2013 -- H 5425

=======

LC01220

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

____________

A N A C T

RELATING TO TOWNS AND CITIES -- THE DEPARTMENT OF ENVIRONMENTAL

MANAGEMENT--JURISDICTION

     

     

     Introduced By: Representatives Serpa, Fellela, Nunes, Shekarchi, and Chippendale

     Date Introduced: February 13, 2013

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Section 45-6-1 of the General Laws in Chapter 45-6 entitled "Ordinances"

1-2

is hereby amended to read as follows:

1-3

     45-6-1. Scope of ordinances permissible. -- (a) Town and city councils may, from time

1-4

to time, make and ordain all ordinances and regulations for their respective towns and cities, not

1-5

repugnant to law, which they deem necessary for the safety of their inhabitants from fire,

1-6

firearms, and fireworks; to prevent persons standing on any footwalk, sidewalk, doorstep, or in

1-7

any doorway, or riding, driving, fastening, or leaving any horse or other animal or any carriage,

1-8

team, or other vehicle on any footwalk, sidewalk, doorstep, or doorway within the town or city, to

1-9

the obstruction, hindrance, delay, disturbance, or annoyance of passersby or of persons residing

1-10

or doing business in this vicinity; to regulate the putting up and maintenance of telegraph and

1-11

other wires and their appurtenances; to prevent the indecent exposure of any one bathing in any of

1-12

the waters within their respective towns and cities; against breakers of the Sabbath; against

1-13

habitual drunkenness; respecting the purchase and sale of merchandise or commodities within

1-14

their respective towns and cities; to protect burial grounds and the graves in these burial grounds

1-15

from trespassers; and, generally, all other ordinances, regulations and bylaws for the well

1-16

ordering, managing, and directing of the prudential affairs and police of their respective towns

1-17

and cities, not repugnant to the constitution and laws of this state, or of the United States;

1-18

provided, however, that local ordinances, regulations and bylaws shall not set forth any standards

1-19

and/or requirements for the location, design, construction, or maintenance of on-site sewage

2-1

disposal systems and/or wetland setbacks or requirements which are inconsistent with or in

2-2

excess of the standards imposed: (1) By the director of the department of environmental

2-3

management ("director") under authority given to the director as set forth in section 42-17.1-2; or

2-4

(2) By the costal resources management council pursuant to its authority to regulate coastal

2-5

wetlands and freshwater wetlands in the vicinity of the coast pursuant to and in accordance with

2-6

subparagraph 46-23-6(2)(iii)(E). Current state regulations governing septic systems and wetlands

2-7

shall be deemed exclusive and adequate for the protection of the state's water resources,

2-8

notwithstanding any local regulations to the contrary.

2-9

      (b) Town and city councils shall furnish to their senators and representatives, upon

2-10

request and at no charge, copies and updates of all ordinances and regulations.

2-11

      (c) In lieu of newspaper publication, advance notice of proposed adoption, amendment,

2-12

or repeal of any ordinance or regulation by a municipality may be provided via electronic media

2-13

on a website maintained by the office of the secretary of state.

2-14

     SECTION 2. Section 45-23-30 of the General Laws in Chapter 45-23 entitled

2-15

"Subdivision of Land" is hereby amended to read as follows:

2-16

     45-23-30. General purposes of land development and subdivision review ordinances,

2-17

regulations and rules. -- Land development and subdivision review ordinances, regulations and

2-18

rules shall be developed and maintained in accordance with this chapter and with a

2-19

comprehensive plan which complies with chapter 22.2 of this title and a zoning ordinance which

2-20

complies with section 45-24-27 et seq. Local regulations shall address the following purposes:

2-21

      (1) Providing for the orderly, thorough and expeditious review and approval of land

2-22

developments and subdivisions;

2-23

      (2) Promoting high quality and appropriate design and construction of land

2-24

developments and subdivisions;

2-25

      (3) Promoting the protection of the existing natural and built environment and the

2-26

mitigation of all significant negative impacts of any proposed development on the existing

2-27

environment;

2-28

      (4) Promoting design of land developments and subdivisions which are well-integrated

2-29

with the surrounding neighborhoods with regard to natural and built features, and which

2-30

concentrate development in areas which can best support intensive use by reason of natural

2-31

characteristics and existing infrastructure;

2-32

      (5) Encouraging local design and improvement standards to reflect the intent of the

2-33

community comprehensive plans with regard to the physical character of the various

2-34

neighborhoods and districts of the municipality;

3-1

      (6) Promoting thorough technical review of all proposed land developments and

3-2

subdivisions by appropriate local officials;

3-3

      (7) Encouraging local requirements for dedications of public land, impact mitigation, and

3-4

payment-in-lieu thereof, to be based on clear documentation of needs and to be fairly applied and

3-5

administered; and

3-6

      (8) Encouraging the establishment and consistent application of procedures for local

3-7

record-keeping on all matters of land development and subdivision review, approval and

3-8

construction.

3-9

     (9) Local regulations shall not set forth any standards and/or requirements for the

3-10

location, design, construction, or maintenance of on-site sewage disposal systems and/or wetland

3-11

setbacks or requirements, which are inconsistent with or in excess of the standards imposed: (i)

3-12

By the director of the department of environmental management ("director"), under the authority

3-13

given to the director as set forth in section 42-17.1-2; or (ii) By the costal resources management

3-14

council pursuant to its authority to regulate coastal wetlands and freshwater wetlands in the

3-15

vicinity of the coast pursuant to and in accordance with subparagraph 46-23-6(2)(iii)(E). Current

3-16

state regulations governing septic systems and wetlands shall be deemed exclusive and adequate

3-17

for the protection of the state's water resources, notwithstanding any local regulations to the

3-18

contrary.

3-19

     SECTION 3. Section 45-24-30 of the General Laws in Chapter 45-24 entitled "Zoning

3-20

Ordinances" is hereby amended to read as follows:

3-21

     45-24-30. General purposes of zoning ordinances. -- Zoning regulations shall be

3-22

developed and maintained in accordance with a comprehensive plan prepared, adopted, and as

3-23

may be amended, in accordance with chapter 22.2 of this title and shall be designed to address the

3-24

following purposes. The general assembly recognizes these purposes, each with equal priority and

3-25

numbered for reference purposes only.

3-26

      (1) Promoting the public health, safety, and general welfare.

3-27

      (2) Providing for a range of uses and intensities of use appropriate to the character of the

3-28

city or town and reflecting current and expected future needs.

3-29

      (3) Providing for orderly growth and development which recognizes:

3-30

      (i) The goals and patterns of land use contained in the comprehensive plan of the city or

3-31

town adopted pursuant to chapter 22.2 of this title;

3-32

      (ii) The natural characteristics of the land, including its suitability for use based on soil

3-33

characteristics, topography, and susceptibility to surface or groundwater pollution;

4-34

      (iii) The values and dynamic nature of coastal and freshwater ponds, the shoreline, and

4-35

freshwater and coastal wetlands;

4-36

      (iv) The values of unique or valuable natural resources and features;

4-37

      (v) The availability and capacity of existing and planned public and/or private services

4-38

and facilities;

4-39

      (vi) The need to shape and balance urban and rural development; and

4-40

      (vii) The use of innovative development regulations and techniques.

4-41

      (4) Providing for the control, protection, and/or abatement of air, water, groundwater,

4-42

and noise pollution, and soil erosion and sedimentation.

4-43

      (5) Providing for the protection of the natural, historic, cultural, and scenic character of

4-44

the city or town or areas in the municipality.

4-45

      (6) Providing for the preservation and promotion of agricultural production, forest,

4-46

silviculture, aquaculture, timber resources, and open space.

4-47

      (7) Providing for the protection of public investment in transportation, water, stormwater

4-48

management systems, sewage treatment and disposal, solid waste treatment and disposal, schools,

4-49

recreation, public facilities, open space, and other public requirements.

4-50

      (8) Promoting a balance of housing choices, for all income levels and groups, to assure

4-51

the health, safety and welfare of all citizens and their rights to affordable, accessible, safe, and

4-52

sanitary housing.

4-53

      (9) Providing opportunities for the establishment of low and moderate income housing.

4-54

      (10) Promoting safety from fire, flood, and other natural or unnatural disasters.

4-55

      (11) Promoting a high level of quality in design in the development of private and public

4-56

facilities.

4-57

      (12) Promoting implementation of the comprehensive plan of the city or town adopted

4-58

pursuant to chapter 22.2 of this title.

4-59

      (13) Providing for coordination of land uses with contiguous municipalities, other

4-60

municipalities, the state, and other agencies, as appropriate, especially with regard to resources

4-61

and facilities that extend beyond municipal boundaries or have a direct impact on that

4-62

municipality.

4-63

      (14) Providing for efficient review of development proposals, to clarify and expedite the

4-64

zoning approval process.

4-65

      (15) Providing for procedures for the administration of the zoning ordinance, including,

4-66

but not limited to, variances, special-use permits, and, where adopted, procedures for

4-67

modifications.

5-68

      (16) Providing opportunities for reasonable accommodations in order to comply with the

5-69

Rhode Island Fair Housing Practices Act, chapter 37 of title 34, the United States Fair Housing

5-70

Amendments Act of 1988 (FHAA), the Rhode Island Civil Rights of Persons with Disabilities

5-71

Act, chapter 87 of title 42, and the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C.

5-72

section 12101 et seq.

5-73

      Provided, however, that any zoning ordinance in which a community shall not sets set

5-74

forth any standards and/or requirements for the location, design, construction, or maintenance of

5-75

on-site sewage disposal systems and/or wetland setbacks or requirements, which are inconsistent

5-76

with or in excess of the standards imposed: (i) By the director of the department of environmental

5-77

management ("director"), under the authority given to the director as set forth in section 42-17.1-

5-78

2; or (ii) By the costal resources management council pursuant to its authority to regulate coastal

5-79

wetlands and freshwater wetlands in the vicinity of the coast pursuant to and in accordance with

5-80

subparagraph 46-23-6(2)(iii)(E). shall first be submitted to the director of the department of

5-81

environmental management and the department of health for approval as to the technical merits of

5-82

the ordinance. In addition, any zoning ordinance in which a municipality sets forth standards

5-83

regarding wetland setbacks or requirements, shall first be submitted to the director of the

5-84

department of environmental management for approval as to the technical merits of the

5-85

ordinance. Current state regulations governing septic systems and wetlands shall be deemed

5-86

exclusive and adequate for the protection of the state's water resources, notwithstanding any local

5-87

regulations to the contrary.

5-88

     SECTION 4. This act shall take effect two (2) years following the date of its passage to

5-89

allow the department of environmental management time to determine whether any of the

5-90

standards set forth in its regulations pertaining to wetlands or on-site sewage disposal systems

5-91

require modification and to allow the coastal resources management council time to determine

5-92

whether any of the standards set forth in its regulations pertaining to wetlands require

5-93

modification.

     

=======

LC01220

=======

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO TOWNS AND CITIES -- THE DEPARTMENT OF ENVIRONMENTAL

MANAGEMENT--JURISDICTION

***

6-1

     This act would empower the department of environmental management as the central

6-2

review agency for review of land development and subdivision proposals.

6-3

     This act would take effect two (2) years following the date of its passage to allow the

6-4

department of environmental management time to determine whether any of the standards set

6-5

forth in its regulations pertaining to wetlands or on-site sewage disposal systems require

6-6

modification and to allow the coastal resources management council time to determine whether

6-7

any of the standards set forth in its regulations pertaining to wetlands require modification.

6-8

     This act would take effect upon passage.

     

=======

LC01220

=======

H5425