2024 -- S 2988 SUBSTITUTE A | |
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LC005871/SUB A | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2024 | |
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A N A C T | |
RELATING TO TOWNS AND CITIES -- RHODE ISLAND COMPREHENSIVE PLANNING | |
AND LAND USE ACT | |
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Introduced By: Senator F. Lombardi | |
Date Introduced: April 16, 2024 | |
Referred To: Senate Housing & Municipal Government | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 45-22.2-13 of the General Laws in Chapter 45-22.2 entitled "Rhode |
2 | Island Comprehensive Planning and Land Use Act" is hereby amended to read as follows: |
3 | 45-22.2-13. Compliance and implementation. [Effective March 1, 2024.] |
4 | (a) The municipality is responsible for the administration and enforcement of the plan. |
5 | (b) All municipal land use decisions shall be in conformance with the locally adopted |
6 | municipal comprehensive plan subject to § 45-22.2-12(b). |
7 | (c) Each municipality shall amend its zoning ordinance and map to conform to the |
8 | comprehensive plan in accordance with the implementation program as required by § 45-22.2- |
9 | 6(b)(11) and § 45-22.2-6(b)(12)(iv). The zoning ordinance and map in effect at the time of plan |
10 | adoption shall remain in force until amended. Except with respect to comprehensive plans that have |
11 | failed to be updated within twelve (12) years, as set forth in § 45-22.2-6(b)(11), in instances where |
12 | the zoning ordinance is in conflict with an adopted comprehensive plan, the zoning ordinance in |
13 | effect at the time of the comprehensive plan adoption shall direct municipal land use decisions until |
14 | such time as the zoning ordinance is amended to achieve consistency with the comprehensive plan |
15 | and its implementation schedule. In instances of uncertainty in the internal construction or |
16 | application of any section of the zoning ordinance or map, the ordinance or map shall be construed |
17 | in a manner that will further the implementation of, and not be contrary to, the goals and policies |
18 | and applicable content of the adopted comprehensive plan. |
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1 | (d) Limitations on land use applications, review, and approvals may be imposed according |
2 | to only the following provisions in addition to any other provision that may be required by law.: |
3 | (1) Nothing in the chapter shall be deemed to preclude municipalities from imposing |
4 | reasonable limitations on the number of building permits or other land use approvals to be issued |
5 | at any time, provided such limitations are consistent with the municipality’s comprehensive plan |
6 | in accordance with this chapter and are based on a reasonable, rational assessment of the |
7 | municipality’s sustainable capacity for growth. If such limitation is applied to residential building |
8 | permits, the limitation must be vital to protecting public health and welfare and it must be |
9 | demonstrated that there is no other means available to protect public health and welfare given the |
10 | need for additional housing units in the community. No such limitation shall be applicable to |
11 | applications submitted as part of a comprehensive permit project under § 45-53-4 or units to be |
12 | developed under inclusionary zoning. |
13 | (2) In the event of a dire emergency not reasonably foreseeable as part of the |
14 | comprehensive planning process, a municipality may impose a limitation on the number of building |
15 | permits or other land use approvals to be issued at any time, provided that such limitation is |
16 | reasonably necessary to alleviate the emergency and is limited to the time reasonably necessary to |
17 | alleviate the emergency, but in no event shall such limitation be in place longer than one hundred |
18 | twenty (120) days. |
19 | (e) A one-time moratorium, for the purpose of providing interim protection for a planned |
20 | future land use or uses, may be imposed during the twelve (12) months subsequent to the adoption |
21 | of the local comprehensive plan provided that a change to the zoning ordinance and map has been |
22 | identified and scheduled for implementation within twelve (12) months of plan adoption. The |
23 | moratorium shall be enacted as an ordinance and may regulate, restrict, or prohibit any use, |
24 | development, or subdivisions under the following provisions: |
25 | (1) The moratorium is restricted to those areas identified on the map or maps as required |
26 | by § 45-22.2-6(b)(2)(iii). |
27 | (2) A notice of the moratorium must be provided by first class mail to property owners |
28 | affected by said moratorium at least fourteen (14) days in advance of the public hearing. |
29 | (3) The ordinance shall specify: |
30 | (i) The purpose of the moratorium; |
31 | (ii) The date it shall take effect and the date it shall end; |
32 | (iii) The area covered by the moratorium; and |
33 | (iv) The regulations, restrictions, or prohibitions established by the moratorium. |
34 | (4) The moratorium may be extended up to an additional ninety (90) days if necessary to |
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1 | complete a zoning ordinance and map change provided that: (i) The public hearing as required by |
2 | § 45-24-53 has commenced; and (ii) The chief approves the extension based on a demonstration of |
3 | good cause. Said extension shall not be deemed as non-conformance to the implementation |
4 | schedule. |
5 | (f) A moratorium enacted under the provisions of subsection (e) of this section shall not |
6 | apply to state agencies until such time that the municipal comprehensive plan receives approval |
7 | from the chief or superior court. |
8 | (g) In For a moratorium enacted under the provisions of subsection (e) of this section, in |
9 | the event a municipality fails to amend its zoning ordinance and map to conform to the |
10 | comprehensive plan within the implementation schedule, or by the expiration of the moratorium |
11 | period, a municipality must amend either their implementation schedule or, if the future land use is |
12 | no longer desirable or feasible, amend the future land use map. |
13 | (1) Failure to comply with this provision within one hundred twenty (120) days of the date |
14 | of the implementation schedule or the expiration of the moratorium period shall result in the denial |
15 | or rescission, in whole or in part, of state approval of the comprehensive plan and of all benefits |
16 | and incentives conditioned on state approval. |
17 | (2) An implementation schedule amended under this provision shall not be eligible for an |
18 | additional moratorium as provided for in subsection (e) of this section. |
19 | (h) For any moratorium related to the submission, review or approval of any land use |
20 | application for residential housing development, other than that covered by subsection (e) of this |
21 | section, such moratorium must be vital to protecting public health and welfare and it must be |
22 | demonstrated that there is no other means available to protect public health and welfare given the |
23 | need for additional housing units in the community. No such limitation shall be applicable to |
24 | applications submitted as part of a comprehensive permit project under § 45-53-4, or units to be |
25 | developed under inclusionary zoning. The proposal for such moratorium shall be advertised in a |
26 | newspaper of local circulation at least fourteen (14) days in advance of the hearing and shall be |
27 | posted on the municipal website for the fourteen (14) days in advance of the hearing on the same. |
28 | A moratorium under this provision shall not last for longer than one hundred twenty (120) days. A |
29 | moratorium under this provision must include a vesting provision which vests all applications |
30 | which are substantially complete at the time of the enactment of the moratorium. |
31 | SECTION 2. This act shall take effect upon passage. |
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LC005871/SUB A | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO TOWNS AND CITIES -- RHODE ISLAND COMPREHENSIVE PLANNING | |
AND LAND USE ACT | |
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1 | This act would provide amendments relative to the compliance and implementation of the |
2 | comprehensive planning and use act including the conditions upon which limitations may be placed |
3 | on land use applications by municipalities. |
4 | This act would take effect upon passage. |
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LC005871/SUB A | |
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