Chapter 300 |
2024 -- H 7951 SUBSTITUTE A Enacted 06/25/2024 |
A N A C T |
RELATING TO TOWNS AND CITIES -- RHODE ISLAND COMPREHENSIVE PLANNING AND LAND USE ACT |
Introduced By: Representatives Craven, Fellela, Corvese, and Edwards |
Date Introduced: March 05, 2024 |
It is enacted by the General Assembly as follows: |
SECTION 1. Section 45-22.2-13 of the General Laws in Chapter 45-22.2 entitled "Rhode |
Island Comprehensive Planning and Land Use Act" is hereby amended to read as follows: |
45-22.2-13. Compliance and implementation. [Effective March 1, 2024.] |
(a) The municipality is responsible for the administration and enforcement of the plan. |
(b) All municipal land use decisions shall be in conformance with the locally adopted |
municipal comprehensive plan subject to § 45-22.2-12(b). |
(c) Each municipality shall amend its zoning ordinance and map to conform to the |
comprehensive plan in accordance with the implementation program as required by § 45-22.2- |
6(b)(11) and § 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. Except with respect to comprehensive plans that have |
failed to be updated within twelve (12) years, as set forth in § 45-22.2-6(b)(11), 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. |
(d) Limitations on land use applications, review, and approvals may be imposed according |
to only 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 |
reasonable 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. If such limitation is applied to residential building |
permits, the limitation must be vital to protecting public health and welfare and it must be |
demonstrated that there is no other means available to protect public health and welfare given the |
need for additional housing units in the community. No such limitation shall be applicable to |
applications submitted as part of a comprehensive permit project under § 45-53-4 or units to be |
developed under inclusionary zoning. |
(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, but in no event shall such limitation be in place longer than one hundred |
twenty (120) days. |
(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 § 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 |
§ 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) of this section shall not |
apply to state agencies until such time that the municipal comprehensive plan receives approval |
from the chief or superior court. |
(g) In For a moratorium enacted under the provisions of subsection (e) of this section, 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) of this section. |
(h) For any moratorium related to the submission, review, or approval of any land use |
application for residential housing development, other than that covered by subsection (e) of this |
section, such moratorium must be vital to protecting public health and welfare and it must be |
demonstrated that there is no other means available to protect public health and welfare given the |
need for additional housing units in the community. No such limitation shall be applicable to |
applications submitted as part of a comprehensive permit project under § 45-53-4, or units to be |
developed under inclusionary zoning. The proposal for such moratorium shall be advertised in a |
newspaper of local circulation at least fourteen (14) days in advance of the hearing and shall be |
posted on the municipal website for the fourteen (14) days in advance of the hearing on the same. |
A moratorium under this provision shall not last for longer than one hundred twenty (120) days. A |
moratorium under this provision must include a vesting provision which that vests all applications |
which that are substantially complete at the time of the enactment of the moratorium. |
SECTION 2. This act shall take effect upon passage. |
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LC005542/SUB A |
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