-uses, units, or structures, including, but not limited to, planned development or cluster development 19
1284-for residential, commercial, institutional, recreational, open space, or mixed uses as provided in the 20
1285-zoning ordinance. 21
1286-(39) Lot. Either: 22
1287-(i) The basic development unit for determination of lot area, depth, and other dimensional 23
1288-regulations; or 24
1289-(ii) A parcel of land whose boundaries have been established by some legal instrument, 25
1290-such as a recorded deed or recorded map, and that is recognized as a separate legal entity for 26
1291-purposes of transfer of title. 27
1292-(40) Lot area. The total area within the boundaries of a lot, excluding any street right-of-28
1293-way, usually reported in acres or square feet. 29
1294-(41) Lot area, minimum. The smallest land area established by the local zoning ordinance 30
1295-upon which a use, building, or structure may be located in a particular zoning district. 31
1296-(42) Lot building coverage. That portion of the lot that is, or may be, covered by buildings 32
1297-and accessory buildings. 33
1298-(43) Lot depth. The distance measured from the front lot line to the rear lot line. For lots 34
1299-
1300-
1301-LC002501/SUB A - Page 36 of 50
1302-where the front and rear lot lines are not parallel, the lot depth is an average of the depth. 1
1303-(44) Lot frontage. That portion of a lot abutting a street. A zoning ordinance shall specify 2
1304-how noncontiguous frontage will be considered with regard to minimum frontage requirements. 3
1305-(45) Lot line. A line of record, bounding a lot, that divides one lot from another lot or from 4
1306-a public or private street or any other public or private space and shall include: 5
1307-(i) Front: the lot line separating a lot from a street right-of-way. A zoning ordinance shall 6
1308-specify the method to be used to determine the front lot line on lots fronting on more than one 7
1309-street, for example, corner and through lots; 8
1310-(ii) Rear: the lot line opposite and most distant from the front lot line, or in the case of 9
1311-triangular or otherwise irregularly shaped lots, an assumed line at least ten feet (10′) in length 10
1312-entirely within the lot, parallel to and at a maximum distance from, the front lot line; and 11
1313-(iii) Side: any lot line other than a front or rear lot line. On a corner lot, a side lot line may 12
1314-be a street lot line, depending on requirements of the local zoning ordinance. 13
1315-(46) Lot size, minimum. Shall have the same meaning as “minimum lot area” defined 14
1316-herein. 15
1317-(47) Lot, through. A lot that fronts upon two (2) parallel streets, or that fronts upon two (2) 16
1318-streets that do not intersect at the boundaries of the lot. 17
1319-(48) Lot width. The horizontal distance between the side lines of a lot measured at right 18
1320-angles to its depth along a straight line parallel to the front lot line at the minimum front setback 19
1321-line. 20
1322-(49) Mere inconvenience. See § 45-24-41. 21
1323-(50) Mixed use. A mixture of land uses within a single development, building, or tract. 22
1324-(51) Modification. Permission granted and administered by the zoning enforcement officer 23
1325-of the city or town, and pursuant to the provisions of this chapter to grant a dimensional variance 24
1326-other than lot area requirements from the zoning ordinance to a limited degree as determined by 25
1327-the zoning ordinance of the city or town, but not to exceed twenty-five percent (25%) of each of 26
1328-the applicable dimensional requirements. 27
1329-(52) Nonconformance. A building, structure, or parcel of land, or use thereof, lawfully 28
1330-existing at the time of the adoption or amendment of a zoning ordinance and not in conformity with 29
1331-the provisions of that ordinance or amendment. Nonconformance is of only two (2) types: 30
1332-(i) Nonconforming by use: a lawfully established use of land, building, or structure that is 31
1333-not a permitted use in that zoning district. A building or structure containing more dwelling units 32
1334-than are permitted by the use regulations of a zoning ordinance is nonconformity by use; or 33
1335-(ii) Nonconforming by dimension: a building, structure, or parcel of land not in compliance 34
1336-
1337-
1338-LC002501/SUB A - Page 37 of 50
1339-with the dimensional regulations of the zoning ordinance. Dimensional regulations include all 1
1340-regulations of the zoning ordinance, other than those pertaining to the permitted uses. A building 2
1341-or structure containing more dwelling units than are permitted by the use regulations of a zoning 3
1342-ordinance is nonconforming by use; a building or structure containing a permitted number of 4
1343-dwelling units by the use regulations of the zoning ordinance, but not meeting the lot area per 5
1344-dwelling unit regulations, is nonconforming by dimension. 6
1345-(53) Overlay district. A district established in a zoning ordinance that is superimposed on 7
1346-one or more districts or parts of districts. The standards and requirements associated with an overlay 8
1347-district may be more or less restrictive than those in the underlying districts consistent with other 9
1348-applicable state and federal laws. 10
1349-(54) Performance standards. A set of criteria or limits relating to elements that a particular 11
1350-use or process must either meet or may not exceed. 12
1351-(55) Permitted use. A use by right that is specifically authorized in a particular zoning 13
1352-district. 14
1353-(56) Planned development. A “land-development project,” as defined in subsection (38), 15
1354-and developed according to plan as a single entity and containing one or more structures or uses 16
1355-with appurtenant common areas. 17
1356-(57) Plant agriculture. The growing of plants for food or fiber, to sell or consume. 18
1357-(58) Preapplication conference. A review meeting of a proposed development held between 19
1358-applicants and reviewing agencies as permitted by law and municipal ordinance, before formal 20
1359-submission of an application for a permit or for development approval. 21
1360-(59) Setback line or lines. A line, or lines, parallel to a lot line at the minimum distance of 22
1361-the required setback for the zoning district in which the lot is located that establishes the area within 23
1362-which the principal structure must be erected or placed. 24
1363-(60) Site plan. The development plan for one or more lots on which is shown the existing 25
1364-and/or the proposed conditions of the lot. 26
1365-(61) Slope of land. The grade, pitch, rise, or incline of the topographic landform or surface 27
1366-of the ground. 28
1367-(62) Special use. A regulated use that is permitted pursuant to the special-use permit issued 29
1368-by the authorized governmental entity, pursuant to § 45-24-42. Formerly referred to as a special 30
1369-exception. 31
1370-(63) Structure. A combination of materials to form a construction for use, occupancy, or 32
1371-ornamentation, whether installed on, above, or below the surface of land or water. 33
1372-(64) Substandard lot of record. Any lot lawfully existing at the time of adoption or 34
1373-
1374-
1375-LC002501/SUB A - Page 38 of 50
1376-amendment of a zoning ordinance and not in conformance with the dimensional or area provisions 1
1377-of that ordinance. 2
1378-(65) Use. The purpose or activity for which land or buildings are designed, arranged, or 3
1379-intended, or for which land or buildings are occupied or maintained. 4
1380-(66) Variance. Permission to depart from the literal requirements of a zoning ordinance. 5
1381-An authorization for the construction or maintenance of a building or structure, or for the 6
1382-establishment or maintenance of a use of land, that is prohibited by a zoning ordinance. There are 7
1383-only two (2) categories of variance, a use variance or a dimensional variance. 8
1384-(i) Use variance. Permission to depart from the use requirements of a zoning ordinance 9
1385-where the applicant for the requested variance has shown by evidence upon the record that the 10
1386-subject land or structure cannot yield any beneficial use if it is to conform to the provisions of the 11
1387-zoning ordinance. 12
1388-(ii) Dimensional variance. Permission to depart from the dimensional requirements of a 13
1389-zoning ordinance, where the applicant for the requested relief has shown, by evidence upon the 14
1390-record, that there is no other reasonable alternative way to enjoy a legally permitted beneficial use 15
1391-of the subject property unless granted the requested relief from the dimensional regulations. 16
1392-However, the fact that a use may be more profitable or that a structure may be more valuable after 17
1393-the relief is granted are not grounds for relief. 18
1394-(67) Waters. As defined in § 46-12-1(23). 19
1395-(68) Wetland, coastal. As defined in § 45-22.2-4. 20
1396-(69) Wetland, freshwater. As defined in § 2-1-20. 21
1397-(70) Zoning certificate. A document signed by the zoning-enforcement officer, as required 22
1398-in the zoning ordinance, that acknowledges that a use, structure, building, or lot either complies 23
1399-with, or is legally nonconforming to, the provisions of the municipal zoning ordinance or is an 24
1400-authorized variance or modification therefrom. 25
1401-(71) Zoning map. The map, or maps, that are a part of the zoning ordinance and that 26
1402-delineate the boundaries of all mapped zoning districts within the physical boundary of the city or 27
1403-town. 28
1404-(72) Zoning ordinance. An ordinance enacted by the legislative body of the city or town 29
1405-pursuant to this chapter and in the manner providing for the adoption of ordinances in the city or 30
1406-town’s legislative or home rule charter, if any, that establish regulations and standards relating to 31
1407-the nature and extent of uses of land and structures; that is consistent with the comprehensive plan 32
1408-of the city or town as defined in chapter 22.2 of this title; that includes a zoning map; and that 33
1409-complies with the provisions of this chapter. 34
1410-
1411-
1412-LC002501/SUB A - Page 39 of 50
1413-(73) Zoning-use district. The basic unit in zoning, either mapped or unmapped, to which a 1
1414-uniform set of regulations applies, or a uniform set of regulations for a specified use. Zoning-use 2
1415-districts include, but are not limited to: agricultural, commercial, industrial, institutional, open 3
1416-space, and residential. Each district may include sub-districts. Districts may be combined. 4
1417-45-24-46.4. Special provisions — Unified development review Special provisions -- 5
1418-Unified development review -- Effective January 1, 2024. 6
1419-(a) A zoning ordinance may shall provide that review and approval of decision on 7
1420-dimensional variances, use variances, and/or special-use permits for properties undergoing review 8
1421-which qualifies for unified development review by the planning board or commission as land 9
1422-development or subdivision projects pursuant to § 45-23-36 authorized permitting authority, be 10
1423-conducted and decided by the planning board or commission authorized permitting authority. This 11
1424-process is to be known as unified development review. 12
1425-(b) If unified development review is desired, such review must be enabled within the 13
1426-zoning ordinance, in accordance with this section, and the The local subdivision and land-14
1427-development regulations must be brought into conformance, ordinance and regulation shall provide 15
1428-for the application and review process pursuant to § 45-23-50.1. 16
1429-(c) A zoning ordinance that provides for unified development review shall: 17
1430-(1) Specify which types of zoning approval Empower the planning board or commission 18
1431-shall be empowered authorized permitting authority to grant, grant with conditions or deny zoning 19
1432-relief for which types of projects ; and 20
1433-(2) Provide that any person, group, agency, or corporation that files an application for an 21
1434-included land development or subdivision a project under this section may shall also file specific 22
1435-requests for relief from the literal requirements of a zoning ordinance on the subject property, 23
1436-pursuant to § 45-24-41, and/or for the issuance of special-use permits for the subject property, 24
1437-pursuant to § 45-24-42, by including such within the application to the administrative officer of the 25
1438-planning board or commission with the other required application materials, pursuant to § 45-23-26
1439-50.1(b). 27
1440-(d) A zoning ordinance that provides for unified development review may specify design, 28
1441-use, public benefit, or other relevant criteria that must be met in order for an application to qualify 29
1442-for review under the unified development review provisions of the zoning ordinance. Certification 30
1443-as to whether an application meets the established criteria shall be conducted in conjunction with, 31
1444-and following the time lines outlined for, certification of completeness of the application, pursuant 32
1445-to §§ 45-23-38(c), 45-23-40(b), or 45-23-41(b). 33
1446-(e)(d) All land development and subdivision applications that include requests for 34
1447-
1448-
1449-LC002501/SUB A - Page 40 of 50
1450-variances and/or special-use permits submitted pursuant to this section shall require a public 1
1451-hearing that meets the requirements of §§ 45-23-50.1(b) and 45-23-50.1(c). 2
1452-(f)(e) In granting requests for dimensional and use variances, the planning board or 3
1453-commission authorized permitting authority shall be bound to the requirements of §§ 45-24-41(d) 4
1454-and 45-24-41(e) § 45-24-41 relative to entering evidence into the record in satisfaction of the 5
1455-applicable standards. 6
1456-(g)(f) In reviewing requests for special-use permits, the planning board or commission 7
1457-authorized permitting authority shall be bound to the conditions and procedures under which a 8
1458-special-use permit may be issued and the criteria for the issuance of such permits, as found within 9
1459-the zoning ordinance pursuant to §§ 45-24-42(b)(1), 45-24-42(b)(2) and 45-24-42(b)(3) § 45-24-10
1460-42, and shall be required to provide for the recording of findings of fact and written decisions as 11
1461-described in the zoning ordinance pursuant to § 45-24-42(b)(5) § 45-24-42. 12
1462-(h)(g) An appeal from any decision made pursuant to this section may be taken pursuant to 13
1463-§ 45-23-66 § 45-24-71. 14
1464-45-24-47. Special provisions -- Land development projects Special provisions -- Land 15
1465-development projects -- Effective January 1, 2024. 16
1466-(a) A zoning ordinance may shall provide for land development projects which are projects 17
1467-in which one or more lots, tracts, or parcels of land are to be developed or redeveloped as a 18
1468-coordinated site for a complex of uses, units, or structures, including, but not limited to, planned 19
1469-development and/or cluster development for residential, commercial, institutional, industrial, 20
1470-recreational, open space, and/or mixed uses as may be provided for in the zoning ordinance are 21
1471-defined in § 45-23-32. 22
1472-(b) A zoning ordinance adopted pursuant to this chapter which permits or requires the 23
1473-creation of land development projects in one or more zoning districts shall require that any land 24
1474-development project is referred to the city or town planning board or commission for approval shall 25
1475-be reviewed, in accordance with the procedures established by chapter 23 of this title, including 26
1476-those for appeal and judicial review, and with any ordinances or regulations adopted pursuant to 27
1477-the procedures, whether or not the land development project constitutes a “subdivision”, as defined 28
1478-in chapter 23 of this title. No land development project shall be initiated until a plan of the project 29
1479-has been submitted to the planning board or commission and approval has been granted by the 30
1480-planning board or commission authorized permitting authority. In reviewing, hearing, and deciding 31
1481-upon a land development project, the city or town planning board or commission authorized 32
1482-permitting authority may be empowered to allow zoning incentives within the project; provided, 33
1483-that standards for the adjustments zoning incentives are described in the zoning ordinance, and may 34
1484-
1485-
1486-LC002501/SUB A - Page 41 of 50
1487-be empowered to apply any special conditions and stipulations to the approval that may, in the 1
1488-opinion of the planning board or commission authorized permitting authority, be required to 2
1489-maintain harmony with neighboring uses and promote the objectives and purposes of the 3
1490-comprehensive plan and zoning ordinance. 4
1491-(c) In regulating land development projects, an ordinance adopted pursuant to this chapter 5
1492-may include, but is not limited to, regulations governing the following: 6
1493-(1) A minimum area or site size for a land development project; 7
1494-(2) Uses to be permitted within the development; 8
1495-(3) Ratios of residential to nonresidential uses where applicable; 9
1496-(4) Maximum density per lot and maximum density for the entire development, with; 10
1497-(5) Roads, driveways, utilities, parking, and other facilities; regulations may distinguish 11
1498-between those facilities intended to remain in private ownership or to be dedicated to the public; 12
1499-and 13
1500-(6) Buffer areas, landscaping, screening, and shading. 14
1501-(d) In regulating land development projects, an ordinance adopted pursuant to this chapter 15
1502-shall include provisions for zoning incentives which include the adjustment of applicable lot density 16
1503-and dimensional standards where open space is to be permanently set aside for public or common 17
1504-use, and/or where the physical characteristics, location, or size of the site require an adjustment, 18
1505-and/or where the location, size, and type of housing, commercial, industrial, or other use require an 19
1506-adjustment, and/or where housing for low and moderate income families is to be provided, or where 20
1507-other amenities not ordinarily required are provided, as stipulated in the zoning ordinance. 21
1508-Provision may be made for adjustment of applicable lot density and dimensional standards for 22
1509-payment or donation of other land or facilities in lieu of an on-site provision of an amenity that 23
1510-would, if provided on-site, enable an adjustment; 24
1511-(5) Roads, driveways, utilities, parking, and other facilities; regulations may distinguish 25
1512-between those facilities intended to remain in private ownership or to be dedicated to the public; 26
1513-and 27
1514-(6) Buffer areas, landscaping, screening, and shading. 28
1515-(d)(e)(1) A zoning ordinance requiring open land in a cluster development or other land 29
1516-development project for public or common use, shall provide that such open land either: (i) be 30
1517-conveyed to the city or town and accepted by it for park, open space, agricultural, or other specified 31
1518-use or uses, or (ii) be conveyed to a nonprofit organization, the principal purpose of which is the 32
1519-conservation of open space or resource protection, or (iii) be conveyed to a corporation or trust 33
1520-owned or to be owned by the owners of lots or units within the development, or owners of shares 34
1521-
1522-
1523-LC002501/SUB A - Page 42 of 50
1524-within a cooperative development. If such a corporation or trust is used, ownership shall pass with 1
1525-conveyances of the lots or units, or (iv) remain in private ownership if the use is limited to 2
1526-agriculture, habitat or forestry, and the city or town has set forth in its community comprehensive 3
1527-plan and zoning ordinance that private ownership is necessary for the preservation and management 4
1528-of the agricultural, habitat or forest resources. 5
1529-(2) In any case where the land is not conveyed to the city or town: 6
1530-(i) A restriction, in perpetuity, enforceable by the city or town or by any owner of property 7
1531-in the cluster or other land development project in which the land is located shall be recorded 8
1532-providing that the land is kept in the authorized condition(s) and not built upon or developed for 9
1533-accessory uses such as parking or roadway; and 10
1534-(ii) The developmental rights and other conservation easements on the land may be held, 11
1535-in perpetuity, by a nonprofit organization, the principal purpose of which is the conservation of 12
1536-open space or resource protection. 13
1537-(3) All open space land provided by a cluster development or other land development 14
1538-project shall be subject to a community approved management plan that will specify the permitted 15
1539-uses for the open space. 16
1540-45-24-49. Special provisions — Development plan review Special provisions --17
1541-Development plan review -- Effective January 1, 2024. 18
1542-(a) A zoning ordinance may shall permit development plan review of applications for uses 19
1543-requiring a special-use permit, a variance, a zoning ordinance amendment, and/or a zoning map 20
1544-change. The review shall be conducted by the planning board or commission and shall be advisory 21
1545-to the permitting authority. pursuant to § 45-23-50, (b) A zoning ordinance may permit 22
1546-development plan review of applications for uses that are permitted by right under the zoning 23
1547-ordinance, but the review shall only be based on specific and objective guidelines which must be 24
1548-stated in the zoning ordinance. The review body permitting authority shall also be set forth in and 25
1549-be established by the zoning ordinance. A rejection of the application shall be considered an 26
1550-appealable decision pursuant to § 45-24-64. 27
1551-(b) The permitting authority may grant relief from the zoning ordinance and may grant 28
1552-zoning incentives under specific conditions set forth in the zoning ordinance. 29
1553-(c) Nothing in this subsection shall be construed to permit waivers of any regulations unless 30
1554-approved by the permitting authority pursuant to the local ordinance and this act. 31
1555-45-24-58. Administration -- Application procedure Administration -- Application 32
1556-procedure -- Effective January 1, 2024. 33
1557-The zoning ordinance establishes the various application procedures necessary for the 34
1558-
1559-
1560-LC002501/SUB A - Page 43 of 50
1561-filing of appeals, requests for variances, special-use permits, development plan reviews, site plan 1
1562-reviews, and other applications that may be specified in the zoning ordinance as allowed by this 2
1563-chapter, with the zoning board of review, consistent with the provisions of this chapter. The zoning 3
1564-ordinance provides for the creation of appropriate forms, and for the submission and resubmission 4
1565-requirements, for each type of application required. A zoning ordinance may establish that a time 5
1566-period of a certain number of months is required to pass before a successive similar application 6
1567-may be filed. 7
1568-SECTION 3. Sections 45-23-34, 45-23-40, 45-23-41, 45-23-43, 45-23-49, 45-23-66, 45-8
1569-23-68, 45-23-69 and 45-23-70 of the General Laws in Chapter 45-23 entitled "Subdivision of Land" 9
1570-are hereby repealed as of January 1, 2024. 10
1571-45-23-34. General provisions — Definitions. 11
1572-Local regulations adopted pursuant to this chapter shall provide definitions for words or 12
1573-phrases contained in the regulations as is deemed appropriate. Where words or phrases used in any 13
1574-local regulations, whether or not defined in those regulations, are substantially similar to words or 14
1575-phrases defined in § 45-23-32 of this chapter, or § 45-22.2-4 of the Comprehensive Planning and 15
1576-Land Use Act or § 45-24-31 of the Zoning Enabling Act of 1991 the words or phrases shall be 16
1577-construed according to the definitions provided in those sections of the law. 17
1578-45-23-40. General provisions — Major land development and major subdivision — 18
1579-Master plan. 19
1580-(a) Submission requirements. 20
1581-(1) The applicant shall first submit to the administrative officer the items required by the 21
1582-local regulations for master plans. 22
1583-(2) Requirements for the master plan and supporting material for this phase of review 23
1584-include, but are not limited to: information on the natural and built features of the surrounding 24
1585-neighborhood, existing natural and man-made conditions of the development site, including 25
1586-topographic features, the freshwater wetland and coastal zone boundaries, the floodplains, as well 26
1587-as the proposed design concept, proposed public improvements and dedications, tentative 27
1588-construction phasing; and potential neighborhood impacts. 28
1589-(3) Initial comments will be solicited from: 29
1590-(i) Local agencies including, but not limited to, the planning department, the department of 30
1591-public works, fire and police departments, the conservation and recreation commissions; 31
1592-(ii) Adjacent communities; 32
1593-(iii) State agencies, as appropriate, including the departments of environmental 33
1594-management and transportation and the coastal resources management council; and 34
1595-
1596-
1597-LC002501/SUB A - Page 44 of 50
1598-(iv) Federal agencies, as appropriate. The administrative officer shall coordinate review 1
1599-and comments by local officials, adjacent communities, and state and federal agencies. 2
1600-(4) Requests for relief from the literal requirements of the zoning ordinance and/or for the 3
1601-issuance of special-use permits related to major subdivisions and/or major land-development 4
1602-projects that are submitted under a zoning ordinance’s unified development review provisions shall 5
1603-be included as part of the master plan application, pursuant to § 45-23-50.1(b). 6
1604-(b) Certification. The application must be certified, in writing, complete or incomplete by 7
1605-the administrative officer within twenty-five (25) days, according to the provisions of § 45-23-8
1606-36(b). The running of the time period set forth herein will be deemed stopped upon the issuance of 9
1607-a certificate of incompleteness of the application by the administrative officer and will recommence 10
1608-upon the resubmission of a corrected application by the applicant. However, in no event will the 11
1609-administrative officer be required to certify a corrected submission as complete or incomplete less 12
1610-than ten (10) days after its resubmission. 13
1611-(c) Technical review committee. The technical review committee, if established, shall 14
1612-review the application and shall comment and make recommendations to the planning board. 15
1613-(d) Informational meeting. 16
1614-(1) A public informational meeting will be held prior to the planning board decision on the 17
1615-master plan, unless the master plan and preliminary plan approvals are being combined, in which 18
1616-case the public informational meeting is optional, based upon planning board determination, or 19
1617-unified development review has been requested, in which case a public hearing shall be held 20
1618-pursuant to § 45-23-50.1(b). 21
1619-(2) Public notice for the informational meeting is required and must be given at least seven 22
1620-(7) days prior to the date of the meeting in a newspaper of general circulation within the 23
1621-municipality. Postcard notice must be mailed to the applicant and to all property owners within the 24
1622-notice area, as specified by local regulations. 25
1623-(3) At the public informational meeting, the applicant will present the proposed 26
1624-development project. The planning board must allow oral and written comments from the general 27
1625-public. All public comments are to be made part of the public record of the project application. 28
1626-(e) Decision. The planning board shall, within ninety (90) days of certification of 29
1627-completeness, or within a further amount of time that may be consented to by the applicant through 30
1628-the submission of a written waiver, approve of the master plan as submitted, approve with changes 31
1629-and/or conditions, or deny the application, according to the requirements of §§ 45-23-60 and 45-32
1630-23-63. 33
1631-(f) Failure to act. Failure of the planning board to act within the prescribed period 34
1632-
1633-
1634-LC002501/SUB A - Page 45 of 50
1635-constitutes approval of the master plan, and a certificate of the administrative officer as to the failure 1
1636-of the planning board to act within the required time and the resulting approval will be issued on 2
1637-request of the applicant. 3
1638-(g) Vesting. 4
1639-(1) The approved master plan is vested for a period of two (2) years, with the right to extend 5
1640-for two (2), one-year extensions upon written request by the applicant, who must appear before the 6
1641-planning board for the annual review. Thereafter, vesting may be extended for a longer period, for 7
1642-good cause shown, if requested by the applicant, in writing, and approved by the planning board. 8
1643-Master plan vesting includes the zoning requirements, conceptual layout, and all conditions shown 9
1644-on the approved master plan drawings and supporting materials. 10
1645-(2) The initial four-year (4) vesting for the approved master plan constitutes the vested 11
1646-rights for the development as required in § 45-24-44. 12
1647-45-23-41. General provisions — Major land development and major subdivision — 13
1648-Preliminary plan. 14
1649-(a) Submission requirements. 15
1650-(1) The applicant shall first submit to the administrative officer the items required by the 16
1651-local regulations for preliminary plans. 17
1652-(2) Requirements for the preliminary plan and supporting materials for this phase of the 18
1653-review include, but are not limited to: engineering plans depicting the existing site conditions, 19
1654-engineering plans depicting the proposed development project, a perimeter survey, all permits 20
1655-required by state or federal agencies prior to commencement of construction, including permits 21
1656-related to freshwater wetlands, the coastal zone, floodplains, preliminary suitability for individual 22
1657-septic disposal systems, public water systems, and connections to state roads. 23
1658-(3) At the preliminary plan review phase, the administrative officer shall solicit final, 24
1659-written comments and/or approvals of the department of public works, the city or town engineer, 25
1660-the city or town solicitor, other local government departments, commissions, or authorities as 26
1661-appropriate. 27
1662-(4) Prior to approval of the preliminary plan, copies of all legal documents describing the 28
1663-property, proposed easements, and rights-of-way. 29
1664-(5) If the applicant is requesting alteration of any variances and/or special-use permits 30
1665-granted by the planning board or commission at the master plan stage of review pursuant to adopted 31
1666-unified development review provisions, and/or any new variances and/or special-use permits, such 32
1667-requests and all supporting documentation shall be included as part of the preliminary plan 33
1668-application materials, pursuant to § 45-23-50.1(b). 34
1669-
1670-
1671-LC002501/SUB A - Page 46 of 50
1672-(b) Certification. The application will be certified as complete or incomplete by the 1
1673-administrative officer within twenty-five (25) days, according to the provisions of § 45-23-36(b). 2
1674-The running of the time period set forth herein will be deemed stopped upon the issuance of a 3
1675-certificate of incompleteness of the application by the administrative officer and will recommence 4
1676-upon the resubmission of a corrected application by the applicant. However, in no event shall the 5
1677-administrative officer be required to certify a corrected submission as complete or incomplete less 6
1678-than ten (10) days after its resubmission. 7
1679-(c) Technical review committee. The technical review committee, if established, shall 8
1680-review the application and shall comment and make recommendations to the planning board. 9
1681-(d) Public hearing. Prior to a planning board decision on the preliminary plan, a public 10
1682-hearing, which adheres to the requirements for notice described in § 45-23-42, must be held. 11
1683-(e) Public improvement guarantees. Proposed arrangements for completion of the required 12
1684-public improvements, including construction schedule and/or financial guarantees, shall be 13
1685-reviewed and approved by the planning board at preliminary plan approval. 14
1686-(f) Decision. A complete application for a major subdivision or development plan shall be 15
1687-approved, approved with conditions, or denied, in accordance with the requirements of §§ 45-23-16
1688-60 and 45-23-63, within ninety (90) days of the date when it is certified complete, or within a 17
1689-further amount of time that may be consented to by the developer through the submission of a 18
1690-written waiver. 19
1691-(g) Failure to act. Failure of the planning board to act within the prescribed period 20
1692-constitutes approval of the preliminary plan and a certificate of the administrative officer as to the 21
1693-failure of the planning board to act within the required time and the resulting approval shall be 22
1694-issued on request of the applicant. 23
1695-(h) Vesting. The approved preliminary plan is vested for a period of two (2) years with the 24
1696-right to extend for two (2), one-year extensions upon written request by the applicant, who must 25
1697-appear before the planning board for each annual review and provide proof of valid state or federal 26
1698-permits as applicable. Thereafter, vesting may be extended for a longer period, for good cause 27
1699-shown, if requested, in writing by the applicant, and approved by the planning board. The vesting 28
1700-for the preliminary plan approval includes all general and specific conditions shown on the 29
1701-approved preliminary plan drawings and supporting material. 30
1702-45-23-43. General provisions — Major land development and major subdivision — 31
1703-Final plan. 32
1704-(a) Submission requirements. 33
1705-(1) The applicant shall submit to the administrative officer the items required by the local 34
1706-
1707-
1708-LC002501/SUB A - Page 47 of 50
1709-regulations for the final plan, as well as all material required by the planning board when the 1
1710-application was given preliminary approval. 2
1711-(2) Arrangements for completion of the required public improvements, including 3
1712-construction schedule and/or financial guarantees. 4
1713-(3) Certification by the tax collector that all property taxes are current. 5
1714-(4) For phased projects, the final plan for phases following the first phase, shall be 6
1715-accompanied by copies of as-built drawings not previously submitted of all existing public 7
1716-improvements for prior phases. 8
1717-(b) Certification. The application for final plan approval shall be certified complete or 9
1718-incomplete by the administrative officer in writing, within twenty-five (25) days, according to the 10
1719-provisions of § 45-23-36(b). This time period may be extended to forty-five (45) days by written 11
1720-notice from the administrative officer to the applicant where the final plans contain changes to or 12
1721-elements not included in the preliminary plan approval. The running of the time period set forth 13
1722-herein shall be deemed stopped upon the issuance of a certificate of incompleteness of the 14
1723-application by the administrative officer and shall recommence upon the resubmission of a 15
1724-corrected application by the applicant. However, in no event shall the administrative officer be 16
1725-required to certify a corrected submission as complete or incomplete less than fourteen (14) days 17
1726-after its resubmission. If the administrative officer certifies the application as complete and does 18
1727-not require submission to the planning board as per subsection (c) below, the final plan shall be 19
1728-considered approved. 20
1729-(c) Referral to the planning board. If the administrative officer determines that an 21
1730-application for final approval does not meet the requirements set by local regulations or by the 22
1731-planning board at preliminary approval, the administrative officer shall refer the final plans to the 23
1732-planning board for review. The planning board shall, within forty-five (45) days after the 24
1733-certification of completeness, or within a further amount of time that may be consented to by the 25
1734-applicant, approve or deny the final plan as submitted. 26
1735-(d) Failure to act. Failure of the planning board to act within the prescribed period 27
1736-constitutes approval of the final plan and a certificate of the administrative officer as to the failure 28
1737-of the planning board to act within the required time and the resulting approval shall be issued on 29
1738-request of the applicant. 30
1739-(e) Expiration of approval. The final approval of a major subdivision or land development 31
1740-project expires one year from the date of approval with the right to extend for one year upon written 32
1741-request by the applicant, who must appear before the planning board for the annual review, unless, 33
1742-within that period, the plat or plan has been submitted for signature and recording as specified in § 34
1743-
1744-
1745-LC002501/SUB A - Page 48 of 50
1746-45-23-64. Thereafter, the planning board may, for good cause shown, extend the period for 1
1747-recording for an additional period. 2
1748-(f) Acceptance of public improvements. Signature and recording as specified in § 45-23-3
1749-64 constitute the acceptance by the municipality of any street or other public improvement or other 4
1750-land intended for dedication. Final plan approval shall not impose any duty upon the municipality 5
1751-to maintain or improve those dedicated areas until the governing body of the municipality accepts 6
1752-the completed public improvements as constructed in compliance with the final plans. 7
1753-(g) Validity of recorded plans. The approved final plan, once recorded, remains valid as 8
1754-the approved plan for the site unless and until an amendment to the plan is approved under the 9
1755-procedure stated in § 45-23-65, or a new plan is approved by the planning board. 10
1756-45-23-49. Special provisions — Land development projects. 11
1757-(a) If municipalities provide for land development projects, as defined in § 45-24-47 of the 12
1758-Rhode Island Zoning Enabling Act of 1991, the projects are subject to the local regulations. 13
1759-(b) In these instances, the local regulations must include all requirements, procedures and 14
1760-standards necessary for proper review and approval of land development projects to ensure 15
1761-consistency with the intent and purposes of this chapter and with § 45-24-47 of the Rhode Island 16
1762-Zoning Enabling Act of 1991. 17
1763-45-23-66. Appeals — Right of appeal. 18
1764-(a) Local regulations adopted pursuant to this chapter shall provide that an appeal from any 19
1765-decision of the planning board, or administrative officer charged in the regulations with 20
1766-enforcement of any provisions, except as provided in this section, may be taken to the board of 21
1767-appeal by an aggrieved party. Appeals from a decision granting or denying approval of a final plan 22
1768-shall be limited to elements of the approval or disapproval not contained in the decision reached by 23
1769-the planning board at the preliminary stage, providing that a public hearing has been held on the 24
1770-plan pursuant to § 45-23-42. 25
1771-(b) Local regulations adopted pursuant to this chapter shall provide that an appeal from a 26
1772-decision of the board of appeal may be taken by an aggrieved party to the superior court for the 27
1773-county in which the municipality is situated. 28
1774-45-23-68. Appeals — Stay of proceedings. 29
1775-An appeal stays all proceedings in furtherance of the action being appealed. 30
1776-45-23-69. Appeals — Public hearing. 31
1777-(a) The board of appeal shall hold a public hearing on the appeal within forty-five (45) days 32
1778-of the receipt of the appeal, give public notice of the hearing, as well as due notice to the parties of 33
1779-interest. At the hearing any party may appear in person, or be represented by an agent or attorney. 34
1780-
1781-
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1783-The board shall render a decision within ten (10) days of the close of the public hearing. The cost 1
1784-of any notice required for the hearing shall be borne by the applicant. 2
1785-(b) The board of appeal shall only hear appeals of the actions of a planning board or 3
1786-administrative officer at a meeting called especially for the purpose of hearing the appeals and 4
1787-which has been so advertised. 5
1788-(c) The hearing, which may be held on the same date and at the same place as a meeting of 6
1789-the zoning board of review, must be held as a separate meeting from any zoning board of review 7
1790-meeting. Separate minutes and records of votes as required by § 45-23-70(d) shall be maintained 8
1791-by the board of appeal. 9
1792-45-23-70. Appeals — Standards of review. 10
1793-(a) As established by this chapter, in instances of a board of appeal’s review of a planning 11
1794-board or administrative officer’s decision on matters subject to this chapter, the board of appeal 12
1795-shall not substitute its own judgment for that of the planning board or the administrative officer but 13
1796-must consider the issue upon the findings and record of the planning board or administrative officer. 14
1797-The board of appeal shall not reverse a decision of the planning board or administrative officer 15
1798-except on a finding of prejudicial procedural error, clear error, or lack of support by the weight of 16
1799-the evidence in the record. 17
1800-(b) The concurring vote of three (3) of the five (5) members of the board of appeal sitting 18
1801-at a hearing, is necessary to reverse any decision of the planning board or administrative officer. 19
1802-(c) In the instance where the board of appeal overturns a decision of the planning board or 20
1803-administrative officer, the proposed project application is remanded to the planning board or 21
1804-administrative officer, at the stage of processing from which the appeal was taken, for further 22
1805-proceedings before the planning board or administrative officer and/or for the final disposition, 23
1806-which shall be consistent with the board of appeal’s decision. 24
1807-(d) The board of appeal shall keep complete records of all proceedings including a record 25
1808-of all votes taken, and shall put all decisions on appeals in writing. The board of appeal shall include 26
1809-in the written record the reasons for each decision. 27
1810-SECTION 4. This act shall take effect on January 1, 2024. 28
1116+LC002501 - Page 31 of 32
1117+45-23-69. Appeals — Public hearing. 1
1118+(a) The board of appeal shall hold a public hearing on the appeal within forty-five (45) days 2
1119+of the receipt of the appeal, give public notice of the hearing, as well as due notice to the parties of 3
1120+interest. At the hearing any party may appear in person, or be represented by an agent or attorney. 4
1121+The board shall render a decision within ten (10) days of the close of the public hearing. The cost 5
1122+of any notice required for the hearing shall be borne by the applicant. 6
1123+(b) The board of appeal shall only hear appeals of the actions of a planning board or 7
1124+administrative officer at a meeting called especially for the purpose of hearing the appeals and 8
1125+which has been so advertised. 9
1126+(c) The hearing, which may be held on the same date and at the same place as a meeting of 10
1127+the zoning board of review, must be held as a separate meeting from any zoning board of review 11
1128+meeting. Separate minutes and records of votes as required by § 45-23-70(d) shall be maintained 12
1129+by the board of appeal. 13
1130+45-23-70. Appeals — Standards of review. 14
1131+(a) As established by this chapter, in instances of a board of appeal’s review of a planning 15
1132+board or administrative officer’s decision on matters subject to this chapter, the board of appeal 16
1133+shall not substitute its own judgment for that of the planning board or the administrative officer but 17
1134+must consider the issue upon the findings and record of the planning board or administrative officer. 18
1135+The board of appeal shall not reverse a decision of the planning board or administrative officer 19
1136+except on a finding of prejudicial procedural error, clear error, or lack of support by the weight of 20
1137+the evidence in the record. 21
1138+(b) The concurring vote of three (3) of the five (5) members of the board of appeal sitting 22
1139+at a hearing, is necessary to reverse any decision of the planning board or administrative officer. 23
1140+(c) In the instance where the board of appeal overturns a decision of the planning board or 24
1141+administrative officer, the proposed project application is remanded to the planning board or 25
1142+administrative officer, at the stage of processing from which the appeal was taken, for further 26
1143+proceedings before the planning board or administrative officer and/or for the final disposition, 27
1144+which shall be consistent with the board of appeal’s decision. 28
1145+(d) The board of appeal shall keep complete records of all proceedings including a record 29
1146+of all votes taken, and shall put all decisions on appeals in writing. The board of appeal shall include 30
1147+in the written record the reasons for each decision. 31
1148+SECTION 4. This act shall take effect on January 1, 2024. 32
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18141152
18151153
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18171155 EXPLANATION
18181156 BY THE LEGISLATIVE COUNCIL
18191157 OF
18201158 A N A C T
18211159 RELATING TO TOWNS AN D CITIES -- SUBDIVISION OF LAND
18221160 ***
18231161 This act would amend the provisions relative to the subdivision of land and the application 1
18241162 process requesting relief from zoning ordinances and the review process thereof. 2
1825-This act would take effect on January 1, 2024 3
1163+This act would take effect on January 1, 2024. 3
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18291167