RI
Rhode Island House Bill H5794

Rhode Island 2025 Regular Session

Rhode Island House Bill H5794 Compare Versions

OldNewDifferences
11
22
33
44
5-2025 -- H 5794 SUBSTITUTE A
5+2025 -- H 5794
66 ========
7-LC002154/SUB A
7+LC002154
88 ========
99 S T A T E O F R H O D E I S L A N D
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2025
1212 ____________
1313
1414 A N A C T
1515 RELATING TO TOWNS AN D CITIES -- LOCAL PLANNING BOARD OR COMMISSION
16-Introduced By: Representatives Craven, Speakman, Spears, Noret, McEntee, Bennett,
17-Solomon, Casimiro, Fogarty, and Casey
16+Introduced By: Representative Robert E. Craven
1817 Date Introduced: February 27, 2025
1918 Referred To: House Judiciary
2019
2120
2221 It is enacted by the General Assembly as follows:
2322 SECTION 1. Section 45-22-7 of the General Laws in Chapter 45-22 entitled "Local 1
2423 Planning Board or Commission" is hereby amended to read as follows: 2
2524 45-22-7. Powers and duties of a planning board or commission. 3
2625 (a) A planning board or commission shall have the sole responsibility for performing all 4
2726 those acts necessary to prepare a comprehensive plan for a municipality in accordance with the 5
2827 provisions of chapter 22.2 of this title. 6
2928 (b) Pursuant to § 45-23-51, a planning board or commission shall be empowered by the 7
3029 city or town council, by ordinance, to adopt, modify, and amend regulations and rules governing 8
3130 land-development and subdivision projects within that municipality and to control land-9
3231 development and subdivision projects pursuant to those regulations and rules. The planning board 10
3332 or commission shall also provide for the administration, interpretation, and enforcement of land-11
3433 development and subdivision review regulations, pursuant to § 45-23-52. 12
3534 (c) When directed by the city or town zoning ordinance pursuant to § 45-24-46.4 and or 13
3635 the city or town land development and subdivision review regulations pursuant to § 45-23-50.1, a 14
3736 planning board or commission shall have the power to review and approve, approve with 15
3837 conditions, or deny requests for variances and special-use permits submitted as part of land-16
3938 development and subdivision applications or development plan review. 17
4039 (d) A planning board or commission established under the provisions of this chapter shall 18
4140 make studies and prepare plans and reports on the needs and resources of the community with 19
4241
4342
44-LC002154/SUB A - Page 2 of 32
43+LC002154 - Page 2 of 30
4544 reference to its physical, economic, and social growth and development as affecting the health, 1
4645 safety, morals, and general welfare of the people. The studies, plans, and reports shall concern, but 2
4746 not necessarily be limited to, the following: 3
4847 (1) Land use and land-use regulation; 4
4948 (2) Transportation facilities; 5
5049 (3) Public facilities, including recreation areas, utilities, schools, fire stations, police 6
5150 stations, and others; 7
5251 (4) Blighted areas, including the designation of general areas for redevelopment, renewal, 8
5352 rehabilitation, or conservation; 9
5453 (5) Problems of housing and the development of housing programs; 10
5554 (6) Environmental protection; 11
5655 (7) Natural resource conservation; 12
5756 (8) Protection from disaster; 13
5857 (9) Economic and social characteristics of the population; 14
5958 (10) Preservation of historic sites and buildings; and 15
6059 (11) Economic development. 16
6160 (e) When directed by the city or town council or by the appointing authority, a planning 17
6261 board or commission shall prepare an annual capital budget and a comprehensive, long-range 18
6362 capital-improvement program for submission to the council, the appointing authority, or other 19
6463 designated official or agency. 20
6564 (f) A planning board or commission shall submit an advisory opinion and recommendation 21
6665 on all zoning matters referred to it by the zoning board of review under the provisions of the city 22
6766 or town zoning ordinance and report on any other matter referred to it, by the city or town council, 23
6867 the chief executive, or the appointing authority. 24
6968 (g) A planning board or commission shall perform any other duties that may be assigned 25
7069 to the board or commission, from time to time, by any act of the general assembly or by any 26
7170 ordinance, code, regulation order, or resolution of the city or town council or by the appointing 27
7271 authority. 28
7372 (h) A planning board or commission has authority to call upon other departments, boards, 29
7473 and committees of the city or town and upon regional, state, and federal agencies for information 30
7574 and assistance necessary to the performance of its duties, and shall cooperate with the city or town, 31
7675 regional, state, and federal agencies on matters of community, regional, and state planning and 32
7776 development. 33
7877 (i) Each planning board or commission must adopt a provision requiring any person who 34
7978
8079
81-LC002154/SUB A - Page 3 of 32
80+LC002154 - Page 3 of 30
8281 will be required to file a request for access pursuant to § 24-8-34 to file that request not later than 1
8382 the day on which that person files any document in connection with the project in question with the 2
8483 applicable town or city, and to provide a copy of the request to the town or city. 3
8584 (j) Each member of a planning board or commission shall participate in training and 4
8685 education classes concerning the effects of development in a flood plain and the effects of sea-level 5
8786 rise once every two (2) years pursuant to chapter 70 of this title entitled “Continuing education for 6
8887 local planning and zoning boards and historic district commissions” which requires annual 7
8988 continuing education and biennial education components. 8
90-SECTION 2. Section 45-22.2-8 of the General Laws in Chapter 45-22.2 entitled "Rhode 9
91-Island Comprehensive Planning and Land Use Act" is hereby amended to read as follows: 10
92-45-22.2-8. Preparation, adoption, and amendments of comprehensive plans. 11
93-(a) The preparation of a comprehensive plan shall be conducted according to the following 12
94-provisions in addition to any other provision that may be required by law: 13
95-(1) In addition to the duties established by chapter 22 of this title, local planning board or 14
96-commission, to the extent that those provisions do not conflict with the requirements of this chapter, 15
97-a planning board or commission has the sole responsibility for performing all those acts necessary 16
98-to prepare a comprehensive plan for a municipality. 17
99-(2) Municipalities that choose to conduct joint planning and regulatory programs pursuant 18
100-to this section shall designate and establish a local planning committee that has responsibility for 19
101-the comprehensive planning program. 20
102-(3) The conduct of the planning board, commission, or the local planning committee shall 21
103-include: 22
104-(i) Preparation of the comprehensive plan, including the implementation program 23
105-component. 24
106-(ii) Citizen participation through the dissemination of information to the public and 25
107-solicitation of both written and oral comments during the preparation of the plan. 26
108-(iii) Conducting a minimum of one public hearing. 27
109-(iv) Submission of recommendations to the municipal legislative body regarding the 28
110-adoption of the plan or amendment. 29
111-(4) The municipality may enter into a formal written agreement with the chief to conduct 30
112-a review of a draft plan or amendment in order to provide comments prior to the public hearing by 31
113-the planning board, commission, or committee. 32
114-(b) The adoption or amendment of a comprehensive plan shall be conducted according to 33
115-the following provisions in addition to any other provision that may be required by law: 34
89+SECTION 2. Sections 45-23-32, 45-23-35, 45-23-36, 45-23-39, 45-23-57, 45-23-60 and 9
90+45-23-71 of the General Laws in Chapter 45-23 entitled "Subdivision of Land" are hereby amended 10
91+to read as follows: 11
92+45-23-32. Definitions. 12
93+Where words or phrases used in this chapter are defined in the definitions section of either 13
94+the Rhode Island Comprehensive Planning and Land Use Regulation Act, § 45-22.2-4, or the Rhode 14
95+Island Zoning Enabling Act of 1991, § 45-24-31, they have the meanings stated in those acts. 15
96+Additional words and phrases may be defined in local ordinances, regulations, and rules under this 16
97+act in a manner that does not conflict or alter the terms or mandates in this act, the Rhode Island 17
98+Comprehensive Planning and Land Use Regulation Act § 45-22.2-4, and the Rhode Island Zoning 18
99+Enabling Act of 1991. The words and phrases defined in this section, however, shall be controlling 19
100+in all local ordinances, regulations, and rules created under this chapter. In addition, the following 20
101+words and phrases have the following meanings: 21
102+(1) Administrative officer. The municipal official(s) designated by the local regulations 22
103+to administer the land development and subdivision regulations to review and approve qualified 23
104+applications and/or coordinate with local boards and commissions, municipal staff, and state 24
105+agencies as set forth herein. The administrative officer may be a member, or the chair, of the 25
106+planning board, an employee of the municipal planning or zoning departments, or an appointed 26
107+official of the municipality. See § 45-23-55. 27
108+(2) Board of appeal. The local review authority for appeals of actions of the administrative 28
109+officer, which shall be the local zoning board of review constituted as the board of appeal. See § 29
110+45-23-57. 30
111+(3) Bond. See improvement guarantee. 31
112+(4) Buildable lot. A lot where construction for the use(s) permitted on the site under the 32
113+local zoning ordinance is considered practicable by the planning board, considering the physical 33
114+constraints to development of the site as well as the requirements of the pertinent federal, state, and 34
116115
117116
118-LC002154/SUB A - Page 4 of 32
119-(1) Prior to the adoption or amendment of a comprehensive plan, the city or town council 1
120-shall first conduct a minimum of one public hearing. 2
121-(2) A comprehensive plan is adopted, for the purpose of conforming municipal land use 3
122-decisions and for the purpose of being transmitted to the chief for state review, when it has been 4
123-incorporated by reference into the municipal code of ordinances by the legislative body of the 5
124-municipality. All ordinances dealing with the adoption of or amendment to a municipal 6
125-comprehensive plan shall contain language stating that the comprehensive plan ordinance or 7
126-amendment shall not become effective for the purposes of guiding state agency actions until it is 8
127-approved by the State of Rhode Island pursuant to the methods stated in this chapter, or pursuant 9
128-to any rules and regulations adopted pursuant to this chapter. The comprehensive plan of a 10
129-municipality shall not take effect for purposes of guiding state agency actions until approved by 11
130-the chief or the Rhode Island superior court. 12
131-(3) A municipality may not amend its comprehensive plan more than four (4) times in any 13
132-one calendar year. Amendments that are required to address the findings of the chief, changes to 14
133-the state guide plan, or changes to this act, or changes which allow for an increase in new housing 15
134-units shall not be included under this provision. 16
135-(c) The intent of this section is to provide for the dissemination and discussion of proposals 17
136-and alternatives to the proposed comprehensive plan by means of either individual or joint 18
137-legislative and planning commission hearings which disseminate information to the public and 19
138-which seek both written and oral comments from the public. Public hearing requirements for either 20
139-joint hearings or for individual hearings of the planning board or commission and for the municipal 21
140-legislative body shall include the following: 22
141-(1) Prior to the adoption of, or amendment to, a comprehensive plan, notice shall be given 23
142-of the public hearing by publication of notice in a newspaper of local circulation within the city or 24
143-town at least once each week for three (3) successive weeks prior to the date of the hearing, which 25
144-may include the week in which the hearing is to be held, at which hearing opportunity shall be 26
145-given to all persons interested to be heard. The same notice shall be posted in the town or city 27
146-clerk’s office and one other municipal building in the municipality and the municipality must make 28
147-the notice accessible on the municipal home page of its website at least fourteen (14) days prior to 29
148-the hearing. The notice shall be mailed to the statewide planning program of the department of 30
149-administration at least fourteen (14) days prior to the hearing. The notice shall: 31
150-(i) Specify the place of the hearing and the date and time of its commencement; 32
151-(ii) Indicate that adoption of, or amendment to, the comprehensive plan is under 33
152-consideration; 34
117+LC002154 - Page 4 of 30
118+local regulations. See § 45-23-60(a)(4). 1
119+(5) Certificate of completeness. A notice issued by the administrative officer informing 2
120+an applicant that the application is complete and meets the requirements of the municipality’s 3
121+regulations, and that the applicant may proceed with the review process. 4
122+(6) Concept plan. A drawing with accompanying information showing the basic elements 5
123+of a proposed land development plan or subdivision as used for pre-application meetings and early 6
124+discussions, and classification of the project within the approval process. 7
125+(7) Consistency with the comprehensive plan. A requirement of all local land use 8
126+regulations which means that all these regulations and subsequent actions are in accordance with 9
127+the public policies arrived at through detailed study and analysis and adopted by the municipality 10
128+as the comprehensive community plan as specified in § 45-22.2-3. 11
129+(8) Dedication, fee-in-lieu-of. Payments of cash that are authorized in the local regulations 12
130+when requirements for mandatory dedication of land are not met because of physical conditions of 13
131+the site or other reasons. The conditions under which the payments will be allowed and all formulas 14
132+for calculating the amount shall be specified in advance in the local regulations. See § 45-23-47. 15
133+(9) Development plan review. Design or site plan review of a development of a permitted 16
134+use. A municipality may utilize development plan review under limited circumstances to encourage 17
135+development to comply with design and/or performance standards of the community under specific 18
136+and objective guidelines, for the following categories of developments: 19
137+(i) A change in use at the property where no extensive construction of improvements is 20
138+sought; 21
139+(ii) An adaptive reuse project located in a commercial zone where no extensive exterior 22
140+construction of improvements is sought; 23
141+(iii) An adaptive reuse project located in a residential zone that results in less than nine (9) 24
142+residential units; 25
143+(iv) Development in a designated urban or growth center; or 26
144+(v) Institutional development for educational or hospital facilities. 27
145+(vi) [Deleted by P.L. 2024, ch. 292, § 1 and P.L. 2024, ch. 293, § 1.] 28
146+(10) Development regulation. Zoning, subdivision, land development plan, development 29
147+plan review, historic district, official map, flood plain regulation, soil erosion control, or any other 30
148+governmental regulation of the use and development of land. 31
149+(11) Division of land. A subdivision. 32
150+(12) Environmental constraints. Natural features, resources, or land characteristics that 33
151+are sensitive to change and may require conservation measures or the application of special 34
153152
154153
155-LC002154/SUB A - Page 5 of 32
156-(iii) Contain a statement of the proposed amendments to the comprehensive plan that may 1
157-be printed once in its entirety, or summarize and describe the matter under consideration; the plan 2
158-need not be published in its entirety; 3
159-(iv) Advise those interested where and when a copy of the matter under consideration may 4
160-be obtained or examined and copied; and 5
161-(v) State that the plan or amendment may be altered or amended prior to the close of the 6
162-public hearing without further advertising, as a result of further study or because of the views 7
163-expressed at the public hearing. Any alteration or amendment must be presented for comment in 8
164-the course of the hearing. 9
165-SECTION 3. Sections 45-23-32, 45-23-35, 45-23-36, 45-23-39, 45-23-57, 45-23-60 and 10
166-45-23-71 of the General Laws in Chapter 45-23 entitled "Subdivision of Land" are hereby amended 11
167-to read as follows: 12
168-45-23-32. Definitions. 13
169-Where words or phrases used in this chapter are defined in the definitions section of either 14
170-the Rhode Island Comprehensive Planning and Land Use Regulation Act, § 45-22.2-4, or the Rhode 15
171-Island Zoning Enabling Act of 1991, § 45-24-31, they have the meanings stated in those acts. 16
172-Additional words and phrases may be defined in local ordinances, regulations, and rules under this 17
173-act in a manner that does not conflict or alter the terms or mandates in this act, the Rhode Island 18
174-Comprehensive Planning and Land Use Regulation Act § 45-22.2-4, and the Rhode Island Zoning 19
175-Enabling Act of 1991. The words and phrases defined in this section, however, shall be controlling 20
176-in all local ordinances, regulations, and rules created under this chapter. In addition, the following 21
177-words and phrases have the following meanings: 22
178-(1) Administrative officer. The municipal official(s) designated by the local regulations 23
179-to administer the land development and subdivision regulations to review and approve qualified 24
180-applications and/or coordinate with local boards and commissions, municipal staff, and state 25
181-agencies as set forth herein. The administrative officer may be a member, or the chair, of the 26
182-planning board, an employee of the municipal planning or zoning departments, or an appointed 27
183-official of the municipality. See § 45-23-55. 28
184-(2) Board of appeal. The local review authority for appeals of actions of the administrative 29
185-officer, which shall be the local zoning board of review constituted as the board of appeal. See § 30
186-45-23-57. 31
187-(3) Bond. See improvement guarantee. 32
188-(4) Buildable lot. A lot where construction for the use(s) permitted on the site under the 33
189-local zoning ordinance is considered practicable by the planning board, considering the physical 34
154+LC002154 - Page 5 of 30
155+development techniques to prevent degradation of the site, or may require limited development, or 1
156+in certain instances, may preclude development. See also physical constraints to development. 2
157+(13) Final plan. The final stage of land development and subdivision review or a formal 3
158+development plan review application. See §§ 45-23-38, 45-23-39, and 45-23-50. 4
159+(14) Final plat. The final drawing(s) of all or a portion of a subdivision to be recorded after 5
160+approval by the planning board and any accompanying material as described in the community’s 6
161+regulations and/or required by the planning board. 7
162+(15) Floor area, gross. See R.I. State Building Code. 8
163+(16) Governing body. The body of the local government, generally the city or town 9
164+council, having the power to adopt ordinances, accept public dedications, release public 10
165+improvement guarantees, and collect fees. 11
166+(17) Improvement. Any natural or built item that becomes part of, is placed upon, or is 12
167+affixed to, real estate. 13
168+(18) Improvement guarantee. A security instrument accepted by a municipality to ensure 14
169+that all improvements, facilities, or work required by the land development and subdivision 15
170+regulations, or required by the municipality as a condition of approval, will be completed in 16
171+compliance with the approved plans and specifications of a development. See § 45-23-46. 17
172+(19) Land development project. A project in which one or more lots, tracts, or parcels of 18
173+land or a portion thereof are developed or redeveloped as a coordinated site for one or more uses, 19
174+units, or structures, including but not limited to, planned development or cluster development for 20
175+residential, commercial, institutional, recreational, open space, or mixed uses. The local regulations 21
176+shall include all requirements, procedures, and standards necessary for proper review and approval 22
177+of land development projects to ensure consistency with this chapter and the Rhode Island zoning 23
178+enabling act. 24
179+(i) Minor land development project. A land development project involving any one of 25
180+the following categories which has not otherwise been specifically designated by local ordinance 26
181+as development plan review: 27
182+(A) Seven thousand five hundred (7,500) gross square feet of floor area of new commercial, 28
183+manufacturing, or industrial development, or less; or 29
184+(B) An expansion of up to fifty percent (50%) of existing floor area or up to ten thousand 30
185+(10,000) square feet for commercial, manufacturing, or industrial structures; or 31
186+(C) Mixed-use development consisting of up to six (6) dwelling units and two thousand 32
187+five hundred (2,500) gross square feet of commercial space or less; or 33
188+(D) Multi-family residential or residential condominium development of nine (9) units or 34
190189
191190
192-LC002154/SUB A - Page 6 of 32
193-constraints to development of the site as well as the requirements of the pertinent federal, state, and 1
194-local regulations. See § 45-23-60(a)(4). 2
195-(5) Certificate of completeness. A notice issued by the administrative officer informing 3
196-an applicant that the application is complete and meets the requirements of the municipality’s 4
197-regulations, and that the applicant may proceed with the review process. 5
198-(6) Concept plan. A drawing with accompanying information showing the basic elements 6
199-of a proposed land development plan or subdivision as used for pre-application meetings and early 7
200-discussions, and classification of the project within the approval process. 8
201-(7) Consistency with the comprehensive plan. A requirement of all local land use 9
202-regulations which means that all these regulations and subsequent actions are in accordance with 10
203-the public policies arrived at through detailed study and analysis and adopted by the municipality 11
204-as the comprehensive community plan as specified in § 45-22.2-3. 12
205-(8) Dedication, fee-in-lieu-of. Payments of cash that are authorized in the local regulations 13
206-when requirements for mandatory dedication of land are not met because of physical conditions of 14
207-the site or other reasons. The conditions under which the payments will be allowed and all formulas 15
208-for calculating the amount shall be specified in advance in the local regulations. See § 45-23-47. 16
209-(9) Development plan review. Design or site plan review of a development of a permitted 17
210-use. A municipality may utilize development plan review under limited circumstances to encourage 18
211-development to comply with design and/or performance standards of the community under specific 19
212-and objective guidelines, for the following categories of developments: 20
213-(i) A change in use at the property where no extensive construction of improvements is 21
214-sought; 22
215-(ii) An adaptive reuse project located in a commercial zone where no extensive exterior 23
216-construction of improvements is sought; 24
217-(iii) An adaptive reuse project located in a residential zone that results in less than nine (9) 25
218-residential units; 26
219-(iv) Development in a designated urban or growth center; or 27
220-(v) Institutional development for educational or hospital facilities. 28
221-(vi) [Deleted by P.L. 2024, ch. 292, § 1 and P.L. 2024, ch. 293, § 1.] 29
222-(10) Development regulation. Zoning, subdivision, land development plan, development 30
223-plan review, historic district, official map, flood plain regulation, soil erosion control, or any other 31
224-governmental regulation of the use and development of land. 32
225-(11) Division of land. A subdivision. 33
226-(12) Environmental constraints. Natural features, resources, or land characteristics that 34
191+LC002154 - Page 6 of 30
192+less; or 1
193+(E) Change in use at the property where no extensive construction of improvements is 2
194+sought; or 3
195+(F) An adaptive reuse project of up to twenty-five thousand (25,000) square feet of gross 4
196+floor area located in a commercial zone where no extensive exterior construction of improvements 5
197+is sought; or 6
198+(G) An adaptive reuse project located in a residential zone that results in less than nine (9) 7
199+residential units;. 8
200+A community can increase but not decrease the thresholds for minor land development set 9
201+forth above if specifically set forth in the local ordinance and/or regulations. The process by which 10
202+minor land development projects are reviewed by the local planning board, commission, technical 11
203+review committee, and/or administrative officer is set forth in § 45-23-38. 12
204+(ii) Major land development project. A land development project that exceeds the 13
205+thresholds for a minor land development project as set forth in this section and local ordinance or 14
206+regulation. The process by which major land development projects are reviewed by the local 15
207+planning board, commission, technical review committee, or administrative officer is set forth in § 16
208+45-23-39. 17
209+(20) Local regulations. The land development and subdivision review regulations adopted 18
210+under the provisions of this act. For purposes of clarification, throughout this act, where reference 19
211+is made to local regulations, it is to be understood as the land development and subdivision review 20
212+regulations and all related ordinances and rules properly adopted pursuant to this chapter. 21
213+(21) Maintenance guarantee. Any security instrument that may be required and accepted 22
214+by a municipality to ensure that necessary improvements will function as required for a specific 23
215+period of time. See improvement guarantee. 24
216+(22) Master plan. An overall plan for a proposed project site outlining general, rather than 25
217+detailed, development intentions. It describes the basic parameters of a major development 26
218+proposal, rather than giving full engineering details. Required in major land development or major 27
219+subdivision review only. It is the first formal review step of the major land development or major 28
220+subdivision process and the step in the process in which the public hearing is held. See § 45-23-39. 29
221+(23) Modification of requirements. See § 45-23-62. 30
222+(24) Parcel. A lot, or contiguous group of lots in single ownership or under single control, 31
223+and usually considered a unit for purposes of development. Also referred to as a tract. 32
224+(25) Parking area or lot. All that portion of a development that is used by vehicles, the 33
225+total area used for vehicular access, circulation, parking, loading, and unloading. 34
227226
228227
229-LC002154/SUB A - Page 7 of 32
230-are sensitive to change and may require conservation measures or the application of special 1
231-development techniques to prevent degradation of the site, or may require limited development, or 2
232-in certain instances, may preclude development. See also physical constraints to development. 3
233-(13) Final plan. The final stage of land development and subdivision review or a formal 4
234-development plan review application. See §§ 45-23-38, 45-23-39, and 45-23-50. 5
235-(14) Final plat. The final drawing(s) of all or a portion of a subdivision to be recorded after 6
236-approval by the planning board and any accompanying material as described in the community’s 7
237-regulations and/or required by the planning board. 8
238-(15) Floor area, gross. See R.I. State Building Code. 9
239-(16) Governing body. The body of the local government, generally the city or town 10
240-council, having the power to adopt ordinances, accept public dedications, release public 11
241-improvement guarantees, and collect fees. 12
242-(17) Improvement. Any natural or built item that becomes part of, is placed upon, or is 13
243-affixed to, real estate. 14
244-(18) Improvement guarantee. A security instrument accepted by a municipality to ensure 15
245-that all improvements, facilities, or work required by the land development and subdivision 16
246-regulations, or required by the municipality as a condition of approval, will be completed in 17
247-compliance with the approved plans and specifications of a development. See § 45-23-46. 18
248-(19) Land development project. A project in which one or more lots, tracts, or parcels of 19
249-land or a portion thereof are developed or redeveloped as a coordinated site for one or more uses, 20
250-units, or structures, including but not limited to, planned development or cluster development for 21
251-residential, commercial, institutional, recreational, open space, or mixed uses. The local regulations 22
252-shall include all requirements, procedures, and standards necessary for proper review and approval 23
253-of land development projects to ensure consistency with this chapter and the Rhode Island zoning 24
254-enabling act. 25
255-(i) Minor land development project. A land development project involving any one of 26
256-the following categories which has not otherwise been specifically designated by local ordinance 27
257-as development plan review: 28
258-(A) Seven thousand five hundred (7,500) gross square feet of floor area of new commercial, 29
259-manufacturing, or industrial development, or less; or 30
260-(B) An expansion of up to fifty percent (50%) of existing floor area or up to ten thousand 31
261-(10,000) square feet for commercial, manufacturing, or industrial structures; or 32
262-(C) Mixed-use development consisting of up to six (6) dwelling units and two thousand 33
263-five hundred (2,500) gross square feet of commercial space or less; or 34
228+LC002154 - Page 7 of 30
229+(26) Permitting authority. The local agency of government, meaning any board, 1
230+commission, or administrative officer specifically empowered by state enabling law and local 2
231+regulation or ordinance to hear and decide on specific matters pertaining to local land use. 3
232+(27) Phased development. Development, usually for large-scale projects, where 4
233+construction of public and/or private improvements proceeds by sections subsequent to approval 5
234+of a master plan for the entire site. See § 45-23-48. 6
235+(28) Physical constraints to development. Characteristics of a site or area, either natural 7
236+or man-made, which present significant difficulties to construction of the uses permitted on that 8
237+site, or would require extraordinary construction methods. See also environmental constraints. 9
238+(29) Planning board. The official planning agency of a municipality, whether designated 10
239+as the plan commission, planning commission, plan board, or as otherwise known. 11
240+(30) Plat. A drawing or drawings of a land development or subdivision plan showing the 12
241+location, boundaries, and lot lines of individual properties, as well as other necessary information 13
242+as specified in the local regulations. 14
243+(31) Pre-application conference. An initial meeting between developers and municipal 15
244+representatives that affords developers the opportunity to present their proposals informally and to 16
245+receive comments and directions from the municipal officials and others. See § 45-23-35. 17
246+(32) Preliminary plan. A required stage of land development and subdivision review that 18
247+generally requires detailed engineered drawings. See § 45-23-39. 19
248+(33) Public hearing. A hearing before the planning board that is duly noticed in accordance 20
249+with § 45-23-42 and that allows public comment. A public hearing is not required for an application 21
250+or stage of approval unless otherwise stated in this chapter. 22
251+(34) Public improvement. Any street or other roadway, sidewalk, pedestrian way, tree, 23
252+lawn, off-street parking area, drainage feature, or other facility for which the local government or 24
253+other governmental entity either is presently responsible, or will ultimately assume the 25
254+responsibility for maintenance and operation upon municipal acceptance. 26
255+(35) Slope of land. The grade, pitch, rise, or incline of the topographic landform or surface 27
256+of the ground. 28
257+(36) Storm water detention. A provision for storage of storm water runoff and the 29
258+controlled release of the runoff during and after a flood or storm. 30
259+(37) Storm water retention. A provision for storage of storm water runoff. 31
260+(38) Street. A public or private thoroughfare used, or intended to be used, for passage or 32
261+travel by motor vehicles. Streets are further classified by the functions they perform. See street 33
262+classification. 34
264263
265264
266-LC002154/SUB A - Page 8 of 32
267-(D) Multi-family residential or residential condominium development of nine (9) units or 1
268-less; or 2
269-(E) Change in use at the property where no extensive construction of improvements is 3
270-sought; or 4
271-(F) An adaptive reuse project of up to twenty-five thousand (25,000) square feet of gross 5
272-floor area located in a commercial zone where no extensive exterior construction of improvements 6
273-is sought; or 7
274-(G) An adaptive reuse project located in a residential zone that results in less than nine (9) 8
275-residential units;. 9
276-A community can increase but not decrease the thresholds for minor land development set 10
277-forth above if specifically set forth in the local ordinance and/or regulations. The process by which 11
278-minor land development projects are reviewed by the local planning board, commission, technical 12
279-review committee, and/or administrative officer is set forth in § 45-23-38. 13
280-(ii) Major land development project. A land development project that exceeds the 14
281-thresholds for a minor land development project as set forth in this section and local ordinance or 15
282-regulation. The process by which major land development projects are reviewed by the local 16
283-planning board, commission, technical review committee, or administrative officer is set forth in § 17
284-45-23-39. 18
285-(20) Local regulations. The land development and subdivision review regulations adopted 19
286-under the provisions of this act. For purposes of clarification, throughout this act, where reference 20
287-is made to local regulations, it is to be understood as the land development and subdivision review 21
288-regulations and all related ordinances and rules properly adopted pursuant to this chapter. 22
289-(21) Maintenance guarantee. Any security instrument that may be required and accepted 23
290-by a municipality to ensure that necessary improvements will function as required for a specific 24
291-period of time. See improvement guarantee. 25
292-(22) Master plan. An overall plan for a proposed project site outlining general, rather than 26
293-detailed, development intentions. It describes the basic parameters of a major development 27
294-proposal, rather than giving full engineering details. Required in major land development or major 28
295-subdivision review only. It is the first formal review step of the major land development or major 29
296-subdivision process and the step in the process in which the public hearing is held. See § 45-23-39. 30
297-(23) Modification of requirements. See § 45-23-62. 31
298-(24) Parcel. A lot, or contiguous group of lots in single ownership or under single control, 32
299-and usually considered a unit for purposes of development. Also referred to as a tract. 33
300-(25) Parking area or lot. All that portion of a development that is used by vehicles, the 34
265+LC002154 - Page 8 of 30
266+(39) Street, access to. An adequate and permanent way of entering a lot. All lots of record 1
267+shall have access to a public street for all vehicles normally associated with the uses permitted for 2
268+that lot. 3
269+(40) Street, alley. A public or private thoroughfare primarily designed to serve as 4
270+secondary access to the side or rear of those properties whose principal frontage is on some other 5
271+street. 6
272+(41) Street, cul-de-sac. A local street with only one outlet and having an appropriate 7
273+vehicular turnaround, either temporary or permanent, at the closed end. 8
274+(42) Street, limited access highway. A freeway or expressway providing for through 9
275+traffic. Owners or occupants of abutting property on lands and other persons have no legal right to 10
276+access, except at the points and in the manner as may be determined by the public authority having 11
277+jurisdiction over the highway. 12
278+(43) Street, private. A thoroughfare established as a separate tract for the benefit of 13
279+multiple, adjacent properties and meeting specific, municipal improvement standards. This 14
280+definition does not apply to driveways. 15
281+(44) Street, public. All public property reserved or dedicated for street traffic. 16
282+(45) Street, stub. A portion of a street reserved to provide access to future development, 17
283+which may provide for utility connections. 18
284+(46) Street classification. A method of roadway organization that identifies a street 19
285+hierarchy according to function within a road system, that is, types of vehicles served and 20
286+anticipated volumes, for the purposes of promoting safety, efficient land use, and the design 21
287+character of neighborhoods and districts. Local classifications use the following as major 22
288+categories: 23
289+(i) Arterial. A major street that serves as an avenue for the circulation of traffic into, out 24
290+of, or around the municipality and carries high volumes of traffic. 25
291+(ii) Collector. A street whose principal function is to carry traffic between local streets and 26
292+arterial streets but that may also provide direct access to abutting properties. 27
293+(iii) Local. Streets whose primary function is to provide access to abutting properties. 28
294+(47) Subdivider. Any person who: (i) Having an interest in land, causes it, directly or 29
295+indirectly, to be divided into a subdivision; or who (ii) Directly or indirectly sells, leases, or 30
296+develops, or offers to sell, lease, or develop, or advertises to sell, lease, or develop, any interest, 31
297+lot, parcel, site, unit, or plat in a subdivision; or who (iii) Engages directly or through an agent in 32
298+the business of selling, leasing, developing, or offering for sale, lease, or development a subdivision 33
299+or any interest, lot, parcel, site, unit, or plat in a subdivision. 34
301300
302301
303-LC002154/SUB A - Page 9 of 32
304-total area used for vehicular access, circulation, parking, loading, and unloading. 1
305-(26) Permitting authority. The local agency of government, meaning any board, 2
306-commission, or administrative officer specifically empowered by state enabling law and local 3
307-regulation or ordinance to hear and decide on specific matters pertaining to local land use. 4
308-(27) Phased development. Development, usually for large-scale projects, where 5
309-construction of public and/or private improvements proceeds by sections subsequent to approval 6
310-of a master plan for the entire site. See § 45-23-48. 7
311-(28) Physical constraints to development. Characteristics of a site or area, either natural 8
312-or man-made, which present significant difficulties to construction of the uses permitted on that 9
313-site, or would require extraordinary construction methods. See also environmental constraints. 10
314-(29) Planning board. The official planning agency of a municipality, whether designated 11
315-as the plan commission, planning commission, plan board, or as otherwise known. 12
316-(30) Plat. A drawing or drawings of a land development or subdivision plan showing the 13
317-location, boundaries, and lot lines of individual properties, as well as other necessary information 14
318-as specified in the local regulations. 15
319-(31) Pre-application conference. An initial meeting between developers and municipal 16
320-representatives that affords developers the opportunity to present their proposals informally and to 17
321-receive comments and directions from the municipal officials and others. See § 45-23-35. 18
322-(32) Preliminary plan. A required stage of land development and subdivision review that 19
323-generally requires detailed engineered drawings. See § 45-23-39. 20
324-(33) Public hearing. A hearing before the planning board that is duly noticed in accordance 21
325-with § 45-23-42 and that allows public comment. A public hearing is not required for an application 22
326-or stage of approval unless otherwise stated in this chapter. 23
327-(34) Public improvement. Any street or other roadway, sidewalk, pedestrian way, tree, 24
328-lawn, off-street parking area, drainage feature, or other facility for which the local government or 25
329-other governmental entity either is presently responsible, or will ultimately assume the 26
330-responsibility for maintenance and operation upon municipal acceptance. 27
331-(35) Slope of land. The grade, pitch, rise, or incline of the topographic landform or surface 28
332-of the ground. 29
333-(36) Storm water detention. A provision for storage of storm water runoff and the 30
334-controlled release of the runoff during and after a flood or storm. 31
335-(37) Storm water retention. A provision for storage of storm water runoff. 32
336-(38) Street. A public or private thoroughfare used, or intended to be used, for passage or 33
337-travel by motor vehicles. Streets are further classified by the functions they perform. See street 34
302+LC002154 - Page 9 of 30
303+(48) Subdivision. The division of a lot, tract, or parcel of land into two or more lots, tracts, 1
304+or parcels or any adjustment to existing lot lines is considered a subdivision. 2
305+(i) Administrative subdivision. Subdivision of existing lots that yields no additional lots 3
306+for development, and involves no creation or extension of streets. This subdivision only involves 4
307+division, mergers, mergers and division, or adjustments of boundaries of existing lots. The process 5
308+by which an administrative officer or municipal planning board or commission reviews any 6
309+subdivision qualifying for this review is set forth in § 45-23-37. 7
310+(ii) Minor subdivision. A subdivision creating nine (9) or fewer buildable lots where a 8
311+street extension or creation is required. A subdivision of an unlimited number of lots on an existing 9
312+improved public street also qualifies as a minor subdivision. The process by which a municipal 10
313+planning board, commission, technical review committee, and/or administrative officer reviews a 11
314+minor subdivision is set forth in § 45-23-38. 12
315+(iii) Major subdivision. A subdivision creating ten (10) or more buildable lots where a 13
316+street extension or street creation is required. The process by which a municipal planning board or 14
317+commission reviews any subdivision qualifying for this review under § 45-23-39. 15
318+(49) Technical review committee. A committee or committees appointed by the 16
319+municipality for the purpose of reviewing, commenting, approving, and/or making 17
320+recommendations to the planning board or administrative officer, as set forth in this chapter. 18
321+(50) Temporary improvement. Improvements built and maintained by a developer during 19
322+construction of a development project and prior to release of the improvement guarantee, but not 20
323+intended to be permanent. 21
324+(51) Vested rights. The right to initiate or continue the development of an approved project 22
325+for a specified period of time, under the regulations that were in effect at the time of approval, even 23
326+if, after the approval, the regulations change prior to the completion of the project. 24
327+(52) Waiver of requirements. See § 45-23-62. 25
328+45-23-35. General provisions — Pre-application meetings and concept review. 26
329+(a) One or more pre-application meetings shall may be held for all major land development 27
330+or subdivision applications at the request of the applicant. Pre-application meetings may be held 28
331+for administrative and minor applications, upon request of either the municipality or the applicant. 29
332+Pre-application meetings allow the applicant to meet with appropriate officials, boards and/or 30
333+commissions, planning staff, and, where appropriate, state agencies, for advice as to the required 31
334+steps in the approvals process, the pertinent local plans, ordinances, regulations, rules and 32
335+procedures and standards which may bear upon the proposed development project. 33
336+(b) At the pre-application stage the applicant may request the planning board or the 34
338337
339338
340-LC002154/SUB A - Page 10 of 32
341-classification. 1
342-(39) Street, access to. An adequate and permanent way of entering a lot. All lots of record 2
343-shall have access to a public street for all vehicles normally associated with the uses permitted for 3
344-that lot. 4
345-(40) Street, alley. A public or private thoroughfare primarily designed to serve as 5
346-secondary access to the side or rear of those properties whose principal frontage is on some other 6
347-street. 7
348-(41) Street, cul-de-sac. A local street with only one outlet and having an appropriate 8
349-vehicular turnaround, either temporary or permanent, at the closed end. 9
350-(42) Street, limited access highway. A freeway or expressway providing for through 10
351-traffic. Owners or occupants of abutting property on lands and other persons have no legal right to 11
352-access, except at the points and in the manner as may be determined by the public authority having 12
353-jurisdiction over the highway. 13
354-(43) Street, private. A thoroughfare established as a separate tract for the benefit of 14
355-multiple, adjacent properties and meeting specific, municipal improvement standards. This 15
356-definition does not apply to driveways. 16
357-(44) Street, public. All public property reserved or dedicated for street traffic. 17
358-(45) Street, stub. A portion of a street reserved to provide access to future development, 18
359-which may provide for utility connections. 19
360-(46) Street classification. A method of roadway organization that identifies a street 20
361-hierarchy according to function within a road system, that is, types of vehicles served and 21
362-anticipated volumes, for the purposes of promoting safety, efficient land use, and the design 22
363-character of neighborhoods and districts. Local classifications use the following as major 23
364-categories: 24
365-(i) Arterial. A major street that serves as an avenue for the circulation of traffic into, out 25
366-of, or around the municipality and carries high volumes of traffic. 26
367-(ii) Collector. A street whose principal function is to carry traffic between local streets and 27
368-arterial streets but that may also provide direct access to abutting properties. 28
369-(iii) Local. Streets whose primary function is to provide access to abutting properties. 29
370-(47) Subdivider. Any person who: (i) Having an interest in land, causes it, directly or 30
371-indirectly, to be divided into a subdivision; or who (ii) Directly or indirectly sells, leases, or 31
372-develops, or offers to sell, lease, or develop, or advertises to sell, lease, or develop, any interest, 32
373-lot, parcel, site, unit, or plat in a subdivision; or who (iii) Engages directly or through an agent in 33
374-the business of selling, leasing, developing, or offering for sale, lease, or development a subdivision 34
339+LC002154 - Page 10 of 30
340+technical review committee for an informal concept plan review for a development. The purpose 1
341+of the concept plan review is also to provide planning board or technical review committee input 2
342+in the formative stages of major subdivision and land development concept design. 3
343+(c) Applicants seeking a pre-application meeting or an informal concept review shall 4
344+submit general, conceptual materials in advance of the meeting(s) as requested by municipal 5
345+officials. 6
346+(d) Pre-application meetings aim to encourage information sharing and discussion of 7
347+project concepts among the participants. Pre-application discussions are intended for the guidance 8
348+of the applicant and are not considered approval of a project or its elements. 9
349+(e) Provided that at least one pre-application meeting has been held for major land 10
350+development or subdivision application or sixty (60) days has elapsed from the filing of the pre-11
351+application submission and no pre-application meeting has been scheduled to occur within those 12
352+sixty (60) days, nothing shall be deemed to preclude an applicant from thereafter filing and 13
353+proceeding with an application for a land development or subdivision project in accordance with § 14
354+45-23-36. 15
355+45-23-36. General provisions — Authority and application for development and 16
356+certification of completeness. 17
357+(a) Authority. Municipalities shall provide for the submission and approval of land 18
358+development projects and subdivisions, as such terms are defined in the Rhode Island Zoning 19
359+Enabling Act of 1991, and/or this chapter, and such are subject to the local regulations which shall 20
360+be consistent with the requirements of this chapter. The local regulations must include all 21
361+requirements, procedures, and standards necessary for proper review and approval of applications 22
362+made under this chapter to ensure consistency with the intent and purposes of this chapter and with 23
363+§ 45-24-47 of the Rhode Island Zoning Enabling Act of 1991. 24
364+(b) Classification. In accordance with this chapter, the administrative officer shall advise 25
365+the applicant as to which category of approval is required for a project. An applicant shall not be 26
366+required to obtain both land development and development plan review, for the same project. The 27
367+following categories of applications, as defined in this chapter, may be filed: 28
368+(1) Subdivisions. Administrative subdivision, minor subdivision, or major subdivision; 29
369+(2) Land development projects. Minor land development or major land development; and 30
370+(3) Development plan review. 31
371+(c) Certification of a complete application. An application shall initially be reviewed by 32
372+the administrative officer solely for the purpose to determine whether the application lacks 33
373+information required for the respective applications type as specified in the local checklist. An 34
375374
376375
377-LC002154/SUB A - Page 11 of 32
378-or any interest, lot, parcel, site, unit, or plat in a subdivision. 1
379-(48) Subdivision. The division of a lot, tract, or parcel of land into two or more lots, tracts, 2
380-or parcels or any adjustment to existing lot lines is considered a subdivision. 3
381-(i) Administrative subdivision. Subdivision of existing lots that yields no additional lots 4
382-for development, and involves no creation or extension of streets. This subdivision only involves 5
383-division, mergers, mergers and division, or adjustments of boundaries of existing lots. The process 6
384-by which an administrative officer or municipal planning board or commission reviews any 7
385-subdivision qualifying for this review is set forth in § 45-23-37. 8
386-(ii) Minor subdivision. A subdivision creating nine (9) or fewer buildable lots where a 9
387-street extension or creation is required. A subdivision of an unlimited number of lots on an existing 10
388-improved public street also qualifies as a minor subdivision. The process by which a municipal 11
389-planning board, commission, technical review committee, and/or administrative officer reviews a 12
390-minor subdivision is set forth in § 45-23-38. 13
391-(iii) Major subdivision. A subdivision creating ten (10) or more buildable lots where a 14
392-street extension or street creation is required. The process by which a municipal planning board or 15
393-commission reviews any subdivision qualifying for this review under § 45-23-39. 16
394-(49) Technical review committee. A committee or committees appointed by the 17
395-municipality for the purpose of reviewing, commenting, approving, and/or making 18
396-recommendations to the planning board or administrative officer, as set forth in this chapter. 19
397-(50) Temporary improvement. Improvements built and maintained by a developer during 20
398-construction of a development project and prior to release of the improvement guarantee, but not 21
399-intended to be permanent. 22
400-(51) Vested rights. The right to initiate or continue the development of an approved project 23
401-for a specified period of time, under the regulations that were in effect at the time of approval, even 24
402-if, after the approval, the regulations change prior to the completion of the project. 25
403-(52) Waiver of requirements. See § 45-23-62. 26
404-45-23-35. General provisions — Pre-application meetings and concept review. 27
405-(a) One or more pre-application meetings shall may be held for all major land development 28
406-or subdivision applications at the request of the applicant. Pre-application meetings may be held 29
407-for administrative and minor applications, upon request of either the municipality or the applicant. 30
408-Pre-application meetings allow the applicant to meet with appropriate officials, boards and/or 31
409-commissions, planning staff, and, where appropriate, state agencies, for advice as to the required 32
410-steps in the approvals process, the pertinent local plans, ordinances, regulations, rules and 33
411-procedures and standards which may bear upon the proposed development project. 34
376+LC002154 - Page 11 of 30
377+application shall be complete for purposes of commencing the applicable time period for action 1
378+when so certified by the administrative officer. Every certification of completeness required by this 2
379+chapter shall be in writing. In the event the certification of the application is not made within the 3
380+time specified in this chapter for the type of plan, the application is deemed complete for purposes 4
381+of commencing the review period unless the application lacks information required for these 5
382+applications as specified in the local regulations and the administrative officer has notified the 6
383+applicant, in writing, of the deficiencies in the application. See §§ 45-23-38, 45-23-39, and 45-23-7
384+50 for applicable certification timeframes and requirements. An application shall not be deemed 8
385+incomplete for reasons other than the failure to supply an item or items listed on the applicable 9
386+checklist. 10
387+(d) Notwithstanding other provisions of this section, the planning board may subsequently 11
388+require correction of any information found to be in error and submission of additional information 12
389+specified in the regulations but not required by the administrative officer prior to certification, as 13
390+is necessary to make an informed decision. 14
391+(e) Where the review is postponed with the consent of the applicant, pending further 15
392+information or revision of information, the time period for review is stayed and resumes when the 16
393+administrative officer or the planning board determines that the required application information is 17
394+complete. 18
395+45-23-39. General provisions — Major land development and major subdivision 19
396+review stages. 20
397+(a) Stages of review. Major land development and major subdivision review consists of 21
398+three stages of review, master plan, preliminary plan, and final plan, following the pre-application 22
399+meeting(s) specified in § 45-23-35, if applicable. Also required is a public hearing at the master 23
400+plan stage of review or, if combined at the first stage of review. 24
401+(b) The administrative officer may combine review stages but only the planning board may 25
402+waive requirements as specified in § 45-23-62. Review stages may be combined only after the 26
403+administrative officer determines that all necessary requirements have been met by the applicant or 27
404+that the planning board has waived any submission requirements not included by the applicant. 28
405+(c) Master plan review. 29
406+(1) Submission requirements. 30
407+(i) The applicant shall first submit to the administrative officer the items required by the 31
408+local regulations for master plans. 32
409+(ii) Requirements for the master plan and supporting material for this phase of review 33
410+include, but are not limited to: information on the natural and built features of the surrounding 34
412411
413412
414-LC002154/SUB A - Page 12 of 32
415-(b) At the pre-application stage the applicant may request the planning board or the 1
416-technical review committee for an informal concept plan review for a development. The purpose 2
417-of the concept plan review is also to provide planning board or technical review committee input 3
418-in the formative stages of major subdivision and land development concept design. 4
419-(c) Applicants seeking a pre-application meeting or an informal concept review shall 5
420-submit general, conceptual materials in advance of the meeting(s) as requested by municipal 6
421-officials. 7
422-(d) Pre-application meetings aim to encourage information sharing and discussion of 8
423-project concepts among the participants. Pre-application discussions are intended for the guidance 9
424-of the applicant and are not considered approval of a project or its elements. 10
425-(e) Provided that at least one pre-application meeting has been held for major land 11
426-development or subdivision application or sixty (60) days has elapsed from the filing of the pre-12
427-application submission and no pre-application meeting has been scheduled to occur within those 13
428-sixty (60) days, nothing shall be deemed to preclude an applicant from thereafter filing and 14
429-proceeding with an application for a land development or subdivision project in accordance with § 15
430-45-23-36. 16
431-45-23-36. General provisions — Authority and application for development and 17
432-certification of completeness. 18
433-(a) Authority. Municipalities shall provide for the submission and approval of land 19
434-development projects and subdivisions, as such terms are defined in the Rhode Island Zoning 20
435-Enabling Act of 1991, and/or this chapter, and such are subject to the local regulations which shall 21
436-be consistent with the requirements of this chapter. The local regulations must include all 22
437-requirements, procedures, and standards necessary for proper review and approval of applications 23
438-made under this chapter to ensure consistency with the intent and purposes of this chapter and with 24
439-§ 45-24-47 of the Rhode Island Zoning Enabling Act of 1991. 25
440-(b) Classification. In accordance with this chapter, the administrative officer shall advise 26
441-the applicant as to which category of approval is required for a project. An applicant shall not be 27
442-required to obtain both land development and development plan review, for the same project. The 28
443-following categories of applications, as defined in this chapter, may be filed: 29
444-(1) Subdivisions. Administrative subdivision, minor subdivision, or major subdivision; 30
445-(2) Land development projects. Minor land development or major land development; and 31
446-(3) Development plan review. 32
447-(c) Certification of a complete application. An application shall initially be reviewed by 33
448-the administrative officer solely for the purpose to determine whether the application lacks 34
413+LC002154 - Page 12 of 30
414+neighborhood, existing natural and man-made conditions of the development site, including 1
415+topographic features, the freshwater wetland and coastal zone boundaries, the floodplains, as well 2
416+as the proposed design concept, proposed public improvements and dedications, tentative 3
417+construction phasing; and potential neighborhood impacts. 4
418+(iii) Initial comments will be solicited from: 5
419+(A) Local agencies including, but not limited to, the planning department, the department 6
420+of public works, fire and police departments, the conservation and recreation commissions; 7
421+(B) Adjacent communities; 8
422+(C) State agencies, as appropriate, including the departments of environmental 9
423+management and transportation and the coastal resources management council; and 10
424+(D) Federal agencies, as appropriate. The administrative officer shall coordinate review 11
425+and comments by local officials, adjacent communities, and state and federal agencies. 12
426+(iv) Applications requesting relief from the zoning ordinance. 13
427+(A) Applications under this chapter that require relief that qualifies only as a modification 14
428+under § 45-24-46 and local ordinances may proceed by filing a master plan application under this 15
429+section to the administrative officer and, separately, a request for a modification to the zoning 16
430+enforcement officer. If such modification is granted, the application shall then proceed to be 17
431+reviewed by the planning board pursuant to the applicable requirements of this section. If the 18
432+modification is denied or an objection is received as set forth in § 45-24-46, such application shall 19
433+proceed under unified development review pursuant to § 45-23-50.1. 20
434+(B) Applications under this section that require relief from the literal provisions of the 21
435+zoning ordinance in the form of a variance or special use permit, shall be reviewed by the planning 22
436+board under unified development review pursuant to § 45-23-50.1. 23
437+(2) Certification. The application must be certified, in writing, complete or incomplete by 24
438+the administrative officer within twenty-five (25) days of the submission, according to the 25
439+provisions of § 45-23-36(c), so long as a completed checklist of requirements is provided with the 26
440+submission. If an applicant also submits for a modification to the zoning enforcement officer, the 27
441+running of the time period set forth herein will not begin until the decision on the modification is 28
442+made as set forth in § 45-24-46. The running of the time period set forth herein will be deemed 29
443+stopped upon the issuance of a certificate of incompleteness of the application by the administrative 30
444+officer and will recommence upon the resubmission of a corrected application by the applicant. 31
445+However, in no event will the administrative officer be required to certify a corrected submission 32
446+as complete or incomplete less than ten (10) days after its resubmission. 33
447+(3) Technical review committee. To the extent the community utilizes a technical review 34
449448
450449
451-LC002154/SUB A - Page 13 of 32
452-information required for the respective applications type as specified in the local checklist, and 1
453-whether the applicant lacks items or information which was required as a condition of a previous 2
454-approval stage(s) for the same project. An application shall be complete for purposes of 3
455-commencing the applicable time period for action when so certified by the administrative officer. 4
456-Every certification of completeness required by this chapter shall be in writing. In the event the 5
457-certification of the application is not made within the time specified in this chapter for the type of 6
458-plan, the application is deemed complete for purposes of commencing the review period unless the 7
459-application lacks information required for these applications as specified in the local regulations 8
460-and the administrative officer has notified the applicant, in writing, of the deficiencies in the 9
461-application. See §§ 45-23-38, 45-23-39, and 45-23-50 for applicable certification timeframes and 10
462-requirements. An application shall not be deemed incomplete for reasons other than the failure to 11
463-supply an item or items listed on the applicable checklist. 12
464-(d) Notwithstanding other provisions of this section, the planning board may subsequently 13
465-require correction of any information found to be in error and submission of additional information 14
466-specified in the regulations but not required by the administrative officer prior to certification, as 15
467-is necessary to make an informed decision. 16
468-(e) Where the review is postponed with the consent of the applicant, pending further 17
469-information or revision of information, the time period for review is stayed and resumes when the 18
470-administrative officer or the planning board determines that the required application information is 19
471-complete. 20
472-45-23-39. General provisions — Major land development and major subdivision 21
473-review stages. 22
474-(a) Stages of review. Major land development and major subdivision review consists of 23
475-three stages of review, master plan, preliminary plan, and final plan, following the pre-application 24
476-meeting(s) specified in § 45-23-35, if applicable. Also required is a public hearing at the master 25
477-plan stage of review or, if combined at the first stage of review. 26
478-(b) The administrative officer may combine review stages but only the planning board may 27
479-waive requirements as specified in § 45-23-62. Review stages may be combined only after the 28
480-administrative officer determines that all necessary requirements have been met by the applicant or 29
481-that the planning board has waived any submission requirements not included by the applicant. 30
482-(c) Master plan review. 31
483-(1) Submission requirements. 32
484-(i) The applicant shall first submit to the administrative officer the items required by the 33
485-local regulations for master plans. 34
450+LC002154 - Page 13 of 30
451+committee, it shall review the application prior to the first planning board meeting and shall 1
452+comment and make recommendations to the planning board. 2
453+(4) Public hearing. 3
454+(i) A public hearing will be held prior to the planning board decision on the master plan. If 4
455+the master plan and preliminary plan review stages are being combined, a public hearing shall be 5
456+held during the combined stage of review. 6
457+(ii) Notice for the public hearing is required and must be given at least fourteen (14) days 7
458+prior to the date of the meeting in a newspaper of local circulation within the municipality. Notice 8
459+must be mailed to the applicant and to all property owners within the notice area, as specified by 9
460+local regulations. 10
461+(iii) At the public hearing, the applicant will present the proposed development project. 11
462+The planning board must allow oral and written comments from the general public. All public 12
463+comments are to be made part of the public record of the project application. 13
464+(5) Decision. The planning board shall, within ninety (90) days of certification of 14
465+completeness, or within a further amount of time that may be consented to by the applicant through 15
466+the submission of a written waiver, approve of the master plan as submitted, approve with changes 16
467+and/or conditions, or deny the application, according to the requirements of §§ 45-23-60 and 45-17
468+23-63. 18
469+(6) Failure to act. Failure of the planning board to act within the prescribed period 19
470+constitutes approval of the master plan, and a certificate of the administrative officer as to the failure 20
471+of the planning board to act within the required time and the resulting approval will be issued on 21
472+request of the applicant. 22
473+(7) Vesting. 23
474+(i) The approved master plan is vested for a period of two (2) years, with the right to extend 24
475+for two (2), one-year extensions upon written request by the applicant, who must appear before the 25
476+planning board for the annual review. Thereafter, vesting may be extended for a longer period, for 26
477+good cause shown, if requested by the applicant, in writing, and approved by the planning board. 27
478+Master plan vesting includes the zoning requirements, conceptual layout, and all conditions shown 28
479+on the approved master plan drawings and supporting materials. 29
480+(ii) The initial four-year (4) vesting for the approved master plan constitutes the vested 30
481+rights for the development as required in § 45-24-44. 31
482+(d) Preliminary plan review. 32
483+(1) Submission requirements. 33
484+(i) The applicant shall first submit to the administrative officer the items required by the 34
486485
487486
488-LC002154/SUB A - Page 14 of 32
489-(ii) Requirements for the master plan and supporting material for this phase of review 1
490-include, but are not limited to: information on the natural and built features of the surrounding 2
491-neighborhood, existing natural and man-made conditions of the development site, including 3
492-topographic features, the freshwater wetland and coastal zone boundaries, the floodplains, as well 4
493-as the proposed design concept, proposed public improvements and dedications, tentative 5
494-construction phasing; and potential neighborhood impacts. 6
495-(iii) Initial comments will be solicited from: 7
496-(A) Local agencies including, but not limited to, the planning department, the department 8
497-of public works, fire and police departments, the conservation and recreation commissions; 9
498-(B) Adjacent communities; 10
499-(C) State agencies, as appropriate, including the departments of environmental 11
500-management and transportation and the coastal resources management council; and 12
501-(D) Federal agencies, as appropriate. The administrative officer shall coordinate review 13
502-and comments by local officials, adjacent communities, and state and federal agencies. 14
503-(iv) Applications requesting relief from the zoning ordinance. 15
504-(A) Applications under this chapter that require relief that qualifies only as a modification 16
505-under § 45-24-46 and local ordinances may proceed by filing a master plan application under this 17
506-section to the administrative officer and, separately, a request for a modification to the zoning 18
507-enforcement officer. If such modification is granted, the application shall then proceed to be 19
508-reviewed by the planning board pursuant to the applicable requirements of this section. If the 20
509-modification is denied or an objection is received as set forth in § 45-24-46, such application shall 21
510-proceed under unified development review pursuant to § 45-23-50.1. 22
511-(B) Applications under this section that require relief from the literal provisions of the 23
512-zoning ordinance in the form of a variance or special use permit, shall be reviewed by the planning 24
513-board under unified development review pursuant to § 45-23-50.1. 25
514-(2) Certification. The application must be certified, in writing, complete or incomplete by 26
515-the administrative officer within twenty-five (25) days of the submission, according to the 27
516-provisions of § 45-23-36(c), so long as a completed checklist of requirements is provided with the 28
517-submission. If an applicant also submits for a modification to the zoning enforcement officer, the 29
518-running of the time period set forth herein will not begin until the decision on the modification is 30
519-made as set forth in § 45-24-46. The running of the time period set forth herein will be deemed 31
520-stopped upon the issuance of a certificate of incompleteness of the application by the administrative 32
521-officer and will recommence upon the resubmission of a corrected application by the applicant. 33
522-However, in no event will the administrative officer be required to certify a corrected submission 34
487+LC002154 - Page 14 of 30
488+local regulations for preliminary plans. 1
489+(ii) Requirements for the preliminary plan and supporting materials for this phase of the 2
490+review include, but are not limited to: engineering plans depicting the existing site conditions, 3
491+engineering plans depicting the proposed development project, and a perimeter survey. 4
492+(iii) At the preliminary plan review phase, the administrative officer shall solicit final, 5
493+written comments and/or approvals of the department of public works, the city or town engineer, 6
494+the city or town solicitor, other local government departments, commissions, or authorities as 7
495+appropriate. 8
496+(iv) Prior to approval of the preliminary plan, copies of all legal documents describing the 9
497+property, proposed easements, and rights-of-way. 10
498+(v) Prior to approval of the preliminary plan, an applicant must submit all permits required 11
499+by state or federal agencies, including permits related to freshwater wetlands, the coastal zone, 12
500+floodplains, preliminary suitability for individual septic disposal systems, public water systems, 13
501+and connections to state roads. For a state permit from the Rhode Island department of 14
502+transportation, a letter evidencing the issuance of such a permit upon the submission of a bond and 15
503+insurance is sufficient, but such actual permit shall be required prior to the issuance of a building 16
504+permit. 17
505+(vi)(iv) If the applicant is requesting alteration of any variances and/or special-use permits 18
506+granted by the planning board or commission at the master plan stage of review pursuant to adopted 19
507+unified development review provisions, and/or any new variances and/or special-use permits, such 20
508+requests and all supporting documentation shall be included as part of the preliminary plan 21
509+application materials, pursuant to § 45-23-50.1(b). 22
510+(2) Certification. The application will be certified as complete or incomplete by the 23
511+administrative officer within twenty-five (25) days, according to the provisions of § 45-23-36(c) so 24
512+long as a completed checklist of requirements is provided with the submission. The running of the 25
513+time period set forth herein will be deemed stopped upon the issuance of a certificate of 26
514+incompleteness of the application by the administrative officer and will recommence upon the 27
515+resubmission of a corrected application by the applicant. However, in no event shall the 28
516+administrative officer be required to certify a corrected submission as complete or incomplete less 29
517+than ten (10) days after its resubmission. 30
518+(3) Technical review committee. To the extent the community utilizes a technical review 31
519+committee, it shall review the application prior to the first planning board meeting and shall 32
520+comment and make recommendations to the planning board. 33
521+(4) Public notice. Prior to the first planning board meeting on the preliminary plan, public 34
523522
524523
525-LC002154/SUB A - Page 15 of 32
526-as complete or incomplete less than ten (10) days after its resubmission. 1
527-(3) Technical review committee. To the extent the community utilizes a technical review 2
528-committee, it shall review the application prior to the first planning board meeting and shall 3
529-comment and make recommendations to the planning board. 4
530-(4) Public hearing. 5
531-(i) A public hearing will be held prior to the planning board decision on the master plan. If 6
532-the master plan and preliminary plan review stages are being combined, a public hearing shall be 7
533-held during the combined stage of review. 8
534-(ii) Notice for the public hearing is required and must be given at least fourteen (14) days 9
535-prior to the date of the meeting in a newspaper of local circulation within the municipality. Notice 10
536-must be mailed to the applicant and to all property owners within the notice area, as specified by 11
537-local regulations. 12
538-(iii) At the public hearing, the applicant will present the proposed development project. 13
539-The planning board must allow oral and written comments from the general public. All public 14
540-comments are to be made part of the public record of the project application. 15
541-(5) Decision. The planning board shall, within ninety (90) days of certification of 16
542-completeness, or within a further amount of time that may be consented to by the applicant through 17
543-the submission of a written waiver, approve of the master plan as submitted, approve with changes 18
544-and/or conditions, or deny the application, according to the requirements of §§ 45-23-60 and 45-19
545-23-63. 20
546-(6) Failure to act. Failure of the planning board to act within the prescribed period 21
547-constitutes approval of the master plan, and a certificate of the administrative officer as to the failure 22
548-of the planning board to act within the required time and the resulting approval will be issued on 23
549-request of the applicant. 24
550-(7) Vesting. 25
551-(i) The approved master plan is vested for a period of two (2) years, with the right to extend 26
552-for two (2), one-year extensions upon written request by the applicant, who must appear before the 27
553-planning board for the annual review. Thereafter, vesting may be extended for a longer period, for 28
554-good cause shown, if requested by the applicant, in writing, and approved by the planning board. 29
555-Master plan vesting includes the zoning requirements, conceptual layout, and all conditions shown 30
556-on the approved master plan drawings and supporting materials. 31
557-(ii) The initial four-year (4) vesting for the approved master plan constitutes the vested 32
558-rights for the development as required in § 45-24-44. 33
559-(d) Preliminary plan review. 34
524+LC002154 - Page 15 of 30
525+notice shall be sent to abutters only at least fourteen (14) days before the hearing. 1
526+(5) Public improvement guarantees. Proposed arrangements for completion of the 2
527+required public improvements, including construction schedule and/or financial guarantees, shall 3
528+be reviewed and approved by the planning board at preliminary plan approval. 4
529+(6) Decision. A complete application for a major subdivision or development plan shall be 5
530+approved, approved with conditions, or denied, in accordance with the requirements of §§ 45-23-6
531+60 and 45-23-63, within ninety (90) days of the date when it is certified complete, or within a 7
532+further amount of time that may be consented to by the developer through the submission of a 8
533+written waiver. Provided that, the timeframe for decision is automatically extended if evidence of 9
534+state permits has not been provided, or otherwise waived in accordance with this section. 10
535+(7) Failure to act. Failure of the planning board to act within the prescribed period 11
536+constitutes approval of the preliminary plan, and a certificate of the administrative officer as to the 12
537+failure of the planning board to act within the required time and the resulting approval shall be 13
538+issued on request of the applicant. 14
539+(8) Vesting. The approved preliminary plan is vested for a period of two (2) years with the 15
540+right to extend for two (2), one-year extensions upon written request by the applicant, who must 16
541+appear before the planning board for each annual review and provide proof of valid state or federal 17
542+permits as applicable. Thereafter, vesting may be extended for a longer period, for good cause 18
543+shown, if requested, in writing by the applicant, and approved by the planning board. The vesting 19
544+for the preliminary plan approval includes all general and specific conditions shown on the 20
545+approved preliminary plan drawings and supporting material. 21
546+(e) Final plan. 22
547+(1) Submission requirements. 23
548+(i) The applicant shall submit to the administrative officer the items required by the local 24
549+regulations for the final plan, as well as all material required by the planning board when the 25
550+application was given preliminary approval. 26
551+(ii) Arrangements for completion of the required public improvements, including 27
552+construction schedule and/or financial guarantees. 28
553+(iii) Certification by the tax collector that all property taxes are current. 29
554+(iv) For phased projects, the final plan for phases following the first phase, shall be 30
555+accompanied by copies of as-built drawings not previously submitted of all existing public 31
556+improvements for prior phases. 32
557+(v) Prior to approval of the final plan, copies of all legal documents describing the property, 33
558+proposed easements, and rights-of-way. 34
560559
561560
562-LC002154/SUB A - Page 16 of 32
563-(1) Submission requirements. 1
564-(i) The applicant shall first submit to the administrative officer the items required by the 2
565-local regulations for preliminary plans. 3
566-(ii) Requirements for the preliminary plan and supporting materials for this phase of the 4
567-review include, but are not limited to: engineering plans depicting the existing site conditions, 5
568-engineering plans depicting the proposed development project, and a perimeter survey. 6
569-(iii) At the preliminary plan review phase, the administrative officer shall solicit final, 7
570-written comments and/or approvals of the department of public works, the city or town engineer, 8
571-the city or town solicitor, other local government departments, commissions, or authorities as 9
572-appropriate. 10
573-(iv) Prior to approval of the preliminary plan, copies of all legal documents describing the 11
574-property, proposed easements, and rights-of-way. 12
575-(v) Prior to approval of the preliminary plan, an applicant must submit all permits required 13
576-by state or federal agencies, including permits related to freshwater wetlands, the coastal zone, 14
577-floodplains, preliminary suitability for individual septic disposal systems, public water systems, 15
578-and connections to state roads. For a state permit from the Rhode Island department of 16
579-transportation, a letter evidencing the issuance of such a permit upon the submission of a bond and 17
580-insurance is sufficient, but such actual permit shall be required prior to the issuance of a building 18
581-permit. 19
582-(vi)(iv) If the applicant is requesting alteration of any variances and/or special-use permits 20
583-granted by the planning board or commission at the master plan stage of review pursuant to adopted 21
584-unified development review provisions, and/or any new variances and/or special-use permits, such 22
585-requests and all supporting documentation shall be included as part of the preliminary plan 23
586-application materials, pursuant to § 45-23-50.1(b). 24
587-(2) Certification. The application will be certified as complete or incomplete by the 25
588-administrative officer within twenty-five (25) days, according to the provisions of § 45-23-36(c) so 26
589-long as a completed checklist of requirements is provided with the submission. The running of the 27
590-time period set forth herein will be deemed stopped upon the issuance of a certificate of 28
591-incompleteness of the application by the administrative officer and will recommence upon the 29
592-resubmission of a corrected application by the applicant. However, in no event shall the 30
593-administrative officer be required to certify a corrected submission as complete or incomplete less 31
594-than ten (10) days after its resubmission. 32
595-(3) Technical review committee. To the extent the community utilizes a technical review 33
596-committee, it shall review the application prior to the first planning board meeting and shall 34
561+LC002154 - Page 16 of 30
562+(vi) Prior to approval of the final plan, an applicant must submit all permits required by 1
563+state or federal agencies, including permits related to freshwater wetlands, the coastal zone, 2
564+floodplains, preliminary suitability for individual septic disposal systems, public water systems, 3
565+and connections to state roads. For a state permit from the department of transportation, a letter 4
566+evidencing the issuance of such a permit upon the submission of a bond and insurance is sufficient, 5
567+but such actual permit shall be required prior to the issuance of a building permit. 6
568+(2) Certification. The application for final plan approval shall be certified complete or 7
569+incomplete by the administrative officer in writing, within fifteen (15) days, according to the 8
570+provisions of § 45-23-36(c) so long as a completed checklist of requirements is provided with the 9
571+submission. This time period may be extended to twenty-five (25) days by written notice from the 10
572+administrative officer to the applicant where the final plans contain changes to or elements not 11
573+included in the preliminary plan approval. The running of the time period set forth herein shall be 12
574+deemed stopped upon the issuance of a certificate of incompleteness of the application by the 13
575+administrative officer and shall recommence upon the resubmission of a corrected application by 14
576+the applicant. However, in no event shall the administrative officer be required to certify a corrected 15
577+submission as complete or incomplete less than ten (10) days after its resubmission. If the 16
578+administrative officer certifies the application as complete and does not require submission to the 17
579+planning board as per subsection (c) of this section, the final plan shall be considered approved. 18
580+(3) Decision. The administrative officer, or, if referred to it, the planning board, shall 19
581+review, grant, grant with conditions, or deny final plan approval. A decision shall be issued within 20
582+forty-five (45) days after the certification of completeness, or within a further amount of time that 21
583+may be consented to by the applicant, to approve or deny the final plan as submitted. 22
584+(4) Failure to act. Failure of the administrative officer, or, if referred to it, the planning 23
585+board to act within the prescribed period constitutes approval of the final plan, and a certificate of 24
586+the administrative officer as to the failure of the planning board to act within the required time and 25
587+the resulting approval shall be issued on request of the applicant. 26
588+(5) Expiration of approval. The final approval of a major subdivision or land development 27
589+project expires one year two (2) years from the date of approval with the right to extend for one 28
590+year upon written request by the applicant, who must appear before the planning board for the 29
591+annual review, unless, within that period, the plat or plan has been submitted for signature and 30
592+recording as specified in § 45-23-64. Thereafter, the planning board may, for good cause shown, 31
593+extend the period for recording. 32
594+(6) Acceptance of public improvements. Signature and recording as specified in § 45-23-33
595+64 constitute the acceptance by the municipality of any street or other public improvement or other 34
597596
598597
599-LC002154/SUB A - Page 17 of 32
600-comment and make recommendations to the planning board. 1
601-(4) Public notice. Prior to the first planning board meeting on the preliminary plan, public 2
602-notice shall be sent to abutters only at least fourteen (14) days before the hearing. 3
603-(5) Public improvement guarantees. Proposed arrangements for completion of the 4
604-required public improvements, including construction schedule and/or financial guarantees, shall 5
605-be reviewed and approved by the planning board at preliminary plan approval. 6
606-(6) Decision. A complete application for a major subdivision or development plan shall be 7
607-approved, approved with conditions, or denied, in accordance with the requirements of §§ 45-23-8
608-60 and 45-23-63, within ninety (90) days of the date when it is certified complete, or within a 9
609-further amount of time that may be consented to by the developer through the submission of a 10
610-written waiver. Provided that, the timeframe for decision is automatically extended if evidence of 11
611-state permits has not been provided, or otherwise waived in accordance with this section. 12
612-(7) Failure to act. Failure of the planning board to act within the prescribed period 13
613-constitutes approval of the preliminary plan, and a certificate of the administrative officer as to the 14
614-failure of the planning board to act within the required time and the resulting approval shall be 15
615-issued on request of the applicant. 16
616-(8) Vesting. The approved preliminary plan is vested for a period of two (2) years with the 17
617-right to extend for two (2), one-year extensions upon written request by the applicant, who must 18
618-appear before the planning board for each annual review and provide proof of valid state or federal 19
619-permits as applicable. Thereafter, vesting may be extended for a longer period, for good cause 20
620-shown, if requested, in writing by the applicant, and approved by the planning board. The vesting 21
621-for the preliminary plan approval includes all general and specific conditions shown on the 22
622-approved preliminary plan drawings and supporting material. 23
623-(e) Final plan. 24
624-(1) Submission requirements. 25
625-(i) The applicant shall submit to the administrative officer the items required by the local 26
626-regulations for the final plan, as well as all material required by the planning board when the 27
627-application was given preliminary approval. 28
628-(ii) Arrangements for completion of the required public improvements, including 29
629-construction schedule and/or financial guarantees. 30
630-(iii) Certification by the tax collector that all property taxes are current. 31
631-(iv) For phased projects, the final plan for phases following the first phase, shall be 32
632-accompanied by copies of as-built drawings not previously submitted of all existing public 33
633-improvements for prior phases. 34
598+LC002154 - Page 17 of 30
599+land intended for dedication. Final plan approval shall not impose any duty upon the municipality 1
600+to maintain or improve those dedicated areas until the governing body of the municipality accepts 2
601+the completed public improvements as constructed in compliance with the final plans. 3
602+(7) Validity of recorded plans. The approved final plan, once recorded, remains valid as 4
603+the approved plan for the site unless and until an amendment to the plan is approved under the 5
604+procedure stated in § 45-23-65, or a new plan is approved by the planning board. 6
605+(f) Modifications and changes to approved plans. 7
606+(1) Minor changes, as defined in the local regulations, to the plans approved at any stage 8
607+may be approved administratively, by the administrative officer. The changes may be authorized 9
608+without an additional planning board meeting. All changes shall be made part of the permanent 10
609+record of the project application. This provision does not prohibit the administrative officer from 11
610+requesting recommendation from either the technical review committee or the permitting authority. 12
611+Denial of the proposed change(s) shall be referred to the planning board for review as a major 13
612+change. 14
613+(2) Major changes, as defined in the local regulations, to the plans approved at any stage 15
614+may be approved only by the planning board and must include a public hearing. 16
615+(3) The administrative officer shall notify the applicant in writing within fourteen (14) days 17
616+of submission of the written request for a change if the administrative officer determines the change 18
617+to be a major change of the approved plans. 19
618+(g) Appeal. Decisions under this section shall be considered an appealable decision 20
619+pursuant to § 45-23-71. 21
620+45-23-57. Administration — The board of appeal. 22
621+The city or town council shall establish the city or town zoning board of review as the 23
622+board of appeal to hear appeals of decisions of the planning board or the administrative officer on 24
623+administrative matters, of review and approval of land development and subdivision projects 25
624+interpretations and determinations made pursuant to § 45-23-36. This section shall not apply to 26
625+decisions of the administrative officer made pursuant to §§ 45-23-38 or 45-23-50 which approve 27
626+or deny an application. 28
627+45-23-60. Procedure — Required findings. 29
628+(a) All local regulations shall require that for all administrative, minor, and major 30
629+development applications the approving authorities responsible for land development and 31
630+subdivision review and approval shall address each of the general purposes stated in § 45-23-30 32
631+and make positive findings on the following standard provisions, as part of the proposed project’s 33
632+record prior to approval: 34
634633
635634
636-LC002154/SUB A - Page 18 of 32
637-(v) Prior to approval of the final plan, copies of all legal documents describing the property, 1
638-proposed easements, and rights-of-way. 2
639-(vi) Prior to approval of the final plan, an applicant must submit all permits required by 3
640-state or federal agencies, including permits related to freshwater wetlands, the coastal zone, 4
641-floodplains, preliminary suitability for individual septic disposal systems, public water systems, 5
642-and connections to state roads. For a state permit from the department of transportation, a letter 6
643-evidencing the issuance of such a permit upon the submission of a bond and insurance is sufficient, 7
644-but such actual permit shall be required prior to the issuance of a building permit. 8
645-(2) Certification. The application for final plan approval shall be certified complete or 9
646-incomplete by the administrative officer in writing, within fifteen (15) days, according to the 10
647-provisions of § 45-23-36(c) so long as a completed checklist of requirements is provided with the 11
648-submission. This time period may be extended to twenty-five (25) days by written notice from the 12
649-administrative officer to the applicant where the final plans contain changes to or elements not 13
650-included in the preliminary plan approval. The running of the time period set forth herein shall be 14
651-deemed stopped upon the issuance of a certificate of incompleteness of the application by the 15
652-administrative officer and shall recommence upon the resubmission of a corrected application by 16
653-the applicant. However, in no event shall the administrative officer be required to certify a corrected 17
654-submission as complete or incomplete less than ten (10) days after its resubmission. If the 18
655-administrative officer certifies the application as complete and does not require submission to the 19
656-planning board as per subsection (c) of this section, the final plan shall be considered approved. 20
657-(3) Decision. The administrative officer, or, if referred to it, the planning board, shall 21
658-review, grant, grant with conditions, or deny final plan approval. A decision shall be issued within 22
659-forty-five (45) days after the certification of completeness, or within a further amount of time that 23
660-may be consented to by the applicant, to approve or deny the final plan as submitted. 24
661-(4) Failure to act. Failure of the administrative officer, or, if referred to it, the planning 25
662-board to act within the prescribed period constitutes approval of the final plan, and a certificate of 26
663-the administrative officer as to the failure of the planning board to act within the required time and 27
664-the resulting approval shall be issued on request of the applicant. 28
665-(5) Expiration of approval. The final approval of a major subdivision or land development 29
666-project expires one year two (2) years from the date of approval with the right to extend for one 30
667-year upon written request by the applicant, who must appear before the planning board for the 31
668-annual review, unless, within that period, the plat or plan has been submitted for signature and 32
669-recording as specified in § 45-23-64. Thereafter, the planning board may, for good cause shown, 33
670-extend the period for recording. 34
635+LC002154 - Page 18 of 30
636+(1) The proposed development is consistent with the comprehensive community plan 1
637+and/or has satisfactorily addressed the issues where there may be inconsistencies; 2
638+(2) The proposed development is in compliance with the standards and provisions of the 3
639+municipality’s zoning ordinance or has obtained relief from the same, or another provision of this 4
640+chapter that exempts compliance with a specific provision or standard; 5
641+(3) There will be no significant negative environmental impacts from the proposed 6
642+development as shown on the final plan, with all required conditions for approval; 7
643+(4) The subdivision, as proposed, will not result in the creation of individual lots with any 8
644+physical constraints to development that building on those lots according to pertinent regulations 9
645+and building standards would be impracticable. (See definition of Buildable lot). Lots with physical 10
646+constraints to development may be created only if identified as permanent open space or 11
647+permanently reserved for a public purpose on the approved, recorded plans; and 12
648+(5) All proposed land developments and all subdivision lots have adequate physical and 13
649+permanent physical access to a public street. Lot frontage on a public street without physical access 14
650+shall not be considered in compliance with this requirement unless there are local zoning ordinance 15
651+provisions allowing exceptions to this requirement or the applicant has obtained the required relief 16
652+from this provision. 17
653+(b) Except for administrative subdivisions, findings of fact must be supported by legally 18
654+competent evidence on the record which discloses the nature and character of the observations upon 19
655+which the fact finders acted. 20
656+45-23-71. Appeals to the superior court. 21
657+(a) An aggrieved party may appeal a decision of the board of appeal; a decision of an 22
658+administrative officer made pursuant to § 45-23-38 or § 45-23-50 where authorized to approve or 23
659+deny an application; a decision of the technical review committee where authorized to approve or 24
660+deny an application; or a decision of the planning board, to the superior court for the county in 25
661+which the municipality is situated by filing a complaint stating the reasons for the appeal within 26
662+twenty (20) days after the decision has been recorded and posted in the office of the city or town 27
663+clerk. Recommendations by any public body or officer under this chapter are not appealable under 28
664+this section. The authorized permitting authority shall file the original documents acted upon by it 29
665+and constituting the record of the case appealed from, or certified copies of the original documents, 30
666+together with any other facts that may be pertinent, with the clerk of the court within thirty (30) 31
667+days after being served with a copy of the complaint. When the complaint is filed by someone other 32
668+than the original applicant or appellant, the original applicant or appellant and the planning board 33
669+permitting authority shall be made parties to the proceedings. No responsive pleading is required 34
671670
672671
673-LC002154/SUB A - Page 19 of 32
674-(6) Acceptance of public improvements. Signature and recording as specified in § 45-23-1
675-64 constitute the acceptance by the municipality of any street or other public improvement or other 2
676-land intended for dedication. Final plan approval shall not impose any duty upon the municipality 3
677-to maintain or improve those dedicated areas until the governing body of the municipality accepts 4
678-the completed public improvements as constructed in compliance with the final plans. 5
679-(7) Validity of recorded plans. The approved final plan, once recorded, remains valid as 6
680-the approved plan for the site unless and until an amendment to the plan is approved under the 7
681-procedure stated in § 45-23-65, or a new plan is approved by the planning board. 8
682-(f) Modifications and changes to approved plans. 9
683-(1) Minor changes, as defined in the local regulations, to the plans approved at any stage 10
684-may be approved administratively, by the administrative officer. The changes may be authorized 11
685-without an additional planning board meeting. All changes shall be made part of the permanent 12
686-record of the project application. This provision does not prohibit the administrative officer from 13
687-requesting recommendation from either the technical review committee or the permitting authority. 14
688-Denial of the proposed change(s) shall be referred to the planning board for review as a major 15
689-change. 16
690-(2) Major changes, as defined in the local regulations, to the plans approved at any stage 17
691-may be approved only by the planning board and must include a public hearing. 18
692-(3) The administrative officer shall notify the applicant in writing within fourteen (14) days 19
693-of submission of the written request for a change if the administrative officer determines the change 20
694-to be a major change of the approved plans. 21
695-(g) Appeal. Decisions under this section shall be considered an appealable decision 22
696-pursuant to § 45-23-71. 23
697-45-23-57. Administration — The board of appeal. 24
698-The city or town council shall establish the city or town zoning board of review as the 25
699-board of appeal to hear appeals of decisions of the planning board or the administrative officer on 26
700-administrative matters, of review and approval of land development and subdivision projects 27
701-interpretations and determinations made pursuant to § 45-23-36. This section shall not apply to 28
702-decisions of the administrative officer made pursuant to §§ 45-23-38 or 45-23-50 which approve 29
703-or deny an application. 30
704-45-23-60. Procedure — Required findings. 31
705-(a) Except as set forth in this section, all All local regulations shall require that for all 32
706-administrative, minor, and major development applications the approving authorities responsible 33
707-for land development and subdivision review and approval shall address each of the general 34
672+LC002154 - Page 19 of 30
673+for an appeal filed pursuant to this section. The appeal does not stay proceedings upon the decision 1
674+appealed from, but the court may, in its discretion, grant a stay on appropriate terms and make any 2
675+other orders that it deems necessary for an equitable disposition of the appeal. 3
676+(b) Appeals from a decision granting or denying approval of a final plan shall be limited to 4
677+elements of the approval or disapproval not contained in the decision reached by the planning board 5
678+at the preliminary stage; provided that, a public hearing has been held on the plan, if required 6
679+pursuant to this chapter. 7
680+(c) The review shall be conducted by the superior court without a jury. The court shall 8
681+consider the record of the hearing before the planning board board of appeal or permitting authority, 9
682+as applicable and, if it appears to the court that additional evidence is necessary for the proper 10
683+disposition of the matter, it may allow any party to the appeal to present evidence in open court, 11
684+which evidence, along with the report, shall constitute the record upon which the determination of 12
685+the court shall be made. 13
686+(d) The court shall not substitute its judgment for that of the planning board of appeal or 14
687+permitting authority as applicable as to the weight of the evidence on questions of fact. The court 15
688+may affirm the decision of the board of appeal or permitting authority, as applicable or remand the 16
689+case for further proceedings, or may reverse or modify the decision if substantial rights of the 17
690+appellant have been prejudiced because of findings, inferences, conclusions, or decisions that are: 18
691+(1) In violation of constitutional, statutory, ordinance, or planning board regulations 19
692+provisions; 20
693+(2) In excess of the authority granted to the planning board by statute or ordinance; 21
694+(3) Made upon unlawful procedure; 22
695+(4) Affected by other error of law; 23
696+(5) Clearly erroneous in view of the reliable, probative, and substantial evidence of the 24
697+whole record; or 25
698+(6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted 26
699+exercise of discretion. 27
700+SECTION 3. Sections 45-24-37, 45-24-38, 45-24-46, 45-24-46.1, 45-24-46.4 and 45-24-28
701+77 of the General Laws in Chapter 45-24 entitled "Zoning Ordinances" are hereby amended to read 29
702+as follows: 30
703+45-24-37. General provisions — Permitted uses. 31
704+(a) The zoning ordinance shall provide a listing of all land uses and/or performance 32
705+standards for uses that are permitted within the zoning use districts of the municipality. The 33
706+ordinance may provide for a procedure under which a proposed land use that is not specifically 34
708707
709708
710-LC002154/SUB A - Page 20 of 32
711-purposes stated in § 45-23-30 and make positive findings on the following standard provisions, as 1
712-part of the proposed project’s record prior to approval: 2
713-(1) The proposed development is consistent with the comprehensive community plan 3
714-and/or has satisfactorily addressed the issues where there may be inconsistencies; 4
715-(2) The proposed development is in compliance with the standards and provisions of the 5
716-municipality’s zoning ordinance or has obtained relief from the same, or another provision of this 6
717-chapter that exempts compliance with a specific provision or standard; 7
718-(3) There will be no significant negative environmental impacts from the proposed 8
719-development as shown on the final plan, with all required conditions for approval; 9
720-(4) The subdivision, as proposed, will not result in the creation of individual lots with any 10
721-physical constraints to development that building on those lots according to pertinent regulations 11
722-and building standards would be impracticable. (See definition of Buildable lot). Lots with physical 12
723-constraints to development may be created only if identified as permanent open space or 13
724-permanently reserved for a public purpose on the approved, recorded plans; and 14
725-(5) All proposed land developments and all subdivision lots have adequate physical and 15
726-permanent physical access to a public street. Lot frontage on a public street without physical access 16
727-shall not be considered in compliance with this requirement unless there are local zoning ordinance 17
728-provisions allowing exceptions to this requirement or the applicant has obtained the required relief 18
729-from this provision. 19
730-(b) Except for administrative subdivisions, findings of fact must be supported by legally 20
731-competent evidence on the record which discloses the nature and character of the observations upon 21
732-which the fact finders acted. 22
733-(c) Minor subdivisions subject to administrative review and approval only, as set forth in 23
734-§ 45-23-38(a)(2) shall only be subject to the standard provisions set forth in subsections (a)(1), 24
735-(a)(2) and (a)(5) of this section. 25
736-45-23-71. Appeals to the superior court. 26
737-(a) An aggrieved party may appeal a decision of the board of appeal; a decision of an 27
738-administrative officer made pursuant to § 45-23-38 or § 45-23-50 where authorized to approve or 28
739-deny an application; a decision of the technical review committee where authorized to approve or 29
740-deny an application; or a decision of the planning board, to the superior court for the county in 30
741-which the municipality is situated by filing a complaint stating the reasons for the appeal within 31
742-twenty (20) days after the decision has been recorded and posted in the office of the city or town 32
743-clerk. Recommendations by any public body or officer under this chapter are not appealable under 33
744-this section. The authorized permitting authority shall file the original documents acted upon by it 34
709+LC002154 - Page 20 of 30
710+listed may be presented by the property owner to the zoning board of review or to a local official 1
711+or agency charged with administration and enforcement of the ordinance for an evaluation and 2
712+determination of whether the proposed use is of a similar type, character, and intensity as a listed 3
713+permitted use. Upon such determination, the proposed use may be considered to be a permitted use. 4
714+(b) Notwithstanding any other provision of this chapter, the following uses are permitted 5
715+uses within all residential zoning use districts of a municipality and all industrial and commercial 6
716+zoning use districts except where residential use is prohibited for public health or safety reasons: 7
717+(1) Households; 8
718+(2) Community residences; and 9
719+(3) Family daycare homes. 10
720+(c) Any time a building or other structure used for residential purposes, or a portion of a 11
721+building containing residential units, is rendered uninhabitable by virtue of a casualty such as fire 12
722+or flood, the owner of the property is allowed to park, temporarily, mobile and manufactured home, 13
723+or homes, as the need may be, elsewhere upon the land, for use and occupancy of the former 14
724+occupants for a period of up to twelve (12) months, or until the building or structure is rehabilitated 15
725+and otherwise made fit for occupancy. The property owner, or a properly designated agent of the 16
726+owner, is only allowed to cause the mobile and manufactured home, or homes, to remain 17
727+temporarily upon the land by making timely application to the local building official for the 18
728+purposes of obtaining the necessary permits to repair or rebuild the structure. 19
729+(d) Notwithstanding any other provision of this chapter, appropriate access for people with 20
730+disabilities to residential structures is allowed as a reasonable accommodation for any person(s) 21
731+residing, or intending to reside, in the residential structure. 22
732+(e) Notwithstanding any other provision of this chapter, an accessory dwelling unit 23
733+(“ADU”) that meets the requirements of §§ 45-24-31 and 45-24-73(a) shall be a permitted use in 24
734+all residential zoning districts. An ADU that meets the requirements of §§ 45-24-31 and 45-24-25
735+73(a) shall be permitted through an administrative building permit process only. 26
736+(f) When used in this section the terms “people with disabilities” or “member, or members, 27
737+with disabilities” means a person(s) who has a physical or mental impairment that substantially 28
738+limits one or more major life activities, as defined in 42-87-1(5). 29
739+(g) Notwithstanding any other provisions of this chapter, plant agriculture is a permitted 30
740+use within all zoning districts of a municipality, including all industrial and commercial zoning 31
741+districts, except where prohibited for public health or safety reasons or the protection of wildlife 32
742+habitat. 33
743+(h) Adaptive reuse. Notwithstanding any other provisions of this chapter, adaptive reuse 34
745744
746745
747-LC002154/SUB A - Page 21 of 32
748-and constituting the record of the case appealed from, or certified copies of the original documents, 1
749-together with any other facts that may be pertinent, with the clerk of the court within thirty (30) 2
750-days after being served with a copy of the complaint. When the complaint is filed by someone other 3
751-than the original applicant or appellant, the original applicant or appellant and the planning board 4
752-permitting authority shall be made parties to the proceedings. No responsive pleading is required 5
753-for an appeal filed pursuant to this section. The appeal does not stay proceedings upon the decision 6
754-appealed from, but the court may, in its discretion, grant a stay on appropriate terms and make any 7
755-other orders that it deems necessary for an equitable disposition of the appeal. 8
756-(b) Appeals from a decision granting or denying approval of a final plan shall be limited to 9
757-elements of the approval or disapproval not contained in the decision reached by the planning board 10
758-at the preliminary stage; provided that, a public hearing has been held on the plan, if required 11
759-pursuant to this chapter. 12
760-(c) The review shall be conducted by the superior court without a jury. The court shall 13
761-consider the record of the hearing before the planning board board of appeal or permitting authority, 14
762-as applicable and, if it appears to the court that additional evidence is necessary for the proper 15
763-disposition of the matter, it may allow any party to the appeal to present evidence in open court, 16
764-which evidence, along with the report, shall constitute the record upon which the determination of 17
765-the court shall be made. 18
766-(d) The court shall not substitute its judgment for that of the planning board of appeal or 19
767-permitting authority as applicable as to the weight of the evidence on questions of fact. The court 20
768-may affirm the decision of the board of appeal or permitting authority, as applicable or remand the 21
769-case for further proceedings, or may reverse or modify the decision if substantial rights of the 22
770-appellant have been prejudiced because of findings, inferences, conclusions, or decisions that are: 23
771-(1) In violation of constitutional, statutory, ordinance, or planning board regulations 24
772-provisions; 25
773-(2) In excess of the authority granted to the planning board by statute or ordinance; 26
774-(3) Made upon unlawful procedure; 27
775-(4) Affected by other error of law; 28
776-(5) Clearly erroneous in view of the reliable, probative, and substantial evidence of the 29
777-whole record; or 30
778-(6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted 31
779-exercise of discretion. 32
780-SECTION 4. Sections 45-24-37, 45-24-38, 45-24-46, 45-24-46.1, 45-24-46.4 and 45-24-33
781-77 of the General Laws in Chapter 45-24 entitled "Zoning Ordinances" are hereby amended to read 34
746+LC002154 - Page 21 of 30
747+for the conversion of any commercial building, including offices, schools, religious facilities, 1
748+medical buildings, mills, and malls into residential units or mixed-use developments which include 2
749+the development of at least fifty percent (50%) of the existing gross floor area into residential units, 3
750+shall be a permitted use and allowed by specific and objective provisions of a zoning ordinance, 4
751+except where. 5
752+(1) Prohibitions. Adaptive reuse under this section shall not be allowed where: 6
753+(i) Residential use such is prohibited by environmental land use restrictions recorded on 7
754+the property by the state of Rhode Island department of environmental management or the United 8
755+States Environmental Protection Agency preventing the conversion to residential use. 9
756+(ii) In any industrial or manufacturing zoning use district, or a portion thereof, where 10
757+residential use is prohibited for public health and safety reasons which are based on specific and 11
758+detailed findings; 12
759+(iii) In any building previously used for industrial or manufacturing use(s), which has not 13
760+been vacant of an industrial use for less than one year prior to the submission of the permit or 14
761+application for adaptive reuse. 15
762+(1) The specific zoning ordinance provisions for adaptive reuse shall exempt adaptive reuse 16
763+developments from off-street parking requirements of over one space per dwelling unit. 17
764+(2) Density. 18
765+Provided that all minimum building, rehabilitation and fire code requirements are met for 19
766+all residential units, as applicable; and provided that, not less than ten percent (10%) of low- or 20
767+moderate-income housing is provided, the local zoning ordinance shall not specify any maximum 21
768+density of residential units. If less than ten percent (10%) of low- or moderate-income housing is 22
769+provided, then the allowable maximum density shall be determined by the municipality; provided 23
770+that ,if less than four (4) units in total are created, then no low- and moderate-income housing is 24
771+required. 25
772+(3) Dimensional Requirements. 26
773+(i) Building envelope. Unless a local zoning ordinance allows otherwise, the development 27
774+shall be limited to the existing building envelope, except that the envelope is allowed to be 28
775+expanded to accommodate upgrades of non-occupiable space related to the building and fire codes 29
776+and utilities such as HVAC equipment, stairs, and elevators. 30
777+(ii) Parking. A local zoning ordinance shall not require a development under this section to 31
778+provide more than one off-street parking space for the first two (2) bedrooms of any dwelling unit 32
779+and shall not require more than one off street parking space for any additional bedroom beyond the 33
780+second bedroom in any dwelling unit 34
782781
783782
784-LC002154/SUB A - Page 22 of 32
785-as follows: 1
786-45-24-37. General provisions — Permitted uses. 2
787-(a) The zoning ordinance shall provide a listing of all land uses and/or performance 3
788-standards for uses that are permitted within the zoning use districts of the municipality. The 4
789-ordinance may provide for a procedure under which a proposed land use that is not specifically 5
790-listed may be presented by the property owner to the zoning board of review or to a local official 6
791-or agency charged with administration and enforcement of the ordinance for an evaluation and 7
792-determination of whether the proposed use is of a similar type, character, and intensity as a listed 8
793-permitted use. Upon such determination, the proposed use may be considered to be a permitted use. 9
794-(b) Notwithstanding any other provision of this chapter, the following uses are permitted 10
795-uses within all residential zoning use districts of a municipality and all industrial and commercial 11
796-zoning use districts except where residential use is prohibited for public health or safety reasons: 12
797-(1) Households; 13
798-(2) Community residences; and 14
799-(3) Family daycare homes. 15
800-(c) Any time a building or other structure used for residential purposes, or a portion of a 16
801-building containing residential units, is rendered uninhabitable by virtue of a casualty such as fire 17
802-or flood, the owner of the property is allowed to park, temporarily, mobile and manufactured home, 18
803-or homes, as the need may be, elsewhere upon the land, for use and occupancy of the former 19
804-occupants for a period of up to twelve (12) months, or until the building or structure is rehabilitated 20
805-and otherwise made fit for occupancy. The property owner, or a properly designated agent of the 21
806-owner, is only allowed to cause the mobile and manufactured home, or homes, to remain 22
807-temporarily upon the land by making timely application to the local building official for the 23
808-purposes of obtaining the necessary permits to repair or rebuild the structure. 24
809-(d) Notwithstanding any other provision of this chapter, appropriate access for people with 25
810-disabilities to residential structures is allowed as a reasonable accommodation for any person(s) 26
811-residing, or intending to reside, in the residential structure. 27
812-(e) Notwithstanding any other provision of this chapter, an accessory dwelling unit 28
813-(“ADU”) that meets the requirements of §§ 45-24-31 and 45-24-73(a) shall be a permitted use in 29
814-all residential zoning districts. An ADU that meets the requirements of §§ 45-24-31 and 45-24-30
815-73(a) shall be permitted through an administrative building permit process only. 31
816-(f) When used in this section the terms “people with disabilities” or “member, or members, 32
817-with disabilities” means a person(s) who has a physical or mental impairment that substantially 33
818-limits one or more major life activities, as defined in 42-87-1(5). 34
783+LC002154 - Page 22 of 30
784+(i) For projects that meet the following criteria, zoning ordinances shall allow for high 1
785+density development and shall not limit the density to less than fifteen (15) dwelling units per acre: 2
786+(A) Where the project is limited to the existing footprint, except that the footprint is allowed 3
787+to be expanded to accommodate upgrades related to the building and fire codes and utilities; and 4
788+(B) The development includes at least twenty percent (20%) low- and moderate-income 5
789+housing; and 6
790+(C) The development has access to public sewer and water service or has access to adequate 7
791+private water, such as a well and and/or wastewater treatment system(s) approved by the relevant 8
792+state agency for the entire development as applicable. 9
793+(ii) For all other adaptive reuse projects, the residential density permitted in the converted 10
794+structure shall be the maximum allowed that otherwise meets all standards of minimum housing 11
795+and has access to public sewer and water service or has access to adequate private water, such as a 12
796+well, and wastewater treatment system(s) approved by the relevant state agency for the entire 13
797+development, as applicable. The density proposed shall be determined to meet all public health and 14
798+safety standards. 15
799+(3)(iii) Existing setbacks. Notwithstanding any other provisions of this chapter, for 16
800+adaptive reuse projects, existing building setbacks shall remain and shall be considered legal 17
801+nonconforming, but no additional encroachments shall be permitted into any nonconforming 18
802+setback, unless otherwise allowed by local zoning ordinance or relief is granted by the applicable 19
803+authority. 20
804+(4)(iv) Height. For adaptive reuse projects, notwithstanding any other provisions of this 21
805+chapter, the height of the existing structure, if it exceeds the maximum height of the zoning district, 22
806+may remain and shall be considered legal nonconforming, and any non-occupiable rooftop 23
807+construction such as HVAC equipment and stairs or elevator towers, but excluding rooftop decks, 24
808+shall be included within the height exemption. 25
809+(4) Water and sewer. The development shall have access to public water and sewer services 26
810+or shall have access to adequate private water, such as a well(s) and and/or on-site wastewater 27
811+treatment system(s) approved by the relevant state agency. 28
812+(i) Notwithstanding any other provisions of this chapter, all towns and cities may shall 29
813+allow manufactured homes that comply with § 23-27.3-109.1.3 as a type of single-family home on 30
814+any lot zoned for single-family use. Such home shall comply with all dimensional requirements of 31
815+a single-family home in the district or seek relief for the same under the provisions of this chapter. 32
816+45-24-38. General provisions — Substandard lots of record. 33
817+(a) Any city or town adopting or amending a zoning ordinance under this chapter shall 34
819818
820819
821-LC002154/SUB A - Page 23 of 32
822-(g) Notwithstanding any other provisions of this chapter, plant agriculture is a permitted 1
823-use within all zoning districts of a municipality, including all industrial and commercial zoning 2
824-districts, except where prohibited for public health or safety reasons or the protection of wildlife 3
825-habitat. 4
826-(h) Adaptive reuse. Notwithstanding any other provisions of this chapter, adaptive reuse 5
827-for the conversion of any commercial building, including offices, schools, religious facilities, 6
828-medical buildings, mills, and malls into residential units or mixed-use developments which include 7
829-the development of at least fifty percent (50%) of the existing gross floor area into residential units, 8
830-shall be a permitted use and allowed by specific and objective provisions of a zoning ordinance, 9
831-except where. 10
832-(1) Prohibitions. Adaptive reuse under this section shall not be allowed where: 11
833-(i) Residential use such is prohibited by environmental land use restrictions recorded on 12
834-the property by the state of Rhode Island department of environmental management or the United 13
835-States Environmental Protection Agency preventing the conversion to residential use. 14
836-(ii) In any industrial or manufacturing zoning use district, or a portion thereof, where 15
837-residential use is prohibited for public health and safety reasons which are based on specific and 16
838-detailed findings; 17
839-(iii) In any building previously used for industrial or manufacturing use(s), which has not 18
840-been vacant of an industrial use for less than one year prior to the submission of the permit or 19
841-application for adaptive reuse. 20
842-(1) The specific zoning ordinance provisions for adaptive reuse shall exempt adaptive reuse 21
843-developments from off-street parking requirements of over one space per dwelling unit. 22
844-(2) Density. 23
845-Provided that all minimum building, rehabilitation and fire code requirements are met for 24
846-all residential units, as applicable; and provided that, for projects with more than four (4) residential 25
847-units, not less than ten percent (10%) of low- or moderate-income housing is provided, the local 26
848-zoning ordinance shall not specify any maximum density of residential units. If less than ten percent 27
849-(10%) of low- or moderate-income housing is provided, then the allowable maximum density shall 28
850-be determined by the municipality. 29
851-(3) Dimensional Requirements. 30
852-(i) Building envelope. Unless a local zoning ordinance allows otherwise, the development 31
853-shall be limited to the existing building envelope, except that the envelope is allowed to be 32
854-expanded to accommodate upgrades of non-occupiable space related to the building and fire codes 33
855-and utilities such as HVAC equipment, stairs, and elevators. 34
820+LC002154 - Page 23 of 30
821+regulate the development of any single substandard lot of record or contiguous lots of record at the 1
822+effective date of adoption or amendment of the zoning ordinance. 2
823+(b) Notwithstanding the failure of that lot or those lots to meet the dimensional and/or 3
824+quantitative requirements, and/or road frontage or other access requirements, applicable in the 4
825+district as stated in the ordinance, a substandard lot of record shall not be required to seek any 5
826+zoning relief based solely on the failure to meet minimum lot size requirements of the district in 6
827+which such lot is located. For any structure proposed under this section on a substandard lot of 7
828+record, the following dimensional regulations shall apply: 8
829+(1) Minimum building setbacks, lot frontage, and lot width requirements for a lot that is 9
830+nonconforming in area shall be reduced by applying the building setback, lot frontage, and lot width 10
831+requirements from another zoning district in the municipality in which the subject lot would be 11
832+conforming as to lot area. If the subject lot is not conforming as to lot area in any zoning district in 12
833+the municipality, the setbacks, lot frontage, and lot width shall be reduced by the same proportion 13
834+that the area of such substandard lot meets the minimum lot area of the district in which the lot is 14
835+located. By way of example, if the lot area of a substandard lot only meets forty percent (40%) of 15
836+the minimum lot area required in the district in which it is located, the setbacks, lot frontage, and 16
837+lot width shall each be reduced to forty percent (40%) of the requirements for those dimensional 17
838+standards in the same district. However, to the extent the city or town has a zoning district in which 18
839+the lot would be conforming as to size, the city or town may require compliance with the building 19
840+setback, lot frontage, and lot width requirements for said zoning district if such requirement is in 20
841+the local zoning ordinance. 21
842+(2) Maximum lot building coverage for lots that are nonconforming in area shall be 22
843+increased by the inverse proportion that the area of such substandard lot meets the minimum area 23
844+requirements in the district in which the lot is located. By way of example, if the lot area of a 24
845+substandard lot only meets forty percent (40%) of the required minimum lot area, the maximum lot 25
846+building coverage is allowed to increase by sixty percent (60%) over the maximum permitted lot 26
847+building coverage in that district. 27
848+All proposals exceeding such reduced requirement shall proceed with a modification 28
849+request under § 45-24-46 or a dimensional variance request under § 45-24-41, whichever is 29
850+applicable. 30
851+(c) Provisions may be made for the merger of contiguous unimproved, or improved and 31
852+unimproved, substandard lots of record in the same ownership to create dimensionally conforming 32
853+lots or to reduce the extent of dimensional nonconformance. The ordinance shall specify the 33
854+standards, on a district by district basis, which determine the mergers. The standards shall include, 34
856855
857856
858-LC002154/SUB A - Page 24 of 32
859-(ii) Parking. A local zoning ordinance shall not require a development under this section to 1
860-provide more than one off-street parking space for the first two (2) bedrooms of any dwelling unit 2
861-and shall not require more than one off street parking space for any additional bedroom beyond the 3
862-second bedroom in any dwelling unit 4
863-(i) For projects that meet the following criteria, zoning ordinances shall allow for high 5
864-density development and shall not limit the density to less than fifteen (15) dwelling units per acre: 6
865-(A) Where the project is limited to the existing footprint, except that the footprint is allowed 7
866-to be expanded to accommodate upgrades related to the building and fire codes and utilities; and 8
867-(B) The development includes at least twenty percent (20%) low- and moderate-income 9
868-housing; and 10
869-(C) The development has access to public sewer and water service or has access to adequate 11
870-private water, such as a well and and/or wastewater treatment system(s) approved by the relevant 12
871-state agency for the entire development as applicable. 13
872-(ii) For all other adaptive reuse projects, the residential density permitted in the converted 14
873-structure shall be the maximum allowed that otherwise meets all standards of minimum housing 15
874-and has access to public sewer and water service or has access to adequate private water, such as a 16
875-well, and wastewater treatment system(s) approved by the relevant state agency for the entire 17
876-development, as applicable. The density proposed shall be determined to meet all public health and 18
877-safety standards. 19
878-(3)(iii) Existing setbacks. Notwithstanding any other provisions of this chapter, for 20
879-adaptive reuse projects, existing building setbacks shall remain and shall be considered legal 21
880-nonconforming, but no additional encroachments shall be permitted into any nonconforming 22
881-setback, unless otherwise allowed by local zoning ordinance or relief is granted by the applicable 23
882-authority. 24
883-(4)(iv) Height. For adaptive reuse projects, notwithstanding any other provisions of this 25
884-chapter, the height of the existing structure, if it exceeds the maximum height of the zoning district, 26
885-may remain and shall be considered legal nonconforming, and any non-occupiable rooftop 27
886-construction such as HVAC equipment and stairs or elevator towers, but excluding rooftop decks, 28
887-shall be included within the height exemption. 29
888-(4) Water and sewer. The development shall have access to public water and sewer services 30
889-or shall have access to adequate private water, such as a well(s) and and/or on-site wastewater 31
890-treatment system(s) approved by the relevant state agency. 32
891-(i) Notwithstanding any other provisions of this chapter, all towns and cities may shall 33
892-allow manufactured homes that comply with § 23-27.3-109.1.3 as a type of single-family home on 34
857+LC002154 - Page 24 of 30
858+but are not to be limited to, the availability of infrastructure, the character of the neighborhood, and 1
859+the consistency with the comprehensive plan. The merger of lots shall not be required when the 2
860+substandard lot of record has an area equal to or greater than the area of fifty percent (50%) of the 3
861+lots within two hundred feet (200′) of the subject lot, as confirmed by the zoning enforcement 4
862+officer. 5
863+45-24-46. Special provisions — Modification. 6
864+(a) A zoning ordinance shall provide for the issuance of modifications from the literal 7
865+dimensional requirements of the zoning ordinance in the instance of the construction, alteration, or 8
866+structural modification of a structure or lot of record. The zoning enforcement officer is authorized 9
867+to grant modification permits. The zoning ordinance shall permit modifications that are fifteen 10
868+percent (15%) or less of the any dimensional requirements specified in the zoning ordinance but 11
869+may permit modification up to twenty-five percent (25%). A modification does not permit moving 12
870+of lot lines. Within ten (10) days of the receipt of a request for a modification, the zoning 13
871+enforcement officer shall make a decision as to the suitability of the requested modification based 14
872+on the following determinations: 15
873+(1) The modification requested is reasonably necessary for the full enjoyment of the 16
874+permitted use minimal to a reasonable enjoyment of the permitted use to which the property is 17
875+proposed to be devoted; 18
876+(2) If the modification is granted, neighboring property will neither be substantially injured 19
877+nor its appropriate use substantially impaired; 20
878+(3) The modification requested does not require a variance of a flood hazard requirement, 21
879+unless the building is built in accordance with applicable regulations; and 22
880+(4) The modification requested does not violate any rules or regulations with respect to 23
881+freshwater or coastal wetlands. 24
882+(b) Upon an affirmative determination, in the case of a modification of five percent (5%) 25
883+or less, the zoning enforcement officer shall have the authority to issue a permit approving the 26
884+modification, without any public notice requirements. In the case of a modification of greater than 27
885+five percent (5%), the zoning enforcement officer shall notify, by first class mail, all property 28
886+owners abutting the property which is the subject of the modification request, and shall indicate the 29
887+street address of the subject property in the notice, and shall publish in a newspaper of local 30
888+circulation within the city or town that the modification will be granted unless written objection by 31
889+anyone who is entitled to notice under this section is received within fourteen (14) days of the 32
890+public notice. If written objection is received within fourteen (14) days, the request for a 33
891+modification shall be scheduled for the next available hearing before the zoning board of review 34
893892
894893
895-LC002154/SUB A - Page 25 of 32
896-any lot zoned for single-family use. Such home shall comply with all dimensional requirements of 1
897-a single-family home in the district or seek relief for the same under the provisions of this chapter. 2
898-45-24-38. General provisions — Substandard lots of record. 3
899-(a) Any city or town adopting or amending a zoning ordinance under this chapter shall 4
900-regulate the development of any single substandard lot of record or contiguous lots of record at the 5
901-effective date of adoption or amendment of the zoning ordinance. 6
902-(b) Notwithstanding the failure of that lot or those lots to meet the dimensional and/or 7
903-quantitative requirements, and/or road frontage or other access requirements, applicable in the 8
904-district as stated in the ordinance, a substandard lot of record shall not be required to seek any 9
905-zoning relief based solely on the failure to meet minimum requirements for lot size requirements, 10
906-lot frontage, lot width or lot depth of the district in which such lot is located. For any structure 11
907-proposed under this section on a substandard lot of record, the following dimensional regulations 12
908-shall apply: 13
909-(1) Minimum building setbacks, lot frontage, and lot width requirements for a lot that is 14
910-nonconforming in area shall be reduced by applying the building setback, lot frontage, and lot width 15
911-requirements from another zoning district in the municipality in which the subject lot would be 16
912-conforming as to lot area. If the subject lot is not conforming as to lot area in any zoning district in 17
913-the municipality, the setbacks, lot frontage, and lot width shall be reduced by the same proportion 18
914-that the area of such substandard lot meets the minimum lot area of the district in which the lot is 19
915-located. By way of example, if the lot area of a substandard lot only meets forty percent (40%) of 20
916-the minimum lot area required in the district in which it is located, the setbacks, lot frontage, and 21
917-lot width shall each be reduced to forty percent (40%) of the requirements for those dimensional 22
918-standards in the same district. However, to the extent the city or town has a zoning district in which 23
919-the lot would be conforming as to size, the city or town may require compliance with the building 24
920-setback, lot frontage, and lot width requirements for said zoning district if such requirement is in 25
921-the local zoning ordinance. 26
922-(2) Maximum lot building coverage for lots that are nonconforming in area shall be 27
923-increased by the inverse proportion that the area of such substandard lot meets the minimum area 28
924-requirements in the district in which the lot is located. By way of example, if the lot area of a 29
925-substandard lot only meets forty percent (40%) of the required minimum lot area, the maximum lot 30
926-building coverage is allowed to increase by sixty percent (60%) over the maximum permitted lot 31
927-building coverage in that district. 32
928-All proposals exceeding such reduced requirement shall proceed with a modification 33
929-request under § 45-24-46 or a dimensional variance request under § 45-24-41, whichever is 34
894+LC002154 - Page 25 of 30
895+on application for a dimensional variance following the standard procedures for such variances, 1
896+including notice requirements provided for under this chapter. If no written objections are received 2
897+within fourteen (14) days, the zoning enforcement officer shall grant the modification. The zoning 3
898+enforcement officer may apply any special conditions to the permit as may, in the opinion of the 4
899+officer, be required to conform to the intent and purposes of the zoning ordinance. The zoning 5
900+enforcement officer shall keep public records of all requests for modifications, and of findings, 6
901+determinations, special conditions, and any objections received. Costs of any notice required under 7
902+this subsection shall be borne by the applicant requesting the modification. 8
903+45-24-46.1. Inclusionary zoning. [Effective January 1, 2025.] 9
904+(a) A zoning ordinance requiring the inclusion of affordable housing as part of a 10
905+development shall provide that the housing will be affordable housing, as defined in § 42-128-11
906+8.1(d)(1); that the affordable housing will constitute not less than fifteen percent (15%) of the total 12
907+units proposed for the development; and that the units will remain affordable for a period of not 13
908+less than thirty (30) years from initial occupancy enforced through a land lease and/or deed 14
909+restriction enforceable by the municipality and the state of Rhode Island. A zoning ordinance that 15
910+requires the inclusion of affordable housing as part of a development shall specify the threshold in 16
911+which the inclusion of affordable housing is required, but in no event shall a minimum threshold 17
912+triggering the inclusion of affordable housing be higher than ten (10) dwelling units. The total 18
913+number of units for the development may include less than fifteen percent (15%) affordable units 19
914+after the density bonus described in subsection (c) of this section is determined. A municipality 20
915+shall not limit the number of bedrooms for applications submitted under this section to anything 21
916+less than three (3) bedrooms per dwelling unit for single-family dwelling units. 22
917+(b) A zoning ordinance that includes inclusionary zoning may provide that the affordable 23
918+housing must be built on-site or it may allow for one or more alternative methods of production, 24
919+including, but not limited to: off-site construction or rehabilitation; donation of land suitable for 25
920+development of the required affordable units; and/or the payment of a fee in lieu of the construction 26
921+or provision of affordable housing units. 27
922+(c) Density bonus, zoning incentives, and municipal subsidies. For all projects subject 28
923+to inclusionary zoning, subject to applicable setback, lot width, or frontage requirements or the 29
924+granting of relief from the same, a municipality shall allow the addition of one market rate unit for 30
925+each affordable unit required and the minimum lot area per dwelling unit normally required in the 31
926+applicable zoning district shall be reduced by that amount necessary to accommodate the 32
927+development. Larger density bonuses for the provision of an increased percentage of affordable 33
928+housing in a development may be provided by a municipality in the zoning ordinance. The total 34
930929
931930
932-LC002154/SUB A - Page 26 of 32
933-applicable. 1
934-(c) Provisions may be made for the merger of contiguous unimproved, or improved and 2
935-unimproved, substandard lots of record in the same ownership to create dimensionally conforming 3
936-lots or to reduce the extent of dimensional nonconformance. The ordinance shall specify the 4
937-standards, on a district by district basis, which determine the mergers. The standards shall include, 5
938-but are not to be limited to, the availability of infrastructure, the character of the neighborhood, and 6
939-the consistency with the comprehensive plan. The merger of lots shall not be required when the 7
940-substandard lot of record has an area equal to or greater than the area of fifty percent (50%) of the 8
941-lots within two hundred feet (200′) of the subject lot, as confirmed by the zoning enforcement 9
942-officer. 10
943-45-24-46. Special provisions — Modification. 11
944-(a) A zoning ordinance shall provide for the issuance of modifications from the literal 12
945-dimensional requirements of the zoning ordinance in the instance of the construction, alteration, or 13
946-structural modification of a structure or lot of record. The zoning enforcement officer is authorized 14
947-to grant modification permits. The zoning ordinance shall permit modifications that are fifteen 15
948-percent (15%) or less of the any dimensional requirements specified in the zoning ordinance but 16
949-may permit modification up to twenty-five percent (25%). A modification does not permit moving 17
950-of lot lines. Within ten (10) days of the receipt of a request for a modification, the zoning 18
951-enforcement officer shall make a decision as to the suitability of the requested modification based 19
952-on the following determinations: 20
953-(1) The modification requested is reasonably necessary for the full enjoyment of the 21
954-permitted use minimal to a reasonable enjoyment of the permitted use to which the property is 22
955-proposed to be devoted; 23
956-(2) If the modification is granted, neighboring property will neither be substantially injured 24
957-nor its appropriate use substantially impaired; 25
958-(3) The modification requested does not require a variance of a flood hazard requirement, 26
959-unless the building is built in accordance with applicable regulations; and 27
960-(4) The modification requested does not violate any rules or regulations with respect to 28
961-freshwater or coastal wetlands. 29
962-(b) Upon an affirmative determination, in the case of a modification of five percent (5%) 30
963-or less, the zoning enforcement officer shall have the authority to issue a permit approving the 31
964-modification, without any public notice requirements. In the case of a modification of greater than 32
965-five percent (5%), the zoning enforcement officer shall notify, by first class mail, all property 33
966-owners abutting the property which is the subject of the modification request, and shall indicate the 34
931+LC002154 - Page 26 of 30
932+number of units for the development shall equal the number originally proposed, including the 1
933+required affordable units, plus the additional units that constitute the density bonus. Local 2
934+regulations shall provide for reasonable relief from dimensional requirements to accommodate the 3
935+bonus density under this section. A municipality shall provide, and an applicant may request, 4
936+additional zoning incentives and/or municipal government subsidies as defined in § 45-53-3 to 5
937+offset differential costs of affordable units. Available zoning incentives and municipal government 6
938+subsidies may be listed in the zoning ordinance, but shall not be an exclusive list. 7
939+(1) Inclusionary zoning requirements shall not be applied where there is a limitation on the 8
940+development density at the subject property under the regulations of a state agency, such as the 9
941+coastal resources management council or department of environmental management that prevents 10
942+the use of the density bonus set forth in this section. 11
943+(d) Fee-in-lieu. To the extent a municipality provides an option for the payment of a fee-12
944+in-lieu of the construction or provision of affordable housing, and an application seeks to utilize 13
945+fee-in-lieu, the use of such fee shall be the choice of the developer or builder applied on a per-unit 14
946+basis and may be used for new developments, purchasing property and/or homes, rehabilitating 15
947+properties, or any other manner that creates additional low- or moderate-income housing as defined 16
948+in § 45-53-3(9). 17
949+(1) Eligibility for density bonus. Notwithstanding any other provisions of this chapter, an 18
950+application that utilizes a fee-in-lieu, off-site construction or rehabilitation, or donation of land 19
951+suitable for development of the required affordable units shall not be eligible for the density bonus 20
952+outlined in this section. 21
953+(2) An application that seeks to utilize a fee-in-lieu of the construction or provision of 22
954+affordable housing must be reviewed by the planning board or commission and is not eligible for 23
955+administrative review under the Rhode Island Land Development and Subdivision Review 24
956+Enabling Act of 1992, codified at §§ 45-23-25 — 45-23-74. 25
957+(3) Amount of fee-in-lieu. For affordable single-family homes and condominium units, the 26
958+per-unit fee shall be the difference between the maximum affordable sales price for a family of four 27
959+(4) earning eighty percent (80%) of the area median income as determined annually by the U.S. 28
960+Department of Housing and Urban Development and the average cost of developing a single unit 29
961+of affordable housing. The average cost of developing a single unit of affordable housing shall be 30
962+determined annually based on the average, per-unit development cost of affordable homes financed 31
963+by Rhode Island housing and mortgage finance corporation (RIHMFC) over the previous three (3) 32
964+years, excluding existing units that received preservation financing. 33
965+(i) Notwithstanding subsection (d)(3) of this section, in no case shall the per-unit fee for 34
967966
968967
969-LC002154/SUB A - Page 27 of 32
970-street address of the subject property in the notice, and shall publish in a newspaper of local 1
971-circulation within the city or town that the modification will be granted unless written objection by 2
972-anyone who is entitled to notice under this section is received within fourteen (14) days of the 3
973-public notice. If written objection is received within fourteen (14) days, the request for a 4
974-modification shall be scheduled for the next available hearing before the zoning board of review 5
975-on application for a dimensional variance following the standard procedures for such variances, 6
976-including notice requirements provided for under this chapter. If no written objections are received 7
977-within fourteen (14) days, the zoning enforcement officer shall grant the modification. The zoning 8
978-enforcement officer may apply any special conditions to the permit as may, in the opinion of the 9
979-officer, be required to conform to the intent and purposes of the zoning ordinance. The zoning 10
980-enforcement officer shall keep public records of all requests for modifications, and of findings, 11
981-determinations, special conditions, and any objections received. Costs of any notice required under 12
982-this subsection shall be borne by the applicant requesting the modification. 13
983-45-24-46.1. Inclusionary zoning. [Effective January 1, 2025.] 14
984-(a) A zoning ordinance requiring the inclusion of affordable housing as part of a 15
985-development shall provide that the housing will be affordable housing, as defined in § 42-128-16
986-8.1(d)(1); that the affordable housing will constitute not less than fifteen percent (15%) of the total 17
987-units proposed for the development; and that the units will remain affordable for a period of not 18
988-less than thirty (30) years from initial occupancy enforced through a land lease and/or deed 19
989-restriction enforceable by the municipality and the state of Rhode Island. A zoning ordinance that 20
990-requires the inclusion of affordable housing as part of a development shall specify the threshold in 21
991-which the inclusion of affordable housing is required, but in no event shall a minimum threshold 22
992-triggering the inclusion of affordable housing be higher than ten (10) dwelling units. The total 23
993-number of units for the development may include less than fifteen percent (15%) affordable units 24
994-after the density bonus described in subsection (c) of this section is determined. A municipality 25
995-shall not limit the number of bedrooms for applications submitted under this section to anything 26
996-less than three (3) bedrooms per dwelling unit for single-family dwelling units. 27
997-(b) A zoning ordinance that includes inclusionary zoning may provide that the affordable 28
998-housing must be built on-site or it may allow for one or more alternative methods of production, 29
999-including, but not limited to: off-site construction or rehabilitation; donation of land suitable for 30
1000-development of the required affordable units; and/or the payment of a fee in lieu of the construction 31
1001-or provision of affordable housing units. 32
1002-(c) Density bonus, zoning incentives, and municipal subsidies. For all projects subject 33
1003-to inclusionary zoning, subject to applicable setback, lot width, or frontage requirements or the 34
968+LC002154 - Page 27 of 30
969+affordable single family homes and condominium units be less than forty thousand dollars 1
970+($40,000). 2
971+(4) Use of fee-in-lieu. The municipality shall deposit all in-lieu payments into restricted 3
972+accounts that shall be allocated and spent only for the creation and development of affordable 4
973+housing within the municipality serving individuals or families at or below eighty percent (80%) 5
974+of the area median income. The municipality shall maintain a local affordable housing board to 6
975+oversee the funds in the restricted accounts and shall allocate the funds within three (3) years of 7
976+collection. The municipality shall include in the housing element of their local comprehensive plan 8
977+and shall pass by ordinance, the process it will use to allocate the funds. 9
978+(e) As an alternative to the provisions of subsection (d), the municipality may elect to 10
979+transfer in-lieu payments promptly upon receipt or within the three-year (3) period after receipt. A 11
980+municipality shall transfer all fee-in-lieu payments that are not allocated within three (3) years of 12
981+collection, including funds held as of July 1, 2024, to RIHMFC for the purpose of developing 13
982+affordable housing within that community. 14
983+(f) Both the municipalities and RIHMFC shall report annually with the first report due 15
984+December 31, 2024, to the general assembly, the secretary of housing, and the housing resources 16
985+commission the amount of fees in lieu collected by community, the projects that were provided 17
986+funding with the fees, the dollar amounts allocated to the projects, and the number of units created. 18
987+45-24-46.4. Special provisions — Unified development review. 19
988+(a) A zoning ordinance shall provide that review and decision on variances and/or special-20
989+use permits for properties undergoing review which qualifies for unified development review by 21
990+the authorized permitting authority, be conducted and decided by the authorized permitting 22
991+authority. This process is to be known as unified development review. 23
992+(b) The local ordinance and regulation shall provide for the application and review process 24
993+pursuant to § 45-23-50.1. 25
994+(c) A zoning ordinance that provides for unified development review shall: 26
995+(1) Empower the authorized permitting authority to grant, grant with conditions, or deny 27
996+zoning relief; and 28
997+(2) Provide that any person, group, agency, or corporation that files an application for a 29
998+project under this section shall also file specific requests for relief from the literal requirements of 30
999+a zoning ordinance on the subject property, pursuant to § 45-24-41, and/or for the issuance of 31
1000+special-use permits for the subject property, pursuant to § 45-24-42, by including such within the 32
1001+application to the administrative officer with the other required application materials, pursuant to 33
1002+§ 45-23-50.1(b). 34
10041003
10051004
1006-LC002154/SUB A - Page 28 of 32
1007-granting of relief from the same, a municipality shall allow the addition of one market rate unit for 1
1008-each affordable unit required and the minimum lot area per dwelling unit normally required in the 2
1009-applicable zoning district shall be reduced by that amount necessary to accommodate the 3
1010-development. Larger density bonuses for the provision of an increased percentage of affordable 4
1011-housing in a development may be provided by a municipality in the zoning ordinance. The total 5
1012-number of units for the development shall equal the number originally proposed, including the 6
1013-required affordable units, plus the additional units that constitute the density bonus. Local 7
1014-regulations shall provide for reasonable relief from dimensional requirements to accommodate the 8
1015-bonus density under this section. A municipality shall provide, and an applicant may request, 9
1016-additional zoning incentives and/or municipal government subsidies as defined in § 45-53-3 to 10
1017-offset differential costs of affordable units. Available zoning incentives and municipal government 11
1018-subsidies may be listed in the zoning ordinance, but shall not be an exclusive list. 12
1019-(1) Inclusionary zoning requirements shall not be applied where there is a limitation on the 13
1020-development density at the subject property under the regulations of a state agency, such as the 14
1021-coastal resources management council or department of environmental management that prevents 15
1022-the use of the density bonus set forth in this section. 16
1023-(d) Fee-in-lieu. To the extent a municipality provides an option for the payment of a fee-17
1024-in-lieu of the construction or provision of affordable housing, and an application seeks to utilize 18
1025-fee-in-lieu, the use of such fee shall be the choice of the developer or builder applied on a per-unit 19
1026-basis and may be used for new developments, purchasing property and/or homes, rehabilitating 20
1027-properties, or any other manner that creates additional low- or moderate-income housing as defined 21
1028-in § 45-53-3(9). 22
1029-(1) Eligibility for density bonus. Notwithstanding any other provisions of this chapter, an 23
1030-application that utilizes a fee-in-lieu, off-site construction or rehabilitation, or donation of land 24
1031-suitable for development of the required affordable units shall not be eligible for the density bonus 25
1032-outlined in this section. 26
1033-(2) An application that seeks to utilize a fee-in-lieu of the construction or provision of 27
1034-affordable housing must be reviewed by the planning board or commission and is not eligible for 28
1035-administrative review under the Rhode Island Land Development and Subdivision Review 29
1036-Enabling Act of 1992, codified at §§ 45-23-25 — 45-23-74. 30
1037-(3) Amount of fee-in-lieu. For affordable single-family homes and condominium units, the 31
1038-per-unit fee shall be the difference between the maximum affordable sales price for a family of four 32
1039-(4) earning eighty percent (80%) of the area median income as determined annually by the U.S. 33
1040-Department of Housing and Urban Development and the average cost of developing a single unit 34
1005+LC002154 - Page 28 of 30
1006+(d) [Deleted by P.L. 2023, ch. 308, § 2 and P.L. 2023, ch. 309, § 2.] 1
1007+(e) All land development and subdivision applications that include requests for variances 2
1008+and/or special-use permits submitted pursuant to this section shall require a public hearing that 3
1009+meets the requirements of § 45-23-50.1. 4
1010+(f) In granting requests for dimensional and use variances, the authorized permitting 5
1011+authority shall be bound to the requirements of § 45-24-41 relative to entering evidence into the 6
1012+record in satisfaction of the applicable standards except that for subdivisions submitted under this 7
1013+section, if an applicant seeks relief from the dimensional requirements as part of its proposed 8
1014+subdivision, the standard in § 45-24-41(d)(2) shall not apply to prohibit the granting of the relief. 9
1015+(g) In reviewing requests for special-use permits, the authorized permitting authority shall 10
1016+be bound to the conditions and procedures under which a special-use permit may be issued and the 11
1017+criteria for the issuance of such permits, as found within the zoning ordinance pursuant to § 45-24-12
1018+42, and shall be required to provide for the recording of findings of fact and written decisions as 13
1019+described in the zoning ordinance pursuant to § 45-24-42. 14
1020+(h) An appeal from any decision made pursuant to this section may be taken pursuant to § 15
1021+45-23-71. 16
1022+45-24-77. Transit-oriented development pilot program. 17
1023+(a) Findings and declarations. The general assembly finds and declares that in order to 18
1024+increase the availability of residential housing near convenient public transportation, alleviate 19
1025+traffic congestion, and further the goals of chapter 6.2 of title 42, the Act on Climate, enacted in 20
1026+2021, there is a need to identify growth centers for higher density housing, considering the capacity 21
1027+for water service, sewer service, transit connections, and employment centers. 22
1028+(b) Establishment. To fulfill the findings and declarations of this section, a transit-oriented 23
1029+development pilot program is hereby established that shall allow developers or municipalities to 24
1030+apply for funds for residential development. 25
1031+(c) Applicability. Effective January 1, 2024, in addition to the criteria to be established by 26
1032+the department of housing as set forth in subsection (d) of this section, to qualify for the pilot 27
1033+program, a municipality must have the development must include developable land or properties 28
1034+that is within a one-quarter (¼) mile radius of a regional mobility hub or a one-eighth (⅛) mile 29
1035+radius of a frequent transit stop as such terms are defined in the 2020 Rhode Island transit master 30
1036+plan or its successor document. 31
1037+(d) Authority. The department of housing, in conjunction with input and data from the 32
1038+department of transportation and division of statewide planning, is hereby authorized to promulgate 33
1039+rules and regulations consistent with this section that establish: 34
10411040
10421041
1043-LC002154/SUB A - Page 29 of 32
1044-of affordable housing. The average cost of developing a single unit of affordable housing shall be 1
1045-determined annually based on the average, per-unit development cost of affordable homes financed 2
1046-by Rhode Island housing and mortgage finance corporation (RIHMFC) over the previous three (3) 3
1047-years, excluding existing units that received preservation financing. 4
1048-(i) Notwithstanding subsection (d)(3) of this section, in no case shall the per-unit fee for 5
1049-affordable single family homes and condominium units be less than forty thousand dollars 6
1050-($40,000). 7
1051-(4) Use of fee-in-lieu. The municipality shall deposit all in-lieu payments into restricted 8
1052-accounts that shall be allocated and spent only for the creation and development of affordable 9
1053-housing within the municipality serving individuals or families at or below eighty percent (80%) 10
1054-of the area median income. The municipality shall maintain a local affordable housing board to 11
1055-oversee the funds in the restricted accounts and shall allocate the funds within three (3) years of 12
1056-collection. The municipality shall include in the housing element of their local comprehensive plan 13
1057-and shall pass by ordinance, the process it will use to allocate the funds. 14
1058-(e) As an alternative to the provisions of subsection (d), the municipality may elect to 15
1059-transfer in-lieu payments promptly upon receipt or within the three-year (3) period after receipt. A 16
1060-municipality shall transfer all fee-in-lieu payments that are not allocated within three (3) years of 17
1061-collection, including funds held as of July 1, 2024, to RIHMFC for the purpose of developing 18
1062-affordable housing within that community. 19
1063-(f) Both the municipalities and RIHMFC shall report annually with the first report due 20
1064-December 31, 2024, to the general assembly, the secretary of housing, and the housing resources 21
1065-commission the amount of fees in lieu collected by community, the projects that were provided 22
1066-funding with the fees, the dollar amounts allocated to the projects, and the number of units created. 23
1067-45-24-46.4. Special provisions — Unified development review. 24
1068-(a) A zoning ordinance shall provide that review and decision on variances and/or special-25
1069-use permits for properties undergoing review which qualifies for unified development review by 26
1070-the authorized permitting authority, be conducted and decided by the authorized permitting 27
1071-authority. This process is to be known as unified development review. 28
1072-(b) The local ordinance and regulation shall provide for the application and review process 29
1073-pursuant to § 45-23-50.1. 30
1074-(c) A zoning ordinance that provides for unified development review shall: 31
1075-(1) Empower the authorized permitting authority to grant, grant with conditions, or deny 32
1076-zoning relief; and 33
1077-(2) Provide that any person, group, agency, or corporation that files an application for a 34
1078-
1079-
1080-LC002154/SUB A - Page 30 of 32
1081-project under this section shall also file specific requests for relief from the literal requirements of 1
1082-a zoning ordinance on the subject property, pursuant to § 45-24-41, and/or for the issuance of 2
1083-special-use permits for the subject property, pursuant to § 45-24-42, by including such within the 3
1084-application to the administrative officer with the other required application materials, pursuant to 4
1085-§ 45-23-50.1(b). 5
1086-(d) [Deleted by P.L. 2023, ch. 308, § 2 and P.L. 2023, ch. 309, § 2.] 6
1087-(e) All land development and subdivision applications that include requests for variances 7
1088-and/or special-use permits submitted pursuant to this section shall require a public hearing that 8
1089-meets the requirements of § 45-23-50.1. 9
1090-(f) In granting requests for dimensional and use variances, the authorized permitting 10
1091-authority shall be bound to the requirements of § 45-24-41 relative to entering evidence into the 11
1092-record in satisfaction of the applicable standards except that for subdivisions submitted under this 12
1093-section, if an applicant seeks relief from the dimensional requirements as part of its proposed 13
1094-subdivision, the standard in § 45-24-41(d)(2) shall not apply to prohibit the granting of the relief. 14
1095-(g) In reviewing requests for special-use permits, the authorized permitting authority shall 15
1096-be bound to the conditions and procedures under which a special-use permit may be issued and the 16
1097-criteria for the issuance of such permits, as found within the zoning ordinance pursuant to § 45-24-17
1098-42, and shall be required to provide for the recording of findings of fact and written decisions as 18
1099-described in the zoning ordinance pursuant to § 45-24-42. 19
1100-(h) An appeal from any decision made pursuant to this section may be taken pursuant to § 20
1101-45-23-71. 21
1102-45-24-77. Transit-oriented development pilot program. 22
1103-(a) Findings and declarations. The general assembly finds and declares that in order to 23
1104-increase the availability of residential housing near convenient public transportation, alleviate 24
1105-traffic congestion, and further the goals of chapter 6.2 of title 42, the Act on Climate, enacted in 25
1106-2021, there is a need to identify growth centers for higher density housing, considering the capacity 26
1107-for water service, sewer service, transit connections, and employment centers. 27
1108-(b) Establishment. To fulfill the findings and declarations of this section, a transit-oriented 28
1109-development pilot program is hereby established that shall allow developers or municipalities to 29
1110-apply for funds for residential development. 30
1111-(c) Applicability. Effective January 1, 2024, in addition to the criteria to be established by 31
1112-the department of housing as set forth in subsection (d) of this section, to qualify for funding 32
1113-through the pilot program, a municipality must have the development must include developable 33
1114-land or properties that is within a one-quarter (¼) mile radius of a an existing or planned regional 34
1115-
1116-
1117-LC002154/SUB A - Page 31 of 32
1118-mobility hub or a one-eighth (⅛) mile radius of a an existing or planned frequent transit stop as 1
1119-such terms are defined in the 2020 Rhode Island transit master plan or its successor document. 2
1120-(d) Authority. The department of housing, in conjunction with input and data from the 3
1121-department of transportation and division of statewide planning, is hereby authorized to promulgate 4
1122-rules and regulations consistent with this section that establish: 5
1123-(1) The criteria to qualify for consideration into the pilot program, including but not limited 6
1124-to; 7
1125-(i) For municipalities to apply to have zoning districts certified into the program, an 8
1126-established zoning district or overlay, or other provisions that provide for high density residential 9
1127-development, provisions that provide for or require some portion of the development to include 10
1128-affordable housing, and the easing for dimensional restrictions and parking requirements for such 11
1129-development; and 12
1130-(ii) For developers to qualify for funding through the program, that the project includes 13
1131-some portion of the residential units in the development to be affordable housing; 14
1132-(2) The process for the application, and submission requirements for municipalities to 15
1133-apply to have zoning districts certified into the program and for developers or municipalities to 16
1134-apply to receive funding and pre-requisites, including, but not limited to, an established zoning 17
1135-overlay district or other provisions that provide increased density for residential development at a 18
1136-minimum of ten units per acre (10 U/A), mandates for the development of affordable housing, and 19
1137-the easing of dimensional restrictions and parking requirements for such development; 20
1138-(3) Criteria The process for acceptance into the pilot program; 21
1139-(4) Reporting requirements for municipalities accepted into the pilot program; and 22
1140-(5) Penalties for lack of compliance with the pilot program regulations. 23
1141-(e) Reporting. Beginning on December 31, 2024, the department of housing shall publish 24
1142-an annual report regarding development under this pilot program, funds distributed and/or 25
1143-committed, and such report shall include categories of metrics and data agreed upon by the 26
1144-department of housing, and the department of transportation, and the participating municipalities. 27
1145-SECTION 5. This act shall take effect upon passage. 28
1042+LC002154 - Page 29 of 30
1043+(1) The criteria to qualify for consideration into the pilot program; 1
1044+(2) The process for the application, submission requirements and pre-requisites, including, 2
1045+but not limited to, an established zoning overlay district or overlay, or other provisions that provide 3
1046+increased density for residential development at a minimum of ten units per acre (10 U/A), 4
1047+mandates for for high density residential development, provisions that provide for or require some 5
1048+portion of the development of to include affordable housing, and the easing of dimensional 6
1049+restrictions and parking requirements for such development; 7
1050+(3) Criteria for acceptance into the pilot program; 8
1051+(4) Reporting requirements for municipalities accepted into the pilot program; and 9
1052+(5) Penalties for lack of compliance with the pilot program regulations. 10
1053+(e) Reporting. Beginning on December 31, 2024, the department of housing shall publish 11
1054+an annual report regarding development under this pilot program, funds distributed and/or 12
1055+committed, and such report shall include categories of metrics and data agreed upon by the 13
1056+department of housing, department of transportation, and the participating municipalities. 14
1057+SECTION 4. This act shall take effect upon passage. 15
11461058 ========
1147-LC002154/SUB A
1059+LC002154
11481060 ========
11491061
11501062
1151-LC002154/SUB A - Page 32 of 32
1063+LC002154 - Page 30 of 30
11521064 EXPLANATION
11531065 BY THE LEGISLATIVE COUNCIL
11541066 OF
11551067 A N A C T
11561068 RELATING TO TOWNS AN D CITIES -- LOCAL PLANNING BOARD OR COM MISSION
11571069 ***
11581070 This act would provide technical amendments to the chapters on subdivision of land and 1
11591071 zoning ordinances for towns and cities. 2
11601072 This act would take effect upon passage. 3
11611073 ========
1162-LC002154/SUB A
1074+LC002154
11631075 ========