Chapter 215
2011 -- S 0021 SUBSTITUTE B
Enacted 07/01/11
A N A C T
RELATING TO
TOWNS & CITIES --
Introduced By: Senators Tassoni, DeVall, Doyle, and Miller
Date Introduced: January 11, 2011
It is enacted by the
General Assembly as follows:
SECTION 1. Sections 45-22.2-2, 45-22.2-3, 45-22.2-4,
45-22.2-5, 45-22.2-6, 45-22.2-8,
45-22.2-9, 45-22.2-10,
45-22.2-11, 45-22.2-12, and 45-22.2-13 of the General Laws in Chapter
45-22.2 entitled “Rhode
Island Comprehensive Planning and Land Use Regulation Act” are
hereby amended to read as follows:
45-22.2-2. Adoption
of comprehensive plans; supersession of prior plans; relation to
other statutes Status of comprehensive plans; relation to other
statutes. – (a) All lawfully
adopted comprehensive plans shall remain in full force and
effect but shall be brought into
conformance with this chapter according to the schedule set
forth in § 45-22.2-5(a)(3) prior to
June 1, 2016.
Each city and town shall review its comprehensive plan and make established
amendments or revisions that are necessary to bring it into
conformance with this chapter.
(b) All cities and
towns which have not adopted a comprehensive plan shall do so
pursuant to the schedule established in § 45-22.2-5(a)(3).
(c) Section 45-22-6
and all special acts relating to comprehensive plans are repealed
effective July 1, 1990. All provisions of comprehensive plans
adopted under the authority of the
provisions of § 45-22-6 or any special act repealed by this
chapter become null and void upon the
adoption of a comprehensive plan by a municipality and upon
approval of the plan by the
director, unless amended to conform to the provisions of this
chapter.
(d) All comprehensive
plans adopted under the authority of § 45-22-6 or any special
enabling act that is in effect on June 11, 1988 shall remain
in full force and effect until the date
specified in the schedule in § 45-22.2-5(a)(3), unless amended
or repealed before the specified
date.
(e) Where time
periods specified for an action conflict with the provisions of a home rule
or legislative charter adopted prior to June 11, 1988,
the provisions of this chapter take
precedence.
(f)(b)
Nothing contained in this chapter is construed to supersede or diminish any
regulatory or planning authority granted or delegated
to a state agency by state or federal statute.
45-22.2-3.
Legislative findings and intent – Statement of goals. – (a)
Findings. The
general assembly recognizes these findings, each with equal
priority and numbered for reference
only, as representing the need to substantially revise
present enabling legislation and, for effective
planning, therefore,
declares that:
(1) The absence of
accurate technical information and comprehensive Comprehensive
planning by municipal government as is necessary to
form a rational basis for the long-term
physical development of a municipality and to avoid creates
conflicting requirements and reactive
land use regulations and decisions.
(2) Municipal government
is responsible for land use, but lacks the and requires accurate
technical information and financial resources to plan for
orderly growth and development, and the
protection and management of our land and natural resources.
(3) Land, water, and air
are finite natural resources. Comprehensive planning must is
needed to provide
for protection, development, use, and management of our land and natural
resources.
(4) Comprehensive
planning and its implementation will are needed to promote the
appropriate use of land. The lack of comprehensive planning and
its implementation has led could
lead to the misuse, underuse, and overuse of our land and
natural resources.
(5) The Comprehensive
planning is needed to provide for the coordination of growth and
the intensity of development with provisions for services
and facilities is a proper objective of
comprehensive planning.
(6) Comprehensive
planning is needed to provide a basis for municipal and state
initiatives to insure ensure all citizens have
access to a range of housing choices, including the
availability of affordable housing for all income levels and age
groups.
(7) Municipal
comprehensive Comprehensive planning must is needed to
recognize and
address potentially conflicting land uses as well
as shared resources in contiguous municipalities
and encourage cooperative planning efforts by
municipalities.
(8) Comprehensive
planning will is needed to provide a basis for improved
coordination
so that local plans reflect issues of local, regional,
and statewide concern. Comprehensive
planning will insure that municipal government has Municipalities must have a role in the
formulation of state goals and policies.
(9) Improved
coordination is necessary between state and municipal governments to
promote uniform standards and review procedures as well as
consistency in land use regulations.
(b) Intent. The general
assembly declares it is the intent of this chapter to:
(1) Establish, in each
municipality, a program of comprehensive planning that is
implemented according to the standards and schedule contained in
this chapter; comprehensive
plans shall be maintained and amended as necessary in order
to achieve the goals established
within this section.
(2) Provide financial
assistance for the formulation and implementation of the
comprehensive plan.
(3) Provide financial
assistance to establish and maintain a uniform data and technical
information base to be used by state and municipal governments
and their agencies.
(4) Establish standards
and a uniform procedure for the review and approval of municipal
comprehensive plans and state guide plans and their consistency
with overall state goals,
objectives, standards, applicable performance measures, and
policies.
(5) Establish and
maintain a procedure in comprehensive for coordinating
planning at
state and municipal levels which will accommodate future
requirements including addressing
potentially conflicting land uses as well as shared resources in
contiguous municipalities and
encouraging cooperative planning efforts by municipalities.
(c) Goals. The general assembly
hereby establishes a series of goals to provide overall
direction and consistency for state and municipal agencies in
the comprehensive planning process
established by this chapter. The goals have equal priority and
are numbered for reference only.
(1) To promote orderly
growth and development that recognizes the natural
characteristics of the land, its suitability for use, and the
availability of existing and proposed
public and/or private services and facilities, and is
consistent with available resources and the
need to protect public health, including drinking water
supply, drinking water safety, and
environmental quality.
(2) To promote an
economic climate which increases quality job opportunities and
overall economic well-being of each municipality and the
state.
(3) To promote the
production and rehabilitation of year-round housing and to preserve
government subsidized housing for persons and families of low
and moderate income in a manner
that: considers local, regional, and statewide needs; achieves a balance of housing choices for all
income levels and age groups; which recognizes
the affordability of housing as the responsibility
of each municipality and the state; takes into
account growth management and the need to phase
and pace development in areas of rapid growth; and which facilitates economic growth in the
state.
(4) To promote the
protection of the natural, historic, and cultural resources of each
municipality and the state.
(5) To promote the
preservation of the open space and recreational resources of each
municipality and the state.
(6) To provide for the
use of performance-based standards for development and to
encourage the use of innovative development regulations and
techniques that promote the
development of land suitable for development while protecting our
natural, cultural, historical,
and recreational resources, and achieving a balanced
pattern of land uses.
(7) To promote
consistency of state actions and programs with municipal comprehensive
plans, and provide for review procedures to ensure that
state goals and policies are reflected in
municipal comprehensive plans and state guide plans.
(8) To ensure that adequate
and uniform data are available to municipal and state
government as the basis for comprehensive planning and land use
regulation.
(9) To ensure that
municipal land use regulations and decisions are consistent with the
comprehensive plan of the municipality, and to insure ensure
state land use regulations and
decisions are consistent with state guide plans.
(10) To encourage the
involvement of all citizens in the formulation, review, and
adoption, or amendment
of the comprehensive plan.
(11) To preserve
existing government subsidized housing for persons and families of low
and moderate income and to increase the overall supply of
year-round housing, including housing
for low and moderate income persons and families.
45-22.2-4.
Definitions. – As used in this chapter the
following words have the meanings
stated herein:
(1) "Affordable
housing plan" means a component of a housing element, prepared by a
town subject to planning expectations established by
chapter 53 of this title, or a component of a
housing element, prepared for the purpose of conformity with
the requirements of § 42-128-8.1
(2)(1)
"Agricultural land" means land suitable for agriculture by reason of
suitability of
soil or other natural characteristics or past use for
agricultural purposes. Agricultural land
includes that defined as prime farm land or additional farm
land of statewide importance for
Rhode Island by the soil conservation service
of the
(3) "Board"
means the state comprehensive plan appeals board as established by chapter
22.3 of this title.
(4)(2)
"Capacity" or "land capacity" means the suitability of the
land, as defined by
geology, soil conditions, topography, and water resources, to
support its development for uses
such as residential, commercial, industrial, open space,
or recreation. Land capacity may be
modified by provision of facilities and services.
(5)(3)
"Capital improvements program" means a proposed schedule of all
future projects
listed in order of construction priority together with cost
estimates and the anticipated means of
financing each project.
(4) "Chief"
means the highest-ranking administrative officer of the division of planning
as established by subsection 42-11-10(g).
(6)(5)
"Coastal features" means those coastal features defined in chapter
23 of title 46 any
coastal beach, barrier island or spit, coastal wetland,
coastal headland, bluff or cliff, rocky shore,
manmade shoreline or dune as outlined and defined by the
coastal resources management
program, and as may be amended.
(7)(6)
"Comprehensive plan" or "comprehensive land use plan" means
a document
containing the components described in this chapter, including the
implementation program
which is consistent with the goals and guidelines
established by this chapter.
(8)
"Council" means the state planning council as established by chapter
11 of title 42.
(9)(7)
"Days" means calendar days.
(10) "Director"
means the director of administration.
(11)(8)
"Division of planning" means the office of state planning as
established as a
division of the department of administration by § subsection
42-11-10(b)(g).
(12) "Federally
insured or assisted housing" means:
(i) Low income
housing units insured or assisted under §§ 221(d)(3)
and 236 of the
National Housing Act, 12 U.S.C. §
1701 et seq.;
(ii) Low income
housing units produced with assistance under § 8 of the
Housing Act of 1937, 42 U.S.C. § 1401 et seq.; and
(iii) Rural low
income housing financed under § 515 of the Housing Act of 1949, 12
U.S.C. § 1715z.
(13)(9)
"Floodplains" or "flood hazard area" means an area that has
is subject to a flood
from a storm having
a one percent (1%) or greater chance of inundation being
equaled or
exceeded in any given year, as delineated by on a
community’s flood hazard map as approved by
the federal emergency management agency pursuant
to the National Flood Insurance Act of 1968,
as amended (P.L. 90-448), 42 U.S.C. 4011 et seq.
(14)(10)
"Forecast" means a description of the conditions, quantities, or
values
anticipated to occur at a designated future time.
(15)(11)
"Goals" means those goals stated in § section
45-22.2-3.
(16) "Historic
district" means one or more historic sites and intervening or surrounding
property significantly affecting or affected by the quality
and character of the historic site or sites,
and has been registered, or is deemed eligible to be
included, on the state register of historical
places pursuant to § 42-45-5.
(17)(12)
"Historic or cultural site resource" means any
real property, man made structure,
natural object, place, landmark, landscape, archaeological
site or configuration or any portion or
group of the preceding which has been registered listed
on the federal or state register of historic
places, or that
is deemed eligible to be included, considered by the
Preservation & Heritage Commission to meet the
eligibility criteria for listing on
the state register
of historic places pursuant to § section
42-45-5 or is located in a historic district established by a
municipality in accordance with chapter 45-24.1, Historic Area Zoning.
(18)
"Improvement" means any man made, immovable item which becomes part
of,
placed upon, or is affixed to, real estate.
(19)(13)
"Land" means real property including improvements and fixtures on,
above, or
below the surface.
(20)(14)
"Land use regulation" means a rule or statute of general application
adopted by
the municipal legislative body which controls, directs,
or delineates allowable uses of land and
the standards for these uses.
(21)(15)
"Local government" means any governmental agency authorized by this
chapter
to exercise the power granted by this chapter.
(22) "Low and
moderate income housing" means housing as defined in chapter 53 of this
title as low and moderate income housing, or as necessary
in the context of implementing the
purposes of the federal Low Income Preservation and Resident
Home Ownership Act of 1999 [12
U.S.C. § 4113], housing as defined in the federal Low
Income Preservation and Resident Home
Ownership Act of 1990 [12 U.S.C. § 4101 et seq.] and
as may be amended for both the purposes
of this chapter and any reference to low and moderate
income housing in relation to a
Comprehensive Plan prepared and adopted pursuant to
this chapter.
(16)
"Maintain" means to evaluate regularly and revise as needed or
required in order to
ensure that a comprehensive plan remains consistent with the
goals and guidelines established by
this chapter.
(23)(17)
"Municipal legislative body" means the town meeting in a town;
the town
council in a town or the city council in a city; or that part
of a municipal government that
exercises legislative powers under a statute or charter.
(24)(18)
"Municipal reviewing authority" means the municipal planning board,
or
commission, or if none, the municipal officers.
(25)(19)
"Open space" means any parcel or area of land or water set aside,
dedicated,
designated, or reserved for public or private use or enjoyment
or for the use and enjoyment of
owners and occupants of land adjoining or neighboring the
open space; provided that the area
may be improved with only those buildings, structures,
streets, and off-street parking, and other
improvements that are designed to be incidental to the natural
openness of the land.
(26)(20)
"Planning board" or "commission" means the body established
by a municipality
under chapter 45-22
or combination of municipalities which has the responsibility to prepare a
comprehensive plan and make recommendations concerning that plan to
the municipal legislative
body.
(27)
"Program" means the statewide planning program established by chapter
11 of title
42.
(28)(21)
"State guide plan" means goals, policies, and plans or plan elements
for the
physical, economic, and social development of the state,
adopted by the state planning council in
accordance with § section 42-11-10.
(29)(22)
"State or regional agency" means, for the purposes of this chapter,
any state
agency, department, public authority, public corporation,
organization, commission, or other
governing body with regulatory or other authority affecting the
goals established either in this
chapter or the state guide plan. Pursuant to § section
45-22.2-2(f), the definition of state and
regional agency shall not be construed to supersede or
diminish any regulatory or planning
authority granted.
(23) "State
agency program or project" State agency program means any non-regulatory,
coordinated group of activities implemented for the purpose of achieving
a specific goal or
objective. State agency project means a specific initiative or
development on an identifiable
parcel(s) of land.
(30) "Strategic
plan for housing production and rehabilitation" means the state guide plan
element promulgated and adopted as set forth in § 42-128-8.1.
(31)(24)
"Voluntary association of local governments" means two (2) or
more
municipalities who that have joined together pursuant
to a written agreement and pursuant to the
authority granted under this chapter for the purpose of
drafting a comprehensive land use plan
and implementation program.
(32)(25) "Wetland,
coastal" “Wetland” means a salt marsh bordering on the tidal
waters
of this state and contiguous uplands extending no more
than fifty (50) yards inland therefrom
a
marsh, swamp, bog, pond, river, river or stream flood plain
or bank; an area subject to flooding or
storm flowage; an emergent or submergent plant community in
any body of fresh water; or an
area within fifty feet (50') of the edge of a bog, marsh,
swamp, or pond, as defined in section 2-1-
20; or any salt marsh bordering on the tidal waters of
this state, whether or not the tidal waters
reach the littoral areas through natural or artificial
watercourses, and those uplands directly
associated and contiguous thereto which are necessary to
preserve the integrity of that marsh, and
as further defined by the RI coastal resources
management program, as may be amended.
(33) "Wetland,
freshwater" means a marsh, swamp, bog, pond, river, river or stream flood
plain or bank; area subject to flooding or storm flowage;
emergent or submergent plant
community in any body of fresh water; or area within fifty feet
(50') of the edge of a bog, marsh,
swamp, or pond, as defined in § 2-1-20.
(34)(26)
"Zoning" means the reservation of certain specified areas within a
community
or city for building and structures, or use of land, for
certain purposes with other limitations as
height, lot coverage, and other stipulated requirements.
45-22.2-5. Formulation
of comprehensive plan by cities and towns Formulation of
comprehensive plans by cities and towns. – (a) The comprehensive plan is a statement (in text,
maps, illustrations, or other media of communication) that
is designed to provide a basis for
rational decision making regarding the long-term physical
development of the municipality. The
definition of goals and policies relative to the distribution of
future land uses, both public and
private, forms the basis for land use decisions to guide the
overall physical, economic, and social
development of the municipality.
(a)(b)
There is established a program of local comprehensive planning to address the
findings and intent and accomplish the goals of this chapter.
through the exercise of their power and responsibility
pursuant to the general laws, applicable
articles of the Rhode Island Constitution, and subject to the
express limitations and requirements
of this chapter, shall:(1) Plan for future land use
which relates development to land capability,
protects our natural resources, promotes a balance of housing
choices, encourages economic
development, preserves and protects our open space, recreational,
historic and cultural resources,
and provides for orderly provision of facilities and
services;
(2) Adopt, update,
and prepare, adopt, amend, and maintain comprehensive plans,
including implementation programs, that relate development
to land capacity, protect our natural
resources, promote a balance of housing choices, encourage
economic development, preserve and
protect our open space, recreational, historic and cultural
resources, provide for orderly provision
of facilities and services and are consistent with the goals, findings, intent, and
other provisions of
this chapter; and the laws of the state.
(3) Conform its
zoning ordinance and map with its comprehensive plan within eighteen
(18) months of plan adoption
and approval as provided for in § 45-22.2-9;
(4) Do all things
necessary to carry out the purposes of this chapter.
(b)(c)
Each municipality shall prepare and adopt a comprehensive plan which is
consistent with the goals, findings, intent, and other
provisions of this chapter, or amend its
existing comprehensive plan to conform with the requirements
of this chapter ensure that its
zoning ordinance and map are consistent with its
comprehensive plan.
(c)(d)
Each municipality shall submit its proposed comprehensive plan and existing
land
use regulation
to the director chief, as provided for in sections 45-22.2-9 and
45-22.2-12 and the
rules promulgated by the state planning council:
(1) Its locally
adopted comprehensive plan;
(2) Any amendment to its
comprehensive plan;
(3) An informational
report on the status of its implementation programs; and
(4) Its zoning
ordinance text and generalized zoning map or maps.
(d) Each municipality
shall submit any amended comprehensive plan to the director.
45-22.2-6. Required elements of comprehensive plan
Required content of a
comprehensive plan. –
The comprehensive plan is a
statement (in text, maps, illustrations, or
other media of communication) that is designed to provide a
basis for rational decision making
regarding the long term physical development of the
municipality. The definition of goals and
policies relative to the distribution of future land uses,
both public and private, forms the basis for
land use decisions to guide the overall physical,
economic, and social development of the
municipality. The comprehensive plan must be internally consistent
in its policies, forecasts, and
standards, and include the following elements:
(a) The comprehensive
plan must utilize a minimum twenty (20) year planning timeframe
in considering forecasts, goals, and policies.
(b) The comprehensive
plan must be internally consistent in its policies, forecasts, and
standards, and shall include the content described within this
section. The content described in
subdivisions (1) through (10) may be organized and presented as
deemed suitable and appropriate
by the municipality. The content described in
subdivisions (11) and (12) must be included as
individual sections of the plan.
(1) Goals and policies statement.
Identifies The plan must identify
the goals and policies
of the municipality for its future growth and
development and for the conservation of its natural
and cultural resources. The statement enumerates how the plan is consistent with the
overall goals
and policies of this chapter, the state guide plan, and
related elements. The goals and
policies of
the plan shall be consistent with the goals and intent of
this chapter and embody the goals and
policies of the state guide plan.
(2) Land use plan
element. Designates the proposed general distribution and general
location and interrelationship of land use for residential,
commercial, industry, open space,
recreation facilities, and other categories of public and
private uses of land. The land use element
is based upon the other elements contained in this
section, and it relates the proposed standards of
population density and building intensity to the capacity of the
land and available or planned
facilities and services. A land use plan map, illustrating the
future strategy and land use policy of
the municipality, as defined by the comprehensive plan,
is required. The land use plan must
contain an analysis of the inconsistency of existing zoning
districts, if any, with the land use plan.
The land use plan should specify the process by which
the zoning ordinance and zoning map shall
be amended to conform to the comprehensive plan.
(3) Housing element.
Consists of identification and analysis of existing and forecasted
housing needs and objectives including programs for the
preservation, including, but not limited
to, the preservation of federally insured or assisted
housing, improvement, and development of
housing for all citizens. The housing element enumerates
local policies and implementation
techniques to promote the production and rehabilitation of
housing that achieves a balance of
housing choices, recognizing local, regional, and statewide
needs for all income levels and for all
age groups, including, but not limited to, the
affordability of housing and the preservation of
federally insured or assisted housing. The element identifies
specific programs and policies for
inclusion in the implementation program necessary to accomplish
this purpose and takes into
account growth management and the need to phase and pace
development in areas of rapid
growth. The housing element includes an affordable housing
plan that identifies housing needs in
the community, including, but not limited to, the needs
for low and moderate income housing,
establishes goals and policies to address those needs, consistent
with available resources and the
need to protect public health, including drinking water
supplies and safety and environmental
quality. The affordable housing plan includes an
implementation program of actions to be taken
to effectuate the policies and goals of the affordable
housing plan.
(4) Economic
development element. Includes the identification of economic development
policies and strategies, either existing or proposed by the
municipality, in coordination with the
land use plan element. These policies should reflect
local, regional, and statewide concerns for
the expansion and stabilization of the economic base and
the promotion of quality employment
opportunities and job growth. The policies and implementation
techniques must be identified for
inclusion in the implementation program element.
(5) Natural and
cultural resources element. Provides an inventory of the significant
natural resource areas as water, soils, prime agricultural
lands, natural vegetation systems,
wildlife, watersheds, wetlands, aquifers, coastal features,
flood plains, and other natural
resources, and the policies for the protection and management
of these areas. The element
includes policies for the protection of the historic and
cultural resources of the municipality and
the state. The policies and implementation techniques
must be identified for inclusion in the
implementation program element.
(6) Services and
facilities element. Provides an inventory of existing and forecasted needs
for facilities and services used by the public as, but
not limited to, educational facilities, public
safety, water, sanitary sewers, libraries, and community
facilities. The policies and
implementation techniques must be identified for inclusion in the
implementation program
element.
(7) Open space and
recreation element. Includes an inventory of recreational resources,
open space areas, and recorded access to these resources
and areas. The element must also
contain an analysis of forecasted needs and policies for the
management and protection of these
resources and areas. The policies and implementation techniques
must be identified for inclusion
in the implementation program element.
(8) Circulation
element. Consists of the inventory and analysis of existing and proposed
major circulation systems, street patterns, and any other
modes of transportation in coordination
with the land use element. The policies and implementation
techniques must be identified for
inclusion in the implementation program element. (9)
Implementation program.
(i) A statement which
defines and schedules for a period of five (5) years or more the
specific public actions to be undertaken in order to achieve
the goals and objectives of each
element of the comprehensive plan. Scheduled expansion or
replacement of public facilities, and
the anticipated costs and revenue sources proposed to
meet those costs reflected in a
municipality's capital improvement program, must be included in the
implementation program.
(ii) The
implementation program identifies the public actions necessary to implement the
objectives and standards of each element of the comprehensive
plan that require the adoption or
amendment of codes and ordinances by the governing body of the
municipality.
(iii) The implementation
program identifies other public authorities or agencies owning
water supply facilities or providing water supply services
to the municipality, and coordinates the
goals and objectives of the comprehensive plan with the
actions of public authorities or agencies
with regard to the protection of watersheds as provided in
§ 46-15.3-1, et seq.
(iv)
The implementation program must detail the timing and schedule of
municipal
actions required to amend the zoning ordinance and map to
conform to the comprehensive plan.
(2) Maps. The plan
must contain maps illustrating the following as appropriate to the
municipality:
(i) Existing
conditions:
(A) Land use,
including the range of residential housing densities;
(B) Zoning;
(C) Key
infrastructure such as, but not limited to, roads, public water, and sewer;
(D) Service areas for
public water and sewer;
(E) Historical and
cultural resource areas and sites;
(F) Open space and
conservation areas (public and private); and
(G) Natural resources
such as, but not limited to, surface water, wetlands, floodplains,
soils, and agricultural land;
(ii) Future land use
illustrating the desired patterns of development, density, and
conservation as defined by the comprehensive plan; and
(iii) Identification
of discrepancies between future land uses and existing zoning use
categories.
(3) Natural resource
identification and conservation. The plan must be based on an
inventory of significant natural resource areas such as, but
not limited to, water, soils, prime
agricultural lands, forests, wildlife, wetlands, aquifers, coastal
features, and floodplains. The plan
must include goals, policies, and implementation
techniques for the protection and management
of these areas.
(4) Open space and
outdoor recreation identification and protection. The plan must be
based on an inventory of outdoor recreational resources,
open space areas, and recorded access to
these resources and areas. The plan must contain an
analysis of forecasted needs, policies for the
management and protection of these resources and areas, and
identification of areas for potential
expansion. The plan must include goals, policies, and
implementation techniques for the
protection and management of existing resources and acquisition
of additional resources if
appropriate.
(5) Historical and
cultural resources identification and protection. The plan must be based
on an inventory of significant historical and cultural
resources such as historical buildings, sites,
landmarks, and scenic views. The plan must include goals,
policies, and implementation
techniques for the protection of these resources.
(6) Housing. The plan
must include the identification of existing housing patterns, an
analysis of existing and forecasted housing needs, and
identification of areas suitable for future
housing development or rehabilitation. The plan shall include
an affordable housing program that
meets the requirements of section 42-128-8.1, the
"Comprehensive Housing Production and
Rehabilitation Act of 2004" and chapter 45-53,
the "
Housing Act". The plan must include goals and policies that further
the goal of subdivision 45-
22.2-3(c)(3) and implementation
techniques that identify specific programs to promote the
preservation, production, and rehabilitation of housing.
(7) Economic
development. The plan must include the identification of existing types and
patterns of economic activities including, but not limited to,
business, commercial, industrial,
agricultural, and tourism. The plan must also identify areas
suitable for future economic
expansion or revitalization. The plan must include goals,
policies, and implementation techniques
reflecting local, regional, and statewide concerns for the
expansion and stabilization of the
economic base and the promotion of quality employment
opportunities and job growth.
(8) Services and
facilities. The plan must be based on an inventory of existing physical
infrastructure such as, but not limited to, educational facilities,
public safety facilities, libraries,
indoor recreation facilities, and community centers. The
plan must describe services provided to
the community such as, but not limited to, water supply
and the management of wastewater,
storm water, and solid waste. The plan must consider energy
production and consumption. The
plan must analyze the needs for future types and levels of
services and facilities, including, in
accordance with section 46-15.3-5.1, water supply system
management planning, which includes
demand management goals as well as plans for water
conservation and efficient use of water
concerning any water supplier providing service in the municipality,
and contain goals, policies,
and implementation techniques for meeting future demands.
(9)
Circulation/Transportation. The plan must be based on an inventory and analysis
of
existing and proposed major circulation systems, including transit
and bikeways; street patterns;
and any other modes of transportation, including
pedestrian, in coordination with the land use
element. Goals, policies, and implementation techniques for
the provision of fast, safe, efficient,
and convenient transportation that promotes conservation
and environmental stewardship must be
identified.
(10) Natural hazards.
The plan must include an identification of areas that could be
vulnerable to the effects of sea-level rise, flooding, storm
damage, drought, or other natural
hazards. Goals, policies, and implementation techniques must
be identified that would help to
avoid or minimize the effects that natural hazards pose to
lives, infrastructure, and property.
(11) Land use. In
conjunction with the future land use map as required in subdivision 45-
22.2-6(b)(2)(ii), the plan
must contain a land use component that designates the proposed general
distribution and general location and interrelationships of land
uses including, but not limited to,
residential, commercial, industrial, open space, agriculture,
recreation facilities, and other
categories of public and private uses of land. The land use
component shall be based upon the
required plan content as stated in this section. It shall
relate the proposed standards of population
density and building intensity to the capacity of the land
and available or planned facilities and
services. The land use component must contain an analysis of
the inconsistency of existing
zoning districts, if any, with planned future land use. The
land use component shall specify the
process and schedule by which the zoning ordinance and zoning
map shall be amended to
conform to the comprehensive plan and shall be included as
part of the implementation program.
(12) Implementation
program.
(i) A statement which
defines and schedules the specific public actions to be undertaken
in order to achieve the goals and objectives of each
component of the comprehensive plan.
Scheduled expansion or replacement of public
facilities, and the anticipated costs and revenue
sources proposed to meet those costs reflected in a
municipality's capital improvement program,
must be included in the implementation program.
(ii) The implementation
program identifies the public actions necessary to implement the
objectives and standards of each component of the comprehensive
plan that require the adoption
or amendment of codes and ordinances by the governing
body of the municipality.
(iii) The
implementation program identifies other public authorities or agencies owning
water supply facilities or providing water supply services
to the municipality, and coordinates the
goals and objectives of the comprehensive plan with the actions
of public authorities or agencies
with regard to the protection of watersheds as provided in
section 46-15.3-1, et seq.
(iv)
The implementation program must detail the timing and schedule of
municipal
actions required to amend the zoning ordinance and map to
conform to the comprehensive plan.
45-22.2-8. Adoption
of comprehensive plans Preparation, adoption, and
amendments of comprehensive plans. – (a) The preparation and adoption of a comprehensive
plan shall be conducted according to the following
provisions in addition to any other provision
that may be required by law:
(1) A single
municipality shall establish and designate its planning board or commission
as the agency having the sole responsibility for
performing all those acts necessary to prepare a
comprehensive plan for the municipality. Planning boards
established under chapter 22 of this
title shall continue to be governed by those provisions In addition to the duties established by
chapter 45-22, local planning board or commission, to the extent that those provisions do not
conflict with the requirements of this chapter, a planning
board or commission has the sole
responsibility for performing all those acts necessary to prepare a
comprehensive plan for a
municipality.
(2) Municipalities which
choose to conduct joint planning and regulatory programs
pursuant to this section shall designate and establish a local
planning committee which has
responsibility for the comprehensive planning program.
(3) The conduct of the comprehensive
planning program for all municipalities planning
board, commission, or the local planning committee shall include:
(i) Conduct of public
hearings and any other methods to solicit and strongly encourage
citizen input into the comprehensive planning process; and
(ii) Preparation of
the comprehensive plan, including the implementation program
component, and recommendations to the municipal legislative
body regarding the adoption of the
plan or amendment
Preparation of the comprehensive plan, including the implementation
program component.
(ii) Citizen
participation through the dissemination of information to the public and
solicitation of both written and oral comments during the
preparation of the plan.
(iii) Conducting a
minimum of one public hearing.
(iv)
Submission of recommendations to the municipal legislative body
regarding the
adoption of the plan or amendment.
(4) The municipality
may enter into a formal written agreement with the chief to conduct
a review of a draft plan or amendment in order to
provide comments prior to the public hearing
by the planning board, commission, or committee.
(b) In order to
encourage citizen participation in the comprehensive planning process,
planning boards, commissions, or committees are directed to
adopt comprehensive plans only
after soliciting and considering public input. Public
hearings by the planning board, commission,
or committee, and the municipal legislative body are
required to be held prior to the adoption of
the comprehensive plan. Adoption of the comprehensive
plan by a municipal legislative body is
in the same manner provided for the adoption of
ordinances in the manner provided for in the
legislative or home rule charter of the municipality except that
the plan need not be published in
its entirety in a newspaper of general circulation. Any
local comprehensive plan adopted as
prescribed in this section before the effective date is deemed
to have been adopted in accordance
with this section.
(b) The adoption or
amendment of a comprehensive plan shall be conducted according to
the following provisions in addition to any other
provision that may be required by law:
(1) Prior to the adoption or amendment of a comprehensive plan,
the city or town council
shall first conduct a minimum of one public hearing.
(c)(2) A
comprehensive plan is adopted, for the purpose of conforming municipal land
use decisions and for the purpose of being
transmitted to the director chief for state review, when
it has been enacted incorporated by reference
into the municipal code of ordinances by the
legislative body of the municipality pursuant to the manner
provided for the adoption of
ordinances in the municipality's legislative or home rule
charter. All ordinances dealing with
the
adoption of or amendment to a municipal comprehensive plan
shall contain language stating that
the comprehensive plan ordinance or amendment shall not
become effective for the purposes of
guiding state agency actions until it is approved by the state
State of
methods stated in this chapter, or pursuant to any rules and
regulations adopted pursuant to this
chapter. The comprehensive plan of a municipality shall not
take effect for purposes of guiding
state agency actions until approved by the director,
comprehensive plan appeals board, chief or
the supreme superior court.
(3) A municipality
may not amend its comprehensive plan more than four (4) times in
any one calendar year. Amendments that are required to
address the findings of the chief, changes
to the state guide plan, or changes to this act shall
not be included under this provision.
(d)(c) The
intent of this section is to provide for the dissemination and discussion of
proposals and alternatives to the proposed comprehensive plan
by means of either individual or
joint legislative and planning commission hearings which
disseminate information to the public
and which seek both written and oral comments from the
public. Public hearing requirements for
either joint hearings or for individual hearings of the
planning board or commission and for the
municipal legislative body shall include the following:
(1) Prior to the
adoption of, or amendment to, a comprehensive plan, notice shall be given
of the public hearing by publication of notice in a
newspaper of general circulation within the city
or town at least once each week for three (3) successive
weeks prior to the date of the hearing,
which may include the week in which the hearing is to be
held, at which hearing opportunity shall
be given to all persons interested to be heard. Written
notice, which may be a copy of the
newspaper notice, shall be mailed to the statewide planning
program of the department of
administration. The newspaper notice shall be published as a display
advertisement, using a type
size at least as large as the normal type size used by the
newspaper in its news articles, and shall:
(i)
Specify the place of the hearing and the date and time of its commencement;
(ii) Indicate that
adoption of, or amendment to, the comprehensive plan is under
consideration;
(iii) Contain a statement
of the proposed amendments to the comprehensive plan that may
be printed once in its entirety, or summarize and
describe the matter under consideration; the plan
need not be published in its entirety;
(iv)
Advise those interested where and when a copy of the matter under
consideration
may be obtained or examined and copied; and
(v) State that the
plan or amendment may be altered or amended prior to the close of the
public hearing without further advertising, as a result of
further study or because of the views
expressed at the public hearing. Any alteration or amendment
must be presented for comment in
the course of the hearing.
45-22.2-9.
State review of local comprehensive plans. – (a)
There is established a
program of comprehensive planning review to promote the
preparation and implementation of
local comprehensive plans, and to provide technical and
financial assistance to accomplish this
purpose. The program also ensures that all local
comprehensive plans and state guide plans are
consistent with the state goals, findings, and intent as
established by this chapter and the state
guide plan.
(b) The director chief
is designated as the reviewing agent, and the director is responsible
for carrying out the provisions of this chapter and
ensuring that the findings, intent, and goals of
this chapter are achieved. The director chief
shall publish guidelines for the preparation of
comprehensive plan elements content required by §
section 45-22.2-6.
(c) The director chief
shall review any comprehensive plan or amendments adopted under
the provisions of this chapter, submitted to the
director, for consistency with the goals and intent
established in the chapter and in the state guide plan, and in
accordance with the following
schedule:
(1) Comprehensive plans
or amendments shall be submitted to the director chief within
thirty (30) days of adoption by the municipal legislative
body, pursuant to § subdivision 45-22.2-
8(c)(b)(2).
(2) Within fifteen (15)
days of the receipt of a comprehensive plan the director shall give
public notice of the initiation of review, and chief shall solicit comments from the
public, regional
and state agencies, and all municipalities contiguous
to the municipality submitting the plan,
update, or
amendment, and from interested parties. The comment period shall extend
for thirty
(30) days after the public
notice and shall be posted on the division of planning website.
(3) Review of the plan,
update, or amendment, and comments by the director chief
shall
be completed and forwarded to the municipality as
follows:
(i) Within one hundred
twenty (120) days of the end of the comment period for new
plans, amended plans, or other amendments if any three (3)
or more of the plan elements required
by § 45-22.2-6 are revised in any way, as compared to
any plan or amendment previously
submitted under this chapter or amendments that have not been submitted under the provisions of
subdivision 45-22.2-8(a)(4); or
(ii) Within thirty (30)
days of the end of the comment period for new plans or amended
plans previously submitted for review under subdivision
45-22.2-8(a)(4)or other amendments that
revise not more than two (2) of the plan elements required
by § 45-22.2-6, as compared to any
plan or amendment previously submitted under this chapter.
(iii) The director
and the division of planning are chief is authorized to discuss and
negotiate, with the municipality, concerning any aspect of a
plan or amendment being reviewed
under subdivision (3)(i) or (3)(ii) of this subsection.
(iv)
The director chief and the municipality submitting a plan,
amended plan, or other
amendment may mutually agree, in writing, to reduce or extend
the review period established by
this section.
(4) Municipalities shall
correct any deficiencies reported by the director chief within
sixty
(60) days of the receipt of
the director's chief’s review and comments provided that the director
chief and the municipality submitting a plan, amended
plan, or other amendment may mutually
agree, in writing, to reduce or extend this period.
(5) The director chief
shall review all corrections and related material submitted by the
municipality and render a final decision on the plan, update,
or amendment or parts of the plan
within thirty (30) days of the end of the period for
correction. In the event of disapproval, the
director. In the event of disapproval, the chief shall notify the municipality by registered mail
and
shall issue findings specifically describing the
deficiencies in the plan or amendment as it relates
to the goals and other provisions of this chapter.
(6) The review process
stated in subdivisions (1) through (5) of this subsection shall be
carried out within a maximum time period of two hundred
fifty-five (255) days under subdivision
(3)(i), one hundred
sixty-five (165) days under subdivision (3)(ii), or the appropriate maximum
period determined under subdivision (3)(iv) or (4).
(7)(6) The
municipality may appeal the decision of the director chief to the
comprehensive plan appeals board a hearing officer as provided for under section 45-22.2-9.1.
The appeal must be made filed within fifteen
(15) thirty (30) days of receipt of the decision by the
director chief. The comprehensive plan appeals board
shall hold a hearing on the appeal, make
findings of fact, and affirm, modify, or reverse the
director's decision. The board shall render its
decision within sixty (60) days of receipt of the appeal. The
municipality or director may appeal
the decision of the board to the supreme court. The
appeal must be made within thirty (30) days
of the board's decision.
(8) Upon approval by
the director, the municipality is eligible for all benefits and
incentives conditioned on adoption of an approved comprehensive
plan pursuant to this chapter,
and the municipality is allowed to submit the approved
comprehensive plan or element to any
state agency which requires the submission of a plan as
part of its requirements, and the plan or
element shall satisfy that requirement
(d) Comprehensive plans,
updates, and amendments shall be reviewed by the director
chief to insure ensure that the following
requirements are complied with:
(1) The intent and
goals of this chapter have been met.
(2) All required elements
content as stated in § section 45-22.2-6 are is
complete;
provided, however, that the state review and approval of
affordable housing plans submitted to
conform with the provisions of chapter 53 of this title shall
not be contingent on requirements for
adopting and/or updating overall comprehensive plans or the
elements thereof.
(3) The plan or
amendment is All plans are consistent with the state guide plan,
and
embody embodies the goals and policies of, the
state and its departments and agencies as
contained in the state guide plan and the laws of the state.
(4) All plans comply
with rules and regulations adopted by the state planning council as
provided for by § 45-22.2-10(b). Municipal planning activities have been
coordinated according
to the provisions of section 45-22.2-7.
(5) The plan or
amendment has been officially adopted and submitted for review in
accordance with section 45-22.2-8 of this chapter and other
applicable procedures.
(6) The plan or
amendment complies with rules and regulations adopted by the state
planning council as provided for by subsection
45-22.2-10 (c).
(7) Adequate,
uniform, and valid data have been used in preparing each plan or
amendment.
(e) The director
shall also review comprehensive plans and amendments and related
documents to insure that the following procedures have been
complied with:
(1) The planning
board or commission is designated to conduct comprehensive planning.
(2) If comprehensive
planning is conducted jointly by two (2) or more municipalities, that
an agreement containing all required information has
been executed by all parties and filed with
the division of planning.
(3) Each plan
encompasses the entire land and water area within the jurisdiction of the
municipality or municipalities concerned.
(4) Adequate,
uniform, and valid data have been used in preparing each plan.
(5) Each plan has
been coordinated with contiguous municipalities.
(6) The public has
been involved in preparation of the plan, and hearings have been
conducted by both the planning board or commission and the
legislative body.
(7) The plan has been
officially adopted in accordance with this chapter and other
applicable procedures.
(8) The plan has been
submitted for review in accordance with statutory deadlines.
(9) Amendments are
made no more frequently than permitted by §45-22.2-12(c));
provided, however, that the initial adoption of amendments by
a municipality in order to comply
with the requirements of an updated or new state guide
plan element as provided for in § 45-22.2-
10(f) shall not be included in determining the
frequency of amendments by a municipality.
(e) State approval of
a plan and any amendment thereto shall expire upon the tenth (10th)
anniversary of the chief’s or superior court’s approval and shall
not be extended.
(f) After an
amendment to this chapter or to the state guide plan, all municipalities shall,
within one year, amend their comprehensive plan to conform
with the amended chapter or the
amended state guide plan. Failure to do so may result in the
rescission, in whole or in part, of
state approval. The chief shall notify the municipality in
writing of a rescission.
(g) Disapproval of an
amendment to a state approved plan shall apply to the amendment
only and not affect the validity of a previously existing
plan approval.
(h) Upon approval by
the chief or superior court, the municipality is eligible for all
benefits and incentives conditioned on an approved
comprehensive plan pursuant to this chapter,
and the municipality is allowed to submit the approved
comprehensive plan or relevant section
thereof to any state agency which requires the submission of
a plan as part of its requirements,
and the plan or relevant section thereof shall satisfy
that requirement.
(i) Those portions of
a comprehensive plan for which state approval was rescinded under
subsection 45-22.2-9(f) and those amendments to a state approved
plan for which state approval
was not received under subsection 45-22.2-9(g), shall not
be subject to the provisions of
subsection 45-22.2-9(h).
45-22.2-9.1.
Appeals. – (a) A decision of the chief
involving the disapproval of a
comprehensive plan or amendment thereto, or rescission in whole or
in part, of a plan approval
may be appealed by the municipality under the provisions
of chapter 42-35, the Administrative
Procedures Act, to a hearing officer designated by the
director of the department of
administration.
(b) The decision of
the hearing officer shall be in writing and shall include findings of
fact and conclusions of law as required in section
42-35-12. The chief may, in his or her
discretion, adopt, modify, or reject such findings of fact
and/or conclusions of law provided;
however, that any such modification or rejection of the
proposed findings of fact or conclusions
of law shall be in writing and shall state the reason
therefor. The hearing officer shall not revise
the comprehensive plan or amendment thereto, but may
suggest alternative language as part of his
or her decision.
(c) A municipality,
having exhausted all administrative remedies available within the
agency, and who is aggrieved by a final administrative
decision is entitled to judicial review
under the provisions of section 42-35-15, the
Administrative Procedures Act.
45-22.2-10.
Coordination of state agencies. – (a) Each state agency with regulatory or
other authority affecting the goals established in this
chapter or the state guide plan, shall submit
to the director, prior to January 1, 1989, a written
report which addresses how each agency has
incorporated the findings, intent, and goals of this chapter into
its planned activities. This report
shall be revised as necessary, but in no case less than
once every two (2) years. After January 1,
1989, shall develop their respective programs and
conduct their
respective activities in a manner consistent with the findings,
intent, and goals established under
this chapter.
(b) The director chief
shall develop standards to assist municipalities in the incorporation
of the state goals and policies into comprehensive
plans, and to guide the director chief's review
of comprehensive plans and state agency activities. The
state planning council shall adopt, no
later than January 1, 1989, all rules and regulations
necessary to implement the standards
established by this chapter.
(c) The state
planning council shall adopt and maintain all rules and regulations necessary
to implement the standards established by this chapter.
(c)(d) (1)
By July 1, 1989, the director The chief
shall develop and make readily
available to all municipalities statewide data and technical
information for use in the preparation
of comprehensive plans. Data specific to each
municipality shall be provided by that
municipality. The director chief shall make maximum
use of existing information available from
other agencies.
(2)(e)
The director chief may contract with any person, firm, or
corporation to develop
the necessary planning information and coordinate with
other state agencies as necessary to
provide support and technical assistance for local
planning efforts.
(d)(f) It
is be the duty of the director to notify all The
chief shall notify appropriate state
agencies of the approval of the a comprehensive
plan, or amendment to a comprehensive plan
amendments to it, of a municipality.
(e)(g) Once
a municipality's comprehensive plan is approved, programs and projects of
state agencies, excluding the state guide plan as provided
for by § section 42-11-10, shall
conform to that plan. In the event that a state agency wishes
to undertake a program, project, or to
develop a facility which is not in conformance with the
comprehensive plan, the state planning
council shall hold a public hearing on the proposal at which
the state agency must demonstrate:
(1) That the program,
project, or facility conforms to the stated goals, findings, and intent
of this chapter. ; and
(2) That the program,
project, or facility is needed to promote or protect the health,
safety, and welfare of the people of . ; and
(3) That the program,
project, or facility is in conformance with the relevant sections of
the state guide plan. ; and
(4) That the program
implementation, project, or size, scope, and design of the facility
has been planned to will vary as little as possible from the comprehensive plan of
the
municipality.
(f) After an
amendment to this chapter or to the state guide plan, all municipalities shall
amend their comprehensive plan to conform with the amended
chapter or the amended state guide
plan. The amendments shall be made within one year of the
amendment to this chapter or to the
state guide plan
45-22.2-11.
State technical and financial assistance. – (a)
There is established a
program of technical and financial assistance for municipalities
to encourage and facilitate the
adoption and implementation of comprehensive planning
throughout the state. The program is
administered by the director chief.
(b) The director chief
shall develop and administer a grants program to provide financial
assistance to municipalities for the preparation of
comprehensive plans pursuant to this chapter.
(c) Grants may be
expended for any purpose directly related to the preparation of a
municipal comprehensive plan including, without limitation, the
conduct of surveys, inventories,
and other data-gathering activities, the hiring of
planning and other technical staff, the retention
of planning consultants, contracts for planning, and
related services, and other related purposes,
in order to provide sufficient economies of scale and to
build planning capacity at the municipal
level.
(d) The director chief
shall establish a program of technical assistance to the various
municipalities, utilizing its own staff and resources to assist
municipalities in the development of
a comprehensive plan. It is also a function of the director
chief to establish a statewide data base
for the use of the municipalities. The director chief
also validates data established by the
municipalities in the formulation of their comprehensive plans.
(e) Financial
assistance provided to each municipality, not exceeding one hundred
twenty-five thousand dollars ($125,000), for the preparation
of the comprehensive plan under this
chapter, is apportioned among the municipalities by the
director as follows:
(1) Fifty percent
(50%) of the total funding appropriated is apportioned equally among
the thirty-nine (39) municipalities without regard to
population size or total land area;
(2) Twenty percent
(20%) of the total funding appropriated is apportioned among the
municipalities on the basis of their respective total land areas
(including inland water bodies) as
determined by the director; and
(3) Thirty percent
(30%) of the total funding appropriated is apportioned among the
municipalities on the basis of their respective total populations
(as established by the director
based upon the most recent decennial federal revenue census
data available).
(e) All departments
and agencies of the state, to the extent practicable, shall provide
technical assistance to municipalities in the development of a
comprehensive plan at the request
of a municipality.
45-22.2-12.
Updates and amendments Maintaining and re-adopting the plan.
– (a)
Each municipality shall submit any amended
comprehensive plans, revised pursuant to the
chapter, including proposed amendments to the implementation
program component of a plan, to
the director for review and approval in the same manner
as provided for review of new
comprehensive plans. The director may provide an expedited review
procedure for those
submissions which represent amendments to comprehensive plans
approved by it after January 1,
1990. A municipality
must maintain a single version of the comprehensive plan including all
amendments, appendices, and supplements. One or more complete
copies of the comprehensive
plan including, all amendments, shall be made available
for review by the public. Availability
shall include print, digital formats, and placement on the
internet.
(b) A municipality may
shall periodically review and amend its plan in a timely manner
to account for growth. At a minimum, a municipality shall
update its comprehensive plan at least
once every five (5) years changing conditions. At a minimum, a municipality
shall fully update
and re-adopt its entire comprehensive plan, including
supplemental plans, such as, but not limited
to, special area plans, that may be incorporated by
reference, at least once every ten (10) years
from the date of municipal adoption. A minimum twenty (20)
year planning timeframe in
considering forecasts, goals, and policies must be utilized for
an update.
(c) A municipality
may not amend its comprehensive plan more than four (4) times in
any one calendar year. A newly adopted plan shall supersede all previous versions.
(d) A municipality
shall file an informational report on the status of the comprehensive
plan implementation program with the chief not more than
five (5) years from the date of
municipal approval.
45-22.2-13.
Compliance and implementation. – (a)
In the event a municipality fails to
submit a comprehensive plan in accordance with the
provisions of this chapter, or the director
disapproves a comprehensive plan and that decision is affirmed by
the board, the director shall
then prepare, and the state comprehensive plan appeals
board adopt, for the municipality in
question, a comprehensive plan which satisfies the
requirements of this chapter.
(b)(a) The
comprehensive plan appeals board shall adopt a plan within one hundred
eighty (180) days of the decision of the board unless the
municipality appeals the decision of the
board within thirty (30) days to the supreme court. The municipality is responsible for the
administration and enforcement of the plan.
(c)(b) For
those municipalities with comprehensive plans approved pursuant to this
chapter all All
municipal land use decisions shall be in conformance with the approved locally
adopted municipal comprehensive plan.
(d)(c) For
communities with municipally adopted comprehensive plans which have not
received state approval pursuant to this chapter, these municipalities
shall conform their land use
decisions to the locally adopted comprehensive plan until the
time state approval is granted. Each
municipality shall amend its zoning ordinance and map to conform
to the comprehensive plan in
accordance with the implementation program as required by
subdivision 45-22.2-6(b)(11) and
paragraph 45-22.2-6(b)(12)(iv). The zoning ordinance and map in
effect at the time of plan
adoption shall remain in force until amended. In instances
where the zoning ordinance is in
conflict with an adopted comprehensive plan, the zoning
ordinance in effect at the time of the
comprehensive plan adoption shall direct municipal land use
decisions until such time as the
zoning ordinance is amended to achieve consistency with the comprehensive
plan and its
implementation schedule. In instances of uncertainty in the internal
construction or application of
any section of the zoning ordinance or map, the ordinance
or map shall be construed in a manner
that will further the implementation of, and not be
contrary to, the goals and policies and
applicable content of the adopted comprehensive plan.
(e)(d)
Limitations on land use approvals may be imposed according to the following
provisions in addition to any other provision that may be
required by law.
(1) Nothing in the
chapter shall be deemed to preclude municipalities from imposing
limitations on the number of building permits or other land use
approvals to be issued at any time,
provided such limitations are consistent with the
municipality's comprehensive plan in
accordance with this chapter and are based on a reasonable,
rational assessment of the
municipality's sustainable capacity for growth.
(2) In the event of a
dire emergency not reasonably foreseeable as part of the
comprehensive planning process, a municipality may impose a
limitation on the number of
building permits or other land use approvals to be issued at
any time, provided that such
limitation is reasonably necessary to alleviate the emergency
and is limited to the time reasonably
necessary to alleviate the emergency.
(e) A one-time
moratorium, for the purpose of providing interim protection for a planned
future land use or uses, may be imposed during the twelve
(12) months subsequent to the
adoption of the local comprehensive plan provided that a
change to the zoning ordinance and map
has been identified and scheduled for implementation
within twelve (12) months of plan
adoption. The moratorium shall be enacted as an ordinance and may
regulate, restrict, or prohibit
any use, development, or subdivisions under the following
provisions:
(1) The moratorium is
restricted to those areas identified on the map or maps as required
by paragraph 45-22.2-6(b)(2)(iii).
(2) A notice of the
moratorium must be provided by first class mail to property owners
affected by said moratorium at least fourteen (14) days in
advance of the public hearing.
(3) The ordinance
shall specify:
(i) The purpose of
the moratorium;
(ii) The date it
shall take effect and the date it shall end;
(iii) The area
covered by the moratorium, and;
(iv)
The regulations, restrictions, or prohibitions established by the
moratorium.
(4) The moratorium
may be extended up to an additional ninety (90) days if necessary to
complete a zoning ordinance and map change provided that: (i)
The public hearing as required by
section 45-24-53 has commenced; and (ii) The chief approves
the extension based on a
demonstration of good cause. Said extension shall not be deemed as
non-conformance to the
implementation schedule.
(f) A moratorium
enacted under the provisions of subsection (e) shall not apply to state
agencies until such time that the municipal comprehensive plan
receives approval from the chief
or superior court.
(g) In the event a
municipality fails to amend its zoning ordinance and map to conform to
the comprehensive plan within the implementation
schedule, or by the expiration of the
moratorium period, a municipality must amend either their
implementation schedule or, if the
future land use is no longer desirable or feasible, amend
the future land use map.
(1) Failure to comply
with this provision within one hundred twenty (120) days of the
date of the implementation schedule or the expiration of
the moratorium period shall result in the
denial or rescission, in whole or in part, of state approval
of the comprehensive plan and of all
benefits and incentives conditioned on state approval.
(2) An implementation
schedule amended under this provision shall not be eligible for an
additional moratorium as provided for in subsection (e).
SECTION 2. Chapter 45-22.3 of the General Laws entitled
“State Comprehensive Plan
Appeals Board” is hereby
repealed.
45-22.3-1. Title. – Chapter 22.3 of this
title shall be known as the "State Comprehensive
Plan Appeals Board".
45-22.3-2. State comprehensive plan appeals board. – (a)
There is created a state
comprehensive plan appeals board to hear and decide appeals by any
municipality of a decision
of the division to approve or disapprove a comprehensive
plan or any amendment to a
comprehensive plan.
(b) Within ninety
(90) days after the end of each fiscal year, the board shall approve and
submit an annual report to the governor, the speaker of the
house of representatives, the president
of the senate, and the secretary of state, of its
activities during that fiscal year. The report shall
provide an operating statement summarizing meetings or
hearings held, meeting minutes if
requested, subjects addressed, decisions rendered, rules or
regulations promulgated, studies
conducted, policies and plans developed, approved, or modified,
and programs administered or
initiated; a consolidated financial statement of all funds
received and expended including the
source of the funds, a listing of any staff supported by
these funds, and a summary of any clerical,
administrative or technical support received; a summary of performance
during the previous
fiscal year including accomplishments, shortcomings and
remedies; a synopsis of hearings,
complaints, suspensions, or other legal matters related to the
authority of the board; a summary of
any training courses held pursuant to subsection
45-22.3-3(e); a briefing on anticipated activities
in the upcoming fiscal year; and findings and
recommendations for improvements. The report
shall be posted electronically on the general assembly and
the secretary of state's websites as
prescribed in § 42-20-8.2 of the
administration shall be responsible for the enforcement of this
provision.
45-22.3-3. Membership. – (a) The board shall consist of nine (9) members appointed by
the governor with the advice and consent of the senate,
as follows:
(1) Three (3) members
shall be municipal elected and/or appointed officials of
municipalities considered to be in the top one-third (1/3)
population bracket as determined by the
most recent decennial federal census available; three (3)
members shall be municipal elected
and/or appointed officials of municipalities considered to
be in the middle one-third (1/3)
population bracket; and three (3) member shall be municipal
elected and/or appointed officials of
municipalities considered to be in the lower one-third (1/3)
population bracket;
(2) No state elected
or appointed official and no state employee shall be eligible for
appointment to the board;
(3) No more than one
municipal elected or appointed official from the same city or town
may serve on the board at the same time; and
(4) All members
selected shall have a reasonable knowledge of land use, planning,
zoning, local government, land conservation, and/or land
development.
(b) Those members of
the board as of the effective date of this act [April 6, 2006] who
were appointed to the board by the governor shall continue
to serve for the duration of their
current terms.
(c) Those members of
the board as of the effective date of this act [April 6, 2006] who
were appointed to the board by members of the general
assembly shall cease to be members of
the commission on the effective date of this act [April
6, 2006], and the governor shall thereupon
nominate six (6) new members, two (2) of whom shall serve an
initial term of one year, two (2) of
whom shall serve an initial term of two (2) years, and two
(2) of whom shall serve an initial term
of three (3) years.
(d) The board shall
elect a chair from among its members.
(e) Newly appointed
and qualified members of the board shall, within six (6) months of
their qualification or designation, attend a training
course that shall be developed with board
approval and conducted by the chair of the board and which
shall include instruction in the
following areas: the provisions of chapters 45-22.3, 42-46,
36-14 and 38-2 and the board's own
rules and regulations. The director of the department of
administration shall, within ninety (90)
days of the effective date of this section [April 6,
2006], prepare and disseminate training
materials relating to the provisions of chapters 42-46, 36-14
and 38-2.
45-22.3-4. Term. – (a) Except
as expressly otherwise provided in subsection 45-22.3-
3(e) of this chapter, members of the board shall serve
for staggered three (3) year terms.
(b) A majority of the
members of the board constitutes a quorum for the conduct of all
business by the board.
(c) Members of the
commission shall be removable by the governor pursuant to § 36-1-7
of the general laws and for cause only, and removal
solely for partisan or personal reasons
unrelated to capacity or fitness for the office shall be
unlawful.
45-22.3-5. Appeal. – (a) A decision of the
director involving the approval or disapproval
of a comprehensive plan or any amendment may be appealed
to the state comprehensive plan
appeals board.
(b) An appeal may be
made by any municipality aggrieved by a decision of the board.
(c) No appeal may be
taken unless a notice of appeal is transmitted to the board within
the time prescribed by chapter 22.2 of this title.
(d) The appellant
shall furnish a copy of the notice of appeal to all appropriate parties.
(e) The board shall
establish rules designating the contents of appeal and all other matters
relating to the procedure for appeal.
45-22.3-6. Decisions of the board. – (a) The board has the power to approve,
disapprove, or modify the decision of the director. In issuing a
decision, the board has all the
power that the director had in issuing the initial
decision, including the power to attach conditions
and restrictions.
(b) All decisions of
the board shall contain a statement of the reason for the decision.
(c) Parties to the
proceeding shall be given written notice of the board's decision, and the
board shall enter proof of performance of its duty in the
record of the case.
45-22.3-7. Procedure for rules and order. – Rules
of order of the board other than
rules concerning its internal organization and affairs,
shall be adopted or issued in accordance
with the state of
45-22.3-8. Severability. – If any provision
of this chapter or of any rule, regulation, or
determination made under it, or the application to any person,
agency, or circumstances, is held
invalid by a court of competent jurisdiction, the remainder
of the chapter, rule, regulation, or
determination and the application of the provisions to other
persons, agencies, or circumstances
shall not be affected by the invalidity. The invalidity of any
section or sections or parts of any
section or sections of this chapter shall not affect the
validity of the remainder of the chapter.
SECTION 3. Sections 45-24-34 and 45-24-50 of the General
Laws in Chapter 45-24
entitled “Zoning Ordinances” are hereby amended to read as
follows:
45-24-34. General provisions – Purpose and consistency
with comprehensive plan. –
(a) A zoning ordinance adopted pursuant to this
chapter shall provide a statement of its purposes.
Those purposes shall be consistent with § section
45-24-30. A zoning ordinance adopted or
amended pursuant to this chapter shall include a statement
that the zoning ordinance is consistent
with the comprehensive plan of the city or town adopted
pursuant to chapter 22.2 of this title, or
as otherwise provided below and shall provide that in
the instance of uncertainty in the
construction or application of any section of the ordinance, the
ordinance shall be construed in a
manner that will further the implementation of, and not be contrary
to, the goals and policies and
applicable elements of the comprehensive plan.
(b) The city or
town shall bring the zoning ordinance or amendment into conformance
with its comprehensive plan as approved by the director
of administration, the state
comprehensive plan appeal board, chief of the division of planning of the department of
administration or the supreme superior court not
more than eighteen (18) months after approval is
given in accordance with its implementation schedule as set
forth in said plan. A zoning
ordinance shall address and specify requirements for the
coordination between contiguous
communities, the state, and other agencies, as required by
chapter 22.2 of this title.
45-24-50. Adoption
– Power of council to adopt – Consistency with comprehensive
plan. – (a) For the purpose of promoting the public health,
safety, morals, and general welfare, a
city or town council has the power, in accordance with the
provisions of this chapter, to adopt,
amend, or repeal, and to provide for the administration,
interpretation, and enforcement of, a
zoning ordinance. The provisions of a zoning ordinance are
stated in text and map(s), and may
incorporate charts or other material.
(b) A zoning ordinance,
and all amendments to it, must be consistent with the city or
town's comprehensive plan, as described in chapter 22.2 of
this title, and provide for the
implementation of the city or town comprehensive plan.
(c) A zoning ordinance
adopted or amended during the pendency of the approval of a
municipality's comprehensive plan must be consistent with that plan,
until the zoning ordinance is
brought into full compliance with the Comprehensive Planning
Act, § subdivision 45-22.2-
5(a)(4).
(d) The city or
town must bring the zoning ordinance or amendment into conformance
with its comprehensive plan as approved by the director
of administration, the state
comprehensive plan appeal board, chief of the division of planning of the department of
administration or the supreme superior court not
more than eighteen (18) months after approval is
given in accordance with its implementation schedule as
set forth in said plan.
SECTION 4. Section 42-11-10 of the General Laws in Chapter
42-11 entitled “Statewide
Planning Program” is hereby
amended to read as follows:
42-11-10.
Statewide planning program. – (a)
Findings. The general assembly finds
that the people of this state have a fundamental interest
in the orderly development of the state;
the state has a positive interest and demonstrated need
for establishment of a comprehensive
strategic state planning process and the preparation,
maintenance, and implementation of plans
for the physical, economic, and social development of the
state; the continued growth and
development of the state presents problems that cannot be met by
the cities and towns
individually and that require effective planning by the state; and
state and local plans and
programs must be properly coordinated with the planning
requirements and programs of the
federal government.
(b) Establishment of
statewide planning program. (1) A statewide planning program is
hereby established to prepare, adopt, and amend strategic
plans for the physical, economic, and
social development of the state and to recommend these to
the governor, the general assembly,
and all others concerned.
(2) All strategic
planning, as defined in subsection (c) of this section, undertaken by the
executive branch for those departments and other agencies
enumerated in subsection (g) of this
section, all
departments and agencies of the executive branch unless specifically exempted,
shall
be conducted by or under the supervision of the
statewide planning program. The statewide
planning program shall consist of a state planning council,
and the office of strategic planning and
the office of systems planning of the division of planning, which shall be a division
within the
department of administration.
(c) Strategic planning.
Strategic planning includes the following activities:
(1) Establishing or
identifying general goals.
(2) Refining or
detailing these goals and identifying relationships between them.
(3) Formulating,
testing, and selecting policies and standards that will achieve desired
objectives.
(4) Preparing long-range
or system plans or comprehensive programs that carry out the
policies and set time schedules, performance measures, and
targets.
(5) Preparing functional
short-range plans or programs that are consistent with
established or desired goals, objectives, and policies, and with
long-range or system plans or
comprehensive programs where applicable, and that establish
measurable intermediate steps
toward their accomplishment of the goals, objectives,
policies, and/or long-range system plans.
(6) Monitoring the
planning of specific projects and designing of specific programs of
short duration by the operating departments, other agencies
of the executive branch, and political
subdivisions of the state to insure that these are consistent with
and carry out the intent of
applicable strategic plans.
(7) Reviewing the
execution of strategic plans and the results obtained and making
revisions necessary to achieve established goals.
(d) State guide plan.
Components of strategic plans prepared and adopted in accordance
with this section may be designated as elements of the
state guide plan. The state guide plan shall
be comprised of functional elements or plans dealing with
land use; physical development and
environmental concerns; economic development; housing production;
energy supply, including
the development of renewable energy resources in
conservation; human services; and other factors necessary to
accomplish the objective of this
section. The state guide plan shall be a means for
centralizing, integrating, and monitoring long-
range goals, policies, plans, and implementation activities
related thereto. State agencies
concerned with specific subject areas, local governments, and
the public shall participate in the
state guide planning process, which shall be closely
coordinated with the budgeting process.
(e) Membership of state
planning council. The state planning council shall consist of:
(1) The director of the
department of administration as chairperson;
(2) The director, policy
office, in the office of the governor, as vice-chairperson;
(3) The governor, or his
or her designee;
(4) The budget officer;
(5) The chairperson of
the housing resources commission;
(6) The chief of
statewide planning, as secretary; The
highest-ranking administrative
officer of the division of planning, as secretary;
(7) The president of the
League of Cities and Towns or his or her designee and one
official of local government, who shall be appointed by the
governor from a list of not less than
three (3) submitted by the
(8) The executive
director of the League of Cities and Towns;
(9) One representative
of a nonprofit community development or housing organization;
(10) Four (4) public
members, appointed by the governor;
(11) Two (2) representatives
of a private, nonprofit environmental advocacy organization,
both to be appointed by the governor; and
(12) The director of
planning and development for the city of
(f) Powers and duties of
state planning council. The state planning council shall have the
following powers and duties:
(1) To adopt strategic
plans as defined in this section and the long-range state guide plan,
and to modify and amend any of these, following the
procedures for notification and public
hearing set forth in § 42-35-3, and to recommend and
encourage implementation of these goals to
the general assembly, state and federal agencies, and
other public and private bodies; approval of
strategic plans by the governor; and to ensure that strategic
plans and the long-range state guide
plan are consistent with the findings, intent, and goals
set forth in § 45-22.2-3, the "
Comprehensive Planning and Land Use Regulation Act”;
(2) To coordinate the
planning and development activities of all state agencies, in
accordance with strategic plans prepared and adopted as provided
for by this section;
(3) To review and
comment on the proposed annual work program of the statewide
planning program;
(4) To adopt rules and standards
and issue orders concerning any matters within its
jurisdiction as established by this section and amendments to it;
(5) To establish
advisory committees and appoint members thereto representing diverse
interests and viewpoints as required in the state planning
process and in the preparation or
implementation of strategic plans. The state planning council shall
appoint a permanent
committee comprised of:
(i) Public members from
different geographic areas of the state representing diverse
interests, and
(ii) Officials of state,
local and federal government, which shall review all proposed
elements of the state guide plan, or amendment or repeal of
any element of the plan, and shall
advise the state planning council thereon before the council
acts on any such proposal. This
committee shall also advise the state planning council on any
other matter referred to it by the
council; and
(6) To establish and
appoint members to an executive committee consisting of major
participants of a
activities.
(7) To adopt, on
or before July 1, 2007, and to amend and maintain as an element of the
state guide plan or as an amendment to an existing element
of the state guide plan, standards and
guidelines for the location of eligible renewable energy
resources and renewable energy facilities
in
commercial and industrial areas, agricultural areas, areas
occupied by public and private
institutions, and property of the state and its agencies and
corporations, provided such areas are of
sufficient size, and in other areas of the state as appropriate.
(g) Division of
planning. (1) The division of planning shall be the principal staff
agency
of the state planning council for preparing and/or
coordinating strategic plans for the
comprehensive management of the state's human, economic, and
physical resources. The division
of planning shall recommend to the state planning
council specific guidelines, standards, and
programs to be adopted to implement strategic planning and the
state guide plan and shall
undertake any other duties established by this section and
amendments thereto.
(2) The division of
planning shall maintain records (which shall consist of files of
complete copies) of all plans, recommendations, rules, and
modifications or amendments thereto
adopted or issued by the state planning council under this
section. The records shall be open to
the public.
(3) The division of
planning shall manage and administer the
information system of land-related resources, and shall
coordinate these efforts with other state
departments and agencies, including the
technical support and assistance in the development and
maintenance of the system and its
associated data base.
(4) The division of
planning shall coordinate and oversee the provision of technical
assistance to political subdivisions of the state in preparing
and implementing plans to accomplish
the purposes, goals, objectives, policies, and/or
standards of applicable elements of the state guide
plan and shall make available to cities and towns data and
guidelines that may be used in
preparing comprehensive plans and elements thereof and in
evaluating comprehensive plans and
elements thereby.
(h) Transfer determinations.
(1) The director of administration, with the approval of the
governor, shall make the conclusive determination of the
number of positions, personnel, physical
space, property, records, and appropriation balances,
allocations and other funds of the
department of mental health, retardation, and hospitals,
department of health, department of
human services, department of corrections, department of
labor and training, department of
environmental management, department of business regulation,
department of transportation,
department of state library services, Rhode Island Economic
Development Corporation,
department of elderly affairs, department of children, youth,
and families, historical preservation
commission, water resources board, and the defense civil
preparedness/emergency management
agency of the executive department to be transferred to the
department of administration in
connection with the functions transferred there into by the
provisions of this article.
(2) In order to
ensure continuity of the strategic planning process of the department
specified heretofore, the actual transfer of functions or any
part thereof to the department of
administration may be postponed after July 1, 1985 until such time
as, by executive order of the
governor, the transfer herein provided can be put into force
and effect but no later than December
31, 1985.
SECTION 5. This act shall take effect upon passage.
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LC00047/SUB B
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