Chapter 194

2010 -- H 7588

Enacted 06/25/10

A N A C T

RELATING TO TOWNS AND CITIES

Introduced By: Representative Kenneth Carter

Date Introduced: February 24, 2010

It is enacted by the General Assembly as follows:

SECTION 1. Chapter 45-24 of the General Laws entitled "Zoning Ordinances" is hereby

amended by adding thereto the following sections:

45-24-46.2. Special provisions -- Transfer of development rights -- North Kingstown.

– (a) In addition to other powers granted to towns and cities by this chapter to establish and

administer transfer of development rights programs, the town council of the town of North

Kingstown may provide by ordinance for the transfer of development rights, as a voluntary

program available to developers and property owners, in the manner set forth in this section.

(b) The establishment, as provided for by this section, of a system for transfer of

development rights within or between zoning districts, or a portion thereof, designated in the

zoning ordinance shall be:

(1) For the purpose of providing developers and property owners the ability to establish,

certify, purchase, sell, convey, and/or hold land development rights; and

(2) For one or more of the following purposes:

(i) Preserving sensitive resource areas in the community such as groundwater reserves,

wildlife habitat, agricultural lands, and public access to surface waters;

(ii) Directing development away from sensitive resource areas to places better suited to

increased levels of development such as established or proposed mixed use, commercial, village,

or residential centers;

(iii) Directing development to areas served by existing infrastructure such as established

roadways, public water supply systems, centralized sewer collection systems, public transit and

other utilities; or

(iv) Shaping and balancing urban and rural development; and/or promoting a high level

of quality in design in the development of private and public facilities and spaces.

(c) For purposes of this section the following terms shall have the following meaning:

(1) “Receiving area district” means a zoning district, which is established and mapped

pursuant to a transfer of development rights ordinance and superimposed on one or more zoning

use districts or portions thereof that is eligible to receive development rights through a major land

development project review. As may be necessary or desirable to achieve the intended uses,

density and intensity of use, a receiving area district may allow for additional development

capacity and for increased lot building coverage and building envelope that are greater than those

of the underlying zoning.

(2) “Sending area district” means a zoning district, which is established and mapped

pursuant to a transfer of development rights ordinance and superimposed on one or more zoning

use districts or a portion thereof, that is eligible to establish development rights that may

eventually be transferred to a receiving area.

45-24-46.3. Special provisions -- Transfer of development rights -- Exeter. – (a) In

addition to other powers granted to towns and cities by this chapter to establish and administer

transfer of development rights programs, the town council of the town of Exeter may provide by

ordinance for the transfer of development rights, as a voluntary program available to developers

and property owners, in the manner set forth in this section.

(b) For purposes of this section the following terms shall have the following meaning:

(1) “Receiving area district” means a zoning district, which is established and mapped

pursuant to a transfer of development rights ordinance and superimposed on one or more zoning

use districts or portions thereof, that is eligible to receive development rights through a major

land development project review. As may be necessary or desirable to achieve the intended uses,

density and intensity of use, a receiving area district may allow for additional development

capacity and for increased lot building coverage and building envelope that are greater than those

of the underlying zoning.

(2) “Sending area district” means a zoning district, which is established and mapped

pursuant to a transfer of development rights ordinance and superimposed on one or more zoning

use districts or a portion thereof, that is eligible to establish development rights that may

eventually be transferred to a receiving area.

(c) The establishment, as provided for by this section, of a system for transfer of

development rights within or between zoning districts, or a portion thereof, designated in the

zoning ordinance shall be:

(1) For the purpose of providing developers and property owners the ability to establish,

certify, purchase, sell, convey, and/or hold land development rights; and

(2) For one or more of the following purposes:

(i) Preserving sensitive resource areas in the community such as groundwater reserves,

wildlife habitat, agricultural lands, and public access to surface waters;

(ii) Directing development away from sensitive resource areas to places better suited to

increased levels of development such as established or proposed mixed use, commercial, village,

or residential centers;

(iii) Directing development to areas served by existing infrastructure such as established

roadways, public water supply systems, centralized sewer collection systems, public transit and

other utilities; or

(iv) Shaping and balancing urban and rural development, and/or promoting a high level

of quality in design in the development of private and public facilities and spaces.

SECTION 2. This act shall take effect upon passage.

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LC01835

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