| Chapter 339 |
| 2016 -- S 2591 SUBSTITUTE A AS AMENDED Enacted 07/06/2016 |
| A N A C T |
| RELATING TO TOWNS AND CITIES -- SUBDIVISION OF LAND |
| Introduced By: Senators McCaffrey, and Lombardi |
| Date Introduced: February 25, 2016 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 45-23-44 of the General Laws in Chapter 45-23 entitled |
| "Subdivision of Land" is hereby amended to read as follows: |
| 45-23-44. General provisions -- Physical design requirements. -- (a) All local |
| regulations shall specify, through reasonable, objective standards and criteria, all physical design |
| requirements for subdivisions and land-development projects which that are to be reviewed and |
| approved pursuant to the regulations. Regulations shall specify all requirements and policies for |
| subdivisions and land-development projects which that are not contained in the municipality's |
| zoning ordinance. |
| (b) Nothing in this section shall be construed to restrict a municipality's right, within |
| state and local regulations, to establish its own minimum lot size per zoning district in its town or |
| city. |
| (c) The slope of land shall not be excluded from the calculation of the buildable lot area |
| or the minimum lot size, or in the calculation of the number of buildable lots or units. |
| (d) Wetland buffers, as defined in §2-1-20, shall be included in the calculation of a |
| minimum lot area and in the total number of square feet or acres of a tract or parcel of land before |
| calculating the maximum potential number of units or lots for development; provided, however, |
| that this shall not apply to lots directly abutting surface reservoirs with direct withdrawals used |
| for public drinking water. Nothing herein changes the definition and applicability of a "buildable |
| lot" as set forth under §45-23-60(a)(4); and nothing herein permits the disturbance of wetlands or |
| wetland buffers or otherwise alters the provisions of the fresh water wetlands act, §2-1-18 et seq. |
| (d)(e) The requirements and policies may include, but are not limited to,: requirements |
| and policies for rights-of-way, open space, landscaping, connections of proposed streets and |
| drainage systems with those of the surrounding neighborhood,; public access through property to |
| adjacent public property,; and the relationship of proposed developments to natural and man- |
| made features of the surrounding neighborhood. |
| (e)(f) The regulations shall specify all necessary findings, formulas for calculations, and |
| procedures for meeting the requirements and policies. These requirements and policies apply to |
| all subdivisions and land development projects reviewed and/or administered under the local |
| regulations. |
| SECTION 2. This act shall take effect January 1, 2017. |
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| LC004787/SUB A/2 |
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