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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

     

     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:

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     SECTION 1. Section 45-22.2-13 of the General Laws in Chapter 45-22.2 entitled "Rhode

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Island Comprehensive Planning and Land Use Act" is hereby amended to read as follows:

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     45-22.2-13. Compliance and implementation. [Effective March 1, 2024.]

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     (a) The municipality is responsible for the administration and enforcement of the plan.

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     (b) All municipal land use decisions shall be in conformance with the locally adopted

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municipal comprehensive plan subject to § 45-22.2-12(b).

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     (c) Each municipality shall amend its zoning ordinance and map to conform to the

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comprehensive plan in accordance with the implementation program as required by § 45-22.2-

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6(b)(11) and § 45-22.2-6(b)(12)(iv). The zoning ordinance and map in effect at the time of plan

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adoption shall remain in force until amended. Except with respect to comprehensive plans that have

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failed to be updated within twelve (12) years, as set forth in § 45-22.2-6(b)(11), in instances where

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the zoning ordinance is in conflict with an adopted comprehensive plan, the zoning ordinance in

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effect at the time of the comprehensive plan adoption shall direct municipal land use decisions until

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such time as the zoning ordinance is amended to achieve consistency with the comprehensive plan

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and its implementation schedule. In instances of uncertainty in the internal construction or

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application of any section of the zoning ordinance or map, the ordinance or map shall be construed

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in a manner that will further the implementation of, and not be contrary to, the goals and policies

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and applicable content of the adopted comprehensive plan.

 

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     (d) Limitations on land use applications, review, and approvals may be imposed according

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to only the following provisions in addition to any other provision that may be required by law.:

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     (1) Nothing in the chapter shall be deemed to preclude municipalities from imposing

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reasonable limitations on the number of building permits or other land use approvals to be issued

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at any time, provided such limitations are consistent with the municipality’s comprehensive plan

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in accordance with this chapter and are based on a reasonable, rational assessment of the

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municipality’s sustainable capacity for growth. If such limitation is applied to residential building

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permits, the limitation must be vital to protecting public health and welfare and it must be

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demonstrated that there is no other means available to protect public health and welfare given the

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need for additional housing units in the community. No such limitation shall be applicable to

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applications submitted as part of a comprehensive permit project under § 45-53-4 or units to be

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developed under inclusionary zoning.

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     (2) In the event of a dire emergency not reasonably foreseeable as part of the

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comprehensive planning process, a municipality may impose a limitation on the number of building

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permits or other land use approvals to be issued at any time, provided that such limitation is

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reasonably necessary to alleviate the emergency and is limited to the time reasonably necessary to

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alleviate the emergency, but in no event shall such limitation be in place longer than one hundred

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twenty (120) days.

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     (e) A one-time moratorium, for the purpose of providing interim protection for a planned

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future land use or uses, may be imposed during the twelve (12) months subsequent to the adoption

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of the local comprehensive plan provided that a change to the zoning ordinance and map has been

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identified and scheduled for implementation within twelve (12) months of plan adoption. The

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moratorium shall be enacted as an ordinance and may regulate, restrict, or prohibit any use,

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development, or subdivisions under the following provisions:

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     (1) The moratorium is restricted to those areas identified on the map or maps as required

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by § 45-22.2-6(b)(2)(iii).

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     (2) A notice of the moratorium must be provided by first class mail to property owners

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affected by said moratorium at least fourteen (14) days in advance of the public hearing.

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     (3) The ordinance shall specify:

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     (i) The purpose of the moratorium;

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     (ii) The date it shall take effect and the date it shall end;

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     (iii) The area covered by the moratorium; and

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     (iv) The regulations, restrictions, or prohibitions established by the moratorium.

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     (4) The moratorium may be extended up to an additional ninety (90) days if necessary to

 

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complete a zoning ordinance and map change provided that: (i) The public hearing as required by

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§ 45-24-53 has commenced; and (ii) The chief approves the extension based on a demonstration of

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good cause. Said extension shall not be deemed as non-conformance to the implementation

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schedule.

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     (f) A moratorium enacted under the provisions of subsection (e) of this section shall not

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apply to state agencies until such time that the municipal comprehensive plan receives approval

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from the chief or superior court.

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     (g) In For a moratorium enacted under the provisions of subsection (e) of this section, in

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the event a municipality fails to amend its zoning ordinance and map to conform to the

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comprehensive plan within the implementation schedule, or by the expiration of the moratorium

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period, a municipality must amend either their implementation schedule or, if the future land use is

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no longer desirable or feasible, amend the future land use map.

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     (1) Failure to comply with this provision within one hundred twenty (120) days of the date

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of the implementation schedule or the expiration of the moratorium period shall result in the denial

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or rescission, in whole or in part, of state approval of the comprehensive plan and of all benefits

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and incentives conditioned on state approval.

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     (2) An implementation schedule amended under this provision shall not be eligible for an

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additional moratorium as provided for in subsection (e) of this section.

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     (h) For any moratorium related to the submission, review or approval of any land use

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application for residential housing development, other than that covered by subsection (e) of this

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section, such moratorium must be vital to protecting public health and welfare and it must be

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demonstrated that there is no other means available to protect public health and welfare given the

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need for additional housing units in the community. No such limitation shall be applicable to

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applications submitted as part of a comprehensive permit project under § 45-53-4, or units to be

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developed under inclusionary zoning. The proposal for such moratorium shall be advertised in a

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newspaper of local circulation at least fourteen (14) days in advance of the hearing and shall be

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posted on the municipal website for the fourteen (14) days in advance of the hearing on the same.

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A moratorium under this provision shall not last for longer than one hundred twenty (120) days. A

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moratorium under this provision must include a vesting provision which vests all applications

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which are substantially complete at the time of the enactment of the moratorium.

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     SECTION 2. This act shall take effect upon passage.

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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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     This act would provide amendments relative to the compliance and implementation of the

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comprehensive planning and use act including the conditions upon which limitations may be placed

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on land use applications by municipalities.

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     This act would take effect upon passage.

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