2013 -- S 0320 SUBSTITUTE A

=======

LC01113/SUB A/2

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

____________

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:

1-1

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

1-2

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

1-3

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

1-4

regulations shall be adopted, repealed, or amended until after a public hearing has been held upon

1-5

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

1-6

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

1-7

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

1-8

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

1-9

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

1-10

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

1-11

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

1-12

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

1-13

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

1-14

its news articles, and shall:

1-15

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

1-16

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

1-17

consideration;

1-18

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

1-19

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

2-1

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

2-2

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

2-3

may be obtained or examined and copied; and

2-4

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

2-5

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

2-6

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

2-7

comment in the course of the hearing.

2-8

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

2-9

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

2-10

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

2-11

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

2-12

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

2-13

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

2-14

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

2-15

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

2-16

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

2-17

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

2-18

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

2-19

above, each municipality shall establish and maintain a public notice registry allowing any person

2-20

or entity to register for electronic notice of any changes to the local regulations. Municipalities

2-21

shall annually provide public notice of existence of said registry by a publication of notice in a

2-22

newspaper of general circulation within the municipality. In addition, each municipality is hereby

2-23

encouraged to provide public notice of the existence of the public notice registry in all of its

2-24

current and future communications with the public, including, but not limited to, governmental

2-25

websites, electronic newsletters, public bulletins, press releases and all other means the

2-26

municipality may use to impart information to the local community.

2-27

     (1) Provided, however, notice pursuant to a public notice registry as per this section, does

2-28

not alone qualify a person or entity on the public notice registry as an “aggrieved party” under

2-29

subdivision 45-24-31(4).

2-30

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

2-31

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

2-32

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

2-33

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

2-34

Ordinances" is hereby amended to read as follows:

3-1

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

3-2

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

3-3

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

3-4

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

3-5

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

3-6

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

3-7

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

3-8

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

3-9

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

3-10

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

3-11

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

3-12

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

3-13

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

3-14

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

3-15

consideration;

3-16

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

3-17

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

3-18

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

3-19

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

3-20

may be obtained or examined and copied; and

3-21

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

3-22

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

3-23

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

3-24

comment in the course of the hearing.

3-25

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

3-26

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

3-27

this section.

3-28

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

3-29

zoning district map but does not affect districts generally, public notice shall be given as required

3-30

by subsection (a) of this section, with the additional requirements that:

3-31

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

3-32

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

3-33

where appropriate; and

4-34

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

4-35

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

4-36

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

4-37

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

4-38

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

4-39

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

4-40

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

4-41

the city or town in which the property is located.

4-42

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

4-43

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

4-44

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

4-45

the area proposed for change; or

4-46

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

4-47

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

4-48

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

4-49

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

4-50

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

4-51

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

4-52

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

4-53

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

4-54

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

4-55

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

4-56

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

4-57

two thousand feet (2,000') thereof.

4-58

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

4-59

above, each municipality shall establish and maintain a public notice registry allowing any person

4-60

or entity to register for electronic notice of any changes to the zoning ordinance. The city or town

4-61

shall provide public notice annually of the existence of the electronic registry by publication of

4-62

notice in a newspaper of general circulation within the city or town. In addition, each

4-63

municipality is hereby encouraged to provide public notice of the existence of the public notice

4-64

registry in all of its current and future communications with the public, including, but not limited

4-65

to, governmental websites, electronic newsletters, public bulletins, press releases and all other

4-66

means the municipality may use to impart information to the local community.

4-67

     (1) Provided, however, notice pursuant to a public notice registry as per this section, does

4-68

not alone qualify a person or entity on the public notice registry as an “aggrieved party” under

5-1

subdivision 45-24-31(4).

5-2

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

5-3

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

5-4

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

5-5

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

5-6

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

5-7

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

5-8

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

5-9

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

5-10

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

5-11

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

5-12

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

5-13

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

5-14

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

5-15

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

5-16

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

5-17

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

5-18

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

5-19

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

5-20

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

5-21

be invalid.

5-22

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

5-23

     SECTION 3. This act shall take effect upon passage.

=======

LC01113/SUB A/2

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO TOWNS AND CITIES - SUBDIVISION OF LAND - ZONING

ORDINANCES

***

6-1

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

6-2

allowing any person or entity to register for electronic notice of any changes to local regulations.

6-3

     This act would take effect upon passage.

=======

LC01113/SUB A/2

=======