2013 -- S 0320

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LC01113

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO TOWNS AND CITIES - SUBDIVISION OF LAND - ZONING

ORDINANCES

     Introduced By: Senator William A. Walaska

     Date Introduced: February 13, 2013

     Referred To: Senate Housing & Municipal Government

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 45-23-53 of the General Laws in Chapter 45-23 entitled

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

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     45-23-53. Local regulations -- Public hearing and notice requirements. -- (a) No local

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regulations shall be adopted, repealed, or amended until after a public hearing has been held upon

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the question before the city or town planning board. The city or town planning board shall first

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give notice of the public hearing by publication of notice in a newspaper of general circulation

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within the municipality at least once each week for three (3) successive weeks prior to the date of

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the hearing, which may include the week in which the hearing is to be held. At this hearing

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opportunity shall be given to all persons interested on being heard upon the matter of the

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proposed regulations. Written notice, which may be a copy of the newspaper notice, shall be

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mailed to the statewide planning program of the Rhode Island department of administration at

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least two (2) weeks prior to the hearing. The newspaper notice shall be published as a display

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advertisement, using a type size at least as large as the normal type size used by the newspaper in

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its news articles, and shall:

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      (1) Specify the place of the hearing and the date and time of its commencement;

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      (2) Indicate that adoption, amendment or repeal of local regulations is under

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consideration;

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      (3) Contain a statement of the proposed amendments to the regulations that may be

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printed once in its entirety, or may summarize or describe the matter under consideration

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provided that the intent and effect of the proposed regulation is expressly written in that notice;

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      (4) Advise those interested where and when a copy of the matter under consideration

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may be obtained or examined and copied; and

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      (5) State that the proposals shown on the notice may be altered or amended prior to the

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close of the public hearing without further advertising, as a result of further study or because of

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the views expressed at the public hearing. Any alteration or amendment must be presented for

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comment in the course of the hearing.

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      (b) Notice of the public hearing shall be sent by first class mail to the city or town

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planning board of any municipality where there is a public or quasi-public water source, or

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private water source that is used or is suitable for use as a public water source, located within two

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thousand feet (2,000') of the municipal boundaries.

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      (c) Notice of a public hearing shall be sent to the governing body of any state or

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municipal water department or agency, special water district, or private water company that has

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riparian rights to a surface water resource and/or surface watershed that is used or is suitable for

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use as a public water source located within either the municipality or two thousand feet (2,000')

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of the municipal boundaries; provided, that a map survey has been filed with the building

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inspector as specified in section 45-24-53(e).

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     (d) Notwithstanding any of the requirements set forth in subsections (a) through (c)

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above, each municipality shall establish and maintain a public notice registry of landowners,

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electors, and nonprofit organizations within said municipality who requests notice of any changes

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to the local regulations pursuant to this section. The planning board or administrative officer shall

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place on the registry the name and address of any such landowner, elector, or nonprofit

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organization upon written request of such landowner, elector, or nonprofit organization. A

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landowner, elector, or nonprofit organization may request such notice be sent by mail or by

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electronic mail.

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     (e) Each municipality shall be required every year to notify, in writing, landowners,

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electors and nonprofit organizations within said municipality, of the existence of the public notice

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registry through that municipality's applicable yearly tax billing invoices. In addition, each

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municipality is hereby encouraged to notify said landowners, electors, and nonprofit

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organizations of the existence of the public notice registry in all of its current and future

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communications with the public, including, but not limited to, governmental websites, electronic

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newsletters, public bulletins, press releases, and all other means the municipality may use to

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impart information to the local community.

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      (d) (f) No defect in the form of any notice under this section renders any regulations

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invalid, unless the defect is found to be intentional or misleading.

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      (e) (g) The requirements in this section are to be construed as minimum requirements.

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     SECTION 2. Section 45-24-53 of the General Laws in Chapter 45-24 entitled "Zoning

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Ordinances" is hereby amended to read as follows:

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     45-24-53. Adoption -- Notice and hearing requirements. -- (a) No zoning ordinance

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shall be adopted, repealed, or amended until after a public hearing has been held upon the

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question before the city or town council. The city or town council shall first give notice of the

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public hearing by publication of notice in a newspaper of general circulation within the city or

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town at least once each week for three (3) successive weeks prior to the date of the hearing,

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which may include the week in which the hearing is to be held, at which hearing opportunity shall

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be given to all persons interested to be heard upon the matter of the proposed ordinance. Written

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notice, which may be a copy of the newspaper notice, shall be mailed to the statewide planning

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program of the department of administration, and, where applicable, to the parties specified in

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subsections (b), (c), (d), and (e) of this section, at least two (2) weeks prior to the hearing. The

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newspaper notice shall be published as a display advertisement, using a type size at least as large

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as the normal type size used by the newspaper in its news articles, and shall:

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      (1) Specify the place of the hearing and the date and time of its commencement;

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      (2) Indicate that adoption, amendment, or repeal of a zoning ordinance is under

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consideration;

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      (3) Contain a statement of the proposed amendments to the ordinance that may be

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printed once in its entirety, or summarize and describe the matter under consideration provided

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that the intent and effect of the proposed ordinance is expressly written in that notice;

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      (4) Advise those interested where and when a copy of the matter under consideration

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may be obtained or examined and copied; and

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      (5) State that the proposals shown on the ordinance may be altered or amended prior to

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the close of the public hearing without further advertising, as a result of further study or because

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of the views expressed at the public hearing. Any alteration or amendment must be presented for

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comment in the course of the hearing.

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      (b) Where a proposed general amendment to an existing zoning ordinance includes

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changes in an existing zoning map, public notice shall be given as required by subsection (a) of

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this section.

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      (c) (b) Where a proposed amendment to an existing ordinance includes a specific change

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in a zoning district map, but does not affect districts generally changes to the uses allowed in a

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district, and/or changes to dimensional requirements, including density restrictions and minimum

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lot area requirements, public notice shall be given as required by subsection (a) of this section,

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with the additional requirements that:

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      (1) Notice shall include a map showing the existing and proposed boundaries, zoning

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district boundaries, and existing streets and roads and their names, and city and town boundaries

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where appropriate; and

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      (2) Written notice of the date, time, and place of the public hearing and the nature and

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purpose of the hearing shall be sent to all owners of real property whose property is located in or

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within not less than two hundred feet (200') of the perimeter of the area proposed for change,

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whether within the city or town or within an adjacent city or town. Notice shall also be sent to any

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individual or entity holding a recorded conservation or preservation restriction on the property

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that is the subject of the amendment. The notice shall be sent by registered or certified mail to the

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last known address of the owners, as shown on the current real estate tax assessment records of

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the city or town in which the property is located.

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      (d) (c) Notice of a public hearing shall be sent by first class mail to the city or town

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council of any city or town to which one or more of the following pertain:

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      (1) Which is located in or within not less than two hundred feet (200') of the boundary of

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the area proposed for change; or

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      (2) Where there is a public or quasi-public water source, or private water source that is

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used or is suitable for use as a public water source, within two thousand feet (2,000') of any real

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property that is the subject of a proposed zoning change, regardless of municipal boundaries.

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      (e) (d) Notice of a public hearing shall be sent to the governing body of any state or

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municipal water department or agency, special water district, or private water company that has

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riparian rights to a surface water resource and/or surface watershed that is used or is suitable for

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use as a public water source and that is within two thousand feet (2,000') of any real property

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which is the subject of a proposed zoning change; provided, that the governing body of any state

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or municipal water department or agency, special water district, or private water company has

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filed with the building inspector in the city or town a map survey, which shall be kept as a public

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record, showing areas of surface water resources and/or watersheds and parcels of land within

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two thousand feet (2,000') thereof.

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     (e) Notwithstanding any of the requirements set forth in subsections (a) through (d)

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above, each municipality shall establish and maintain a public notice registry of landowners,

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electors, and nonprofit organizations within said municipality who requests notice of any changes

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to the zoning ordinance pursuant to this section. The zoning board or zoning officer shall place on

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the registry the name and address of any such landowner, elector, or organization upon written

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request of such landowner, elector, or organization. A landowner, elector, or organization may

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request such notice be sent by mail or by electronic mail.

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     Each municipality shall be required every year to notify, in writing, landowners, electors,

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and nonprofit organizations within said municipality, of the existence of the public notice registry

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through that municipality's applicable yearly tax billing invoices. In addition, each municipality is

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hereby encouraged to notify said landowners, electors, and nonprofit organizations of the

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existence of the public notice registry in all of its current and future communications with the

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public, including, but not limited to, governmental websites, electronic newsletters, public

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bulletins, press releases, and all other means the municipality may use to impart information to

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the local community.

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      (f) No defect in the form of any notice under this section shall render any ordinance or

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amendment invalid, unless the defect is found to be intentional or misleading.

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      (g) Costs of any notice required under this section shall be borne by the applicant.

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      (h) In granting a zoning ordinance amendment, notwithstanding the provisions of section

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45-24-37, the town or city council may limit the change to one of the permitted uses in the zone

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to which the subject land is rezoned, and impose limitations, conditions, and restrictions,

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including, without limitation: (1) requiring the petitioner to obtain a permit or approval from any

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and all state or local governmental agencies or instrumentalities having jurisdiction over the land

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and use which are the subject of the zoning change; (2) those relating to the effectiveness or

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continued effectiveness of the zoning change; and/or (3) those relating to the use of the land; as it

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deems necessary. The responsible town or city official shall cause the limitations and conditions

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so imposed to be clearly noted on the zoning map and recorded in the land evidence records;

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provided, that in the case of a conditional zone change, the limitations, restrictions, and

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conditions shall not be noted on the zoning map until the zone change has become effective. If the

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permitted use for which the land has been rezoned is abandoned or if the land is not used for the

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requested purpose for a period of two (2) years or more after the zone change becomes effective,

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the town or city council may, after a public hearing, change the land to its original zoning use

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before the petition was filed. If any limitation, condition, or restriction in an ordinance is held to

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be invalid by a court in any action, that holding shall not cause the remainder of the ordinance to

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be invalid.

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      (i) The above requirements are to be construed as minimum requirements.

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     SECTION 3. This act shall take effect upon passage.

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LC01113

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO TOWNS AND CITIES - SUBDIVISION OF LAND - ZONING

ORDINANCES

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     This act would require municipalities to establish and maintain a public notice registry of

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landowners, electors, and nonprofit organizations for notification of changes to local regulations.

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     This act would take effect upon passage.

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LC01113

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