2024 -- S 3001 SUBSTITUTE A

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LC005867/SUB A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

____________

A N   A C T

RELATING TO TOWNS AND CITIES --SUBDIVISION OF LAND

     Introduced By: Senator Matthew L. LaMountain

     Date Introduced: April 16, 2024

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 45-23-32, 45-23-38, 45-23-39, 45-23-50, 45-23-50.1, 45-23-61, 45-

23-65 and 45-23-67 of the General Laws in Chapter 45-23 entitled "Subdivision of Land" are

hereby amended to read as follows:

     45-23-32. Definitions. [Effective January 1, 2024.]

     Where words or phrases used in this chapter are defined in the definitions section of either

the Rhode Island Comprehensive Planning and Land Use Regulation Act, § 45-22.2-4, or the Rhode

Island Zoning Enabling Act of 1991, § 45-24-31, they have the meanings stated in those acts.

Additional words and phrases may be defined in local ordinances, regulations, and rules under this

act in a manner that does not conflict or alter the terms or mandates in this act, the Rhode Island

Comprehensive Planning and Land Use Regulation Act § 45-22.2-4, and the Rhode Island Zoning

Enabling Act of 1991. The words and phrases defined in this section, however, shall be controlling

in all local ordinances, regulations, and rules created under this chapter. In addition, the following

words and phrases have the following meanings:

     (1) Administrative officer. The municipal official(s) designated by the local regulations

to administer the land development and subdivision regulations to review and approve qualified

applications and/or coordinate with local boards and commissions, municipal staff, and state

agencies as set forth herein. The administrative officer may be a member, or the chair, of the

planning board, an employee of the municipal planning or zoning departments, or an appointed

official of the municipality. See § 45-23-55.

     (2) Board of appeal. The local review authority for appeals of actions of the administrative

officer, which shall be the local zoning board of review constituted as the board of appeal. See §

45-23-57.

     (3) Bond. See improvement guarantee.

     (4) Buildable lot. A lot where construction for the use(s) permitted on the site under the

local zoning ordinance is considered practicable by the planning board, considering the physical

constraints to development of the site as well as the requirements of the pertinent federal, state, and

local regulations. See § 45-23-60(a)(4).

     (5) Certificate of completeness. A notice issued by the administrative officer informing

an applicant that the application is complete and meets the requirements of the municipality’s

regulations, and that the applicant may proceed with the review process.

     (6) Concept plan. A drawing with accompanying information showing the basic elements

of a proposed land development plan or subdivision as used for pre-application meetings and early

discussions, and classification of the project within the approval process.

     (7) Consistency with the comprehensive plan. A requirement of all local land use

regulations which means that all these regulations and subsequent actions are in accordance with

the public policies arrived at through detailed study and analysis and adopted by the municipality

as the comprehensive community plan as specified in § 45-22.2-3.

     (8) Dedication, fee-in-lieu-of. Payments of cash that are authorized in the local regulations

when requirements for mandatory dedication of land are not met because of physical conditions of

the site or other reasons. The conditions under which the payments will be allowed and all formulas

for calculating the amount shall be specified in advance in the local regulations. See § 45-23-47.

     (9) Development plan review. Design or site plan review of a development of a permitted

use. A municipality may utilize development plan review under limited circumstances to encourage

development to comply with design and/or performance standards of the community under specific

and objective guidelines, for the following categories of developments including, but not limited

to:

     (i) A change in use at the property where no extensive construction of improvements is

sought;

     (ii) An adaptive reuse project located in a commercial zone where no extensive exterior

construction of improvements is sought;

     (iii) An adaptive reuse project located in a residential zone that results in less than nine (9)

residential units;

     (iv) Development in a designated urban or growth center; or

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     (v) Institutional development design review for educational or hospital facilities; or

     (vi) Development in a historic district.

     (10) Development regulation. Zoning, subdivision, land development plan, development

plan review, historic district, official map, flood plain regulation, soil erosion control, or any other

governmental regulation of the use and development of land.

     (11) Division of land. A subdivision.

     (12) Environmental constraints. Natural features, resources, or land characteristics that

are sensitive to change and may require conservation measures or the application of special

development techniques to prevent degradation of the site, or may require limited development, or

in certain instances, may preclude development. See also physical constraints to development.

     (13) Final plan. The final stage of land development and subdivision review or a formal

development plan review application. See § 45-23-43 §§ 45-23-38, 45-23-39 and 45-23-50.

     (14) Final plat. The final drawing(s) of all or a portion of a subdivision to be recorded after

approval by the planning board and any accompanying material as described in the community’s

regulations and/or required by the planning board.

     (15) Floor area, gross. See R.I. State Building Code.

     (16) Governing body. The body of the local government, generally the city or town

council, having the power to adopt ordinances, accept public dedications, release public

improvement guarantees, and collect fees.

     (17) Improvement. Any natural or built item that becomes part of, is placed upon, or is

affixed to, real estate.

     (18) Improvement guarantee. A security instrument accepted by a municipality to ensure

that all improvements, facilities, or work required by the land development and subdivision

regulations, or required by the municipality as a condition of approval, will be completed in

compliance with the approved plans and specifications of a development. See § 45-23-46.

     (19) Land development project. A project in which one or more lots, tracts, or parcels of

land or a portion thereof are developed or redeveloped as a coordinated site for one or more uses,

units, or structures, including but not limited to, planned development or cluster development for

residential, commercial, institutional, recreational, open space, or mixed uses. The local regulations

shall include all requirements, procedures, and standards necessary for proper review and approval

of land development projects to ensure consistency with this chapter and the Rhode Island zoning

enabling act.

     (i) Minor land development project. A land development project involving any one of

the following categories which has not otherwise been specifically designated by local ordinance

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as development plan review:

     (A) Seven thousand five hundred (7,500) gross square feet of floor area of new commercial,

manufacturing, or industrial development, or less; or

     (B) An expansion of up to fifty percent (50%) of existing floor area or up to ten thousand

(10,000) square feet for commercial, manufacturing, or industrial structures; or

     (C) Mixed-use development consisting of up to six (6) dwelling units and two thousand

five hundred (2,500) gross square feet of commercial space or less; or

     (D) Multi-family residential or residential condominium development of nine (9) units or

less; or

     (E) Change in use at the property where no extensive construction of improvements is

sought; or

     (F) An adaptive reuse project of up to twenty-five thousand (25,000) square feet of gross

floor area located in a commercial zone where no extensive exterior construction of improvements

is sought; or

     (G) An adaptive reuse project located in a residential zone that results in less than nine (9)

residential units;

      A community can increase but not decrease the thresholds for minor land development set

forth above if specifically set forth in the local ordinance and/or regulations. The process by which

minor land development projects are reviewed by the local planning board, commission, technical

review committee, and/or administrative officer is set forth in § 45-23-38.

     (ii) Major land development project. A land development project that exceeds the

thresholds for a minor land development project as set forth in this section and local ordinance or

regulation. The process by which major land development projects are reviewed by the local

planning board, commission, technical review committee, or administrative officer is set forth in §

45-23-39.

     (20) Local regulations. The land development and subdivision review regulations adopted

under the provisions of this act. For purposes of clarification, throughout this act, where reference

is made to local regulations, it is to be understood as the land development and subdivision review

regulations and all related ordinances and rules properly adopted pursuant to this chapter.

     (21) Maintenance guarantee. Any security instrument that may be required and accepted

by a municipality to ensure that necessary improvements will function as required for a specific

period of time. See improvement guarantee.

     (22) Master plan. An overall plan for a proposed project site outlining general, rather than

detailed, development intentions. It describes the basic parameters of a major development

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proposal, rather than giving full engineering details. Required in major land development or major

subdivision review only. It is the first formal review step of the major land development or major

subdivision process and the step in the process in which the public hearing is held. See § 45-23-39.

     (23) Modification of requirements. See § 45-23-62.

     (24) Parcel. A lot, or contiguous group of lots in single ownership or under single control,

and usually considered a unit for purposes of development. Also referred to as a tract.

     (25) Parking area or lot. All that portion of a development that is used by vehicles, the

total area used for vehicular access, circulation, parking, loading, and unloading.

     (26) Permitting authority. The local agency of government, meaning any board,

commission, or administrative officer specifically empowered by state enabling law and local

regulation or ordinance to hear and decide on specific matters pertaining to local land use.

     (27) Phased development. Development, usually for large-scale projects, where

construction of public and/or private improvements proceeds by sections subsequent to approval

of a master plan for the entire site. See § 45-23-48.

     (28) Physical constraints to development. Characteristics of a site or area, either natural

or man-made, which present significant difficulties to construction of the uses permitted on that

site, or would require extraordinary construction methods. See also environmental constraints.

     (29) Planning board. The official planning agency of a municipality, whether designated

as the plan commission, planning commission, plan board, or as otherwise known.

     (30) Plat. A drawing or drawings of a land development or subdivision plan showing the

location, boundaries, and lot lines of individual properties, as well as other necessary information

as specified in the local regulations.

     (31) Pre-application conference. An initial meeting between developers and municipal

representatives that affords developers the opportunity to present their proposals informally and to

receive comments and directions from the municipal officials and others. See § 45-23-35.

     (32) Preliminary plan. A required stage of land development and subdivision review that

generally requires detailed engineered drawings. See § 45-23-39.

     (33) Public hearing. A hearing before the planning board that is duly noticed in accordance

with § 45-23-42 and that allows public comment. A public hearing is not required for an application

or stage of approval unless otherwise stated in this chapter.

     (34) Public improvement. Any street or other roadway, sidewalk, pedestrian way, tree,

lawn, off-street parking area, drainage feature, or other facility for which the local government or

other governmental entity either is presently responsible, or will ultimately assume the

responsibility for maintenance and operation upon municipal acceptance.

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     (35) Slope of land. The grade, pitch, rise, or incline of the topographic landform or surface

of the ground.

     (36) Storm water detention. A provision for storage of storm water runoff and the

controlled release of the runoff during and after a flood or storm.

     (37) Storm water retention. A provision for storage of storm water runoff.

     (38) Street. A public or private thoroughfare used, or intended to be used, for passage or

travel by motor vehicles. Streets are further classified by the functions they perform. See street

classification.

     (39) Street, access to. An adequate and permanent way of entering a lot. All lots of record

shall have access to a public street for all vehicles normally associated with the uses permitted for

that lot.

     (40) Street, alley. A public or private thoroughfare primarily designed to serve as

secondary access to the side or rear of those properties whose principal frontage is on some other

street.

     (41) Street, cul-de-sac. A local street with only one outlet and having an appropriate

vehicular turnaround, either temporary or permanent, at the closed end.

     (42) Street, limited access highway. A freeway or expressway providing for through

traffic. Owners or occupants of abutting property on lands and other persons have no legal right to

access, except at the points and in the manner as may be determined by the public authority having

jurisdiction over the highway.

     (43) Street, private. A thoroughfare established as a separate tract for the benefit of

multiple, adjacent properties and meeting specific, municipal improvement standards. This

definition does not apply to driveways.

     (44) Street, public. All public property reserved or dedicated for street traffic.

     (45) Street, stub. A portion of a street reserved to provide access to future development,

which may provide for utility connections.

     (46) Street classification. A method of roadway organization that identifies a street

hierarchy according to function within a road system, that is, types of vehicles served and

anticipated volumes, for the purposes of promoting safety, efficient land use, and the design

character of neighborhoods and districts. Local classifications use the following as major

categories:

     (i) Arterial. A major street that serves as an avenue for the circulation of traffic into, out

of, or around the municipality and carries high volumes of traffic.

     (ii) Collector. A street whose principal function is to carry traffic between local streets and

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arterial streets but that may also provide direct access to abutting properties.

     (iii) Local. Streets whose primary function is to provide access to abutting properties.

     (47) Subdivider. Any person who: (i) Having an interest in land, causes it, directly or

indirectly, to be divided into a subdivision; or who (ii) Directly or indirectly sells, leases, or

develops, or offers to sell, lease, or develop, or advertises to sell, lease, or develop, any interest,

lot, parcel, site, unit, or plat in a subdivision; or who (iii) Engages directly or through an agent in

the business of selling, leasing, developing, or offering for sale, lease, or development a subdivision

or any interest, lot, parcel, site, unit, or plat in a subdivision.

     (48) Subdivision. The division of a lot, tract, or parcel of land into two or more lots, tracts,

or parcels or any adjustment to existing lot lines is considered a subdivision.

     (i) Administrative subdivision. Subdivision of existing lots that yields no additional lots

for development, and involves no creation or extension of streets. This subdivision only involves

division, mergers, mergers and division, or adjustments of boundaries of existing lots. The process

by which an administrative officer or municipal planning board or commission reviews any

subdivision qualifying for this review is set forth in § 45-23-37.

     (ii) Minor subdivision. A subdivision creating nine (9) or fewer buildable lots. The process

by which a municipal planning board, commission, technical review committee, and/or

administrative officer reviews a minor subdivision is set forth in § 45-23-38.

     (iii) Major subdivision. A subdivision creating ten (10) or more buildable lots. The

process by which a municipal planning board or commission reviews any subdivision qualifying

for this review under § 45-23-39.

     (49) Technical review committee. A committee or committees appointed by the

municipality for the purpose of reviewing, commenting, approving, and/or making

recommendations to the planning board or administrative officer, as set forth in this chapter.

     (50) Temporary improvement. Improvements built and maintained by a developer during

construction of a development project and prior to release of the improvement guarantee, but not

intended to be permanent.

     (51) Vested rights. The right to initiate or continue the development of an approved project

for a specified period of time, under the regulations that were in effect at the time of approval, even

if, after the approval, the regulations change prior to the completion of the project.

     (52) Waiver of requirements. See § 45-23-62.

     45-23-38. General provisions — Minor land development and minor subdivision

review. [Effective January 1, 2024.]

     (a) Application types and review stages.

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     (1) Applications requesting relief from the zoning ordinance.

     (i) Applications under this section that require relief that qualifies only as a modification

under § 45-24-46 and local ordinances shall may proceed by filing an application under this chapter

and a request for a modification to the zoning enforcement officer. If such modification is granted,

the application shall then proceed to be reviewed by the administrative officer pursuant to the

applicable requirements of this section. If the modification is denied or an objection is received as

set forth in § 45-24-46, such application shall proceed under unified development plan review

pursuant to § 45-23-50.1.

     (ii) Applications under this section that require relief from the literal provisions of the

zoning ordinance in the form of a variance or special-use permit, shall be reviewed by the planning

board under unified development plan review pursuant to § 45-23-50.1, and a request for review

shall accompany the preliminary plan application.

      (iii) Any application involving a street creation or extension shall be reviewed by the

planning board and require a public hearing.

     (2) Other applications. The administrative officer shall review and grant, grant with

conditions, or deny all other applications under this section and may grant waivers of design

standards as set forth in the local regulations and zoning ordinance. The administrative officer may

utilize the technical review committee for initial review and recommendation. The local regulations

shall specifically list what limited waivers an administrative officer is authorized to grant as part of

their review.

     (3) Review stages. Minor plan review consists of two (2) stages, preliminary and final;

provided, that unless otherwise set forth in this section, if a street creation or extension is involved,

or a request for variances and/or special-use permits is submitted, pursuant to the regulation’s

unified development review provisions, a public hearing is required before the planning board. The

administrative officer may combine the approval stages, providing requirements for both stages are

met by the applicant to the satisfaction of the administrative officer.

     (b) Submission requirements. Any applicant requesting approval of a proposed, minor

subdivision or minor land development, as defined in this chapter, shall submit to the administrative

officer the items required by the local regulations.

     (c) Certification. For each applicable stage of review, the application shall be certified, in

writing, complete or incomplete by the administrative officer within twenty-five (25) days of the

submission so long as a completed checklist of the requirements for submission is provided as part

of the submission. If an applicant also submits for a modification to the zoning enforcement officer,

the running of the time period set forth herein will not begin until the decision on the modification

LC005867/SUB A - Page 8 of 29

is made as set forth in § 45-24-46. Such certification shall be made in accordance with the

provisions of § 45-23-36(c). If no street creation or extension is required, and/or unified

development review is not requested, and a completed checklist of the requirements for submission

is provided as part of the submission, such application shall be certified, in writing, complete or

incomplete by the administrative officer within fifteen (15) days according to the provisions of §

45-23-36(c). The running of the time period set forth in this section will be deemed stopped upon

the issuance of a certificate of incompleteness of the application by the administrative officer and

will recommence upon the resubmission of a corrected application by the applicant. However, in

no event will the administrative officer be required to certify a corrected submission as complete

or incomplete less than ten (10) days after its resubmission.

     (d) Decision on preliminary plan. If no street creation or extension is, variance or special

use permits are required, the planning board or administrative officer will approve, deny, or approve

with conditions, the preliminary plan within sixty-five (65) days of certification of completeness,

or within any further time that is agreed to by the applicant and the board administrative officer,

according to the requirements of §§ 45-23-60 and 45-23-63. If a street extension or creation is

required, or the application is reviewed under the unified development plan review or the

application seeks waivers from design standards and/or requirements of the land development and

subdivision regulations that are beyond the authority of the administrative officer to grant, the

planning board will hold a public hearing prior to approval according to the requirements in § 45-

23-42 and will approve, deny, or approve with conditions, the preliminary plan within ninety-five

(95) days of certification of completeness, or within any specified time that is agreed to by the

applicant and the board, according to the requirements of §§ 45-23-60 and 45-23-63.

     (e) Failure to act. Failure of the planning board or administrative officer to act within the

period prescribed constitutes approval of the preliminary plan pending stage of review, and a

certificate of the administrative officer as to the failure of the planning board to act within the

required time and the resulting approval will be issued on request of the application applicant.

     (f) Re-assignment to major review. The planning board may re-assign a proposed minor

project to major review only when the planning board is unable to make the positive findings

required in § 45-23-60.

     (g) Final plan. Final plans shall be reviewed and approved by either the administrative

officer or technical review committee. The officer or committee will report its actions, in writing

to the planning board at its next regular meeting, to be made part of the record. The administrative

officer or technical review committee shall approve, deny, approve with conditions, or refer the

application to the planning board based upon a finding that there is a major change within twenty-

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five (25) days of the certificate of completeness.

     (h) Modifications and changes to plans.

     (1) Minor changes, as defined in the local regulations, to the plans approved at any stage

may be approved administratively, by the administrative officer. The changes may be authorized

without an additional public hearings, at the discretion of the administrative officer hearing. All

changes shall be made part of the permanent record of the project application. This provision does

not prohibit the administrative officer from requesting recommendation from either the technical

review committee or the permitting authority if the permitting authority is not the administrative

officer. Denial of the proposed change(s) shall be referred to the applicable permitting authority for

review as a major change.

     (2) Major changes, as defined in the local regulations, to the plans approved at any stage

may be approved only by the applicable permitting authority and must follow the same review and

hearing process required for approval of preliminary plans, which shall include a public hearing if

originally required as part of the application.

     (3) The administrative officer shall notify the applicant in writing within fourteen (14) days

of submission of the final plan application written request for a change if the administrative officer

determines the change to be a major change.

     (i) Appeal. Decisions under this section shall be considered an appealable decision

pursuant to § 45-23-71.

     (j) Expiration of approvals. Approvals of a minor land development or subdivision plan

expire one year from the date of approval unless, within that period, a plat or plan, in conformity

with approval, and as defined in this act, is submitted for signature and recording as specified in §

45-23-64. Validity may be extended for a longer period, for cause shown, if requested by the

application applicant in writing, and approved by the planning board.

     45-23-39. General provisions — Major land development and major subdivision

review stages. [Effective January 1, 2024.]

     (a) Stages of review. Major land development and major subdivision review consists of

three stages of review, master plan, preliminary plan, and final plan, following the pre-application

meeting(s) specified in § 45-23-35. Also required is a public hearing at the master plan stage of

review or, if combined at the first stage of review.

     (b) The administrative officer may combine review stages and to modify but only the

planning board may waive requirements as specified in § 45-23-62. Review stages may be

combined only after the administrative officer determines that all necessary requirements have been

met by the applicant or that the planning board has waived any submission requirements not

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included by the applicant.

     (c) Master plan review.

     (1) Submission requirements.

     (i) The applicant shall first submit to the administrative officer the items required by the

local regulations for master plans.

     (ii) Requirements for the master plan and supporting material for this phase of review

include, but are not limited to: information on the natural and built features of the surrounding

neighborhood, existing natural and man-made conditions of the development site, including

topographic features, the freshwater wetland and coastal zone boundaries, the floodplains, as well

as the proposed design concept, proposed public improvements and dedications, tentative

construction phasing; and potential neighborhood impacts.

     (iii) Initial comments will be solicited from:

     (A) Local agencies including, but not limited to, the planning department, the department

of public works, fire and police departments, the conservation and recreation commissions;

     (B) Adjacent communities;

     (C) State agencies, as appropriate, including the departments of environmental

management and transportation and the coastal resources management council; and

     (D) Federal agencies, as appropriate. The administrative officer shall coordinate review

and comments by local officials, adjacent communities, and state and federal agencies.

     (iv) Applications requesting relief from the zoning ordinance.

     (A) Applications under this chapter that require relief that qualifies only as a modification

under § 45-24-46 and local ordinances shall may proceed by filing a master plan application under

this section to the administrative officer and, separately, a request for a modification to the zoning

enforcement officer. If such modification is granted, the application shall then proceed to be

reviewed by the planning board pursuant to the applicable requirements of this section. If the

modification is denied or an objection is received as set forth in § 45-24-46, such application shall

proceed under unified development plan review pursuant to § 45-23-50.1.

     (B) Applications under this section that require relief from the literal provisions of the

zoning ordinance in the form of a variance or special use permit, shall be reviewed by the planning

board under unified development plan review pursuant to § 45-23-50.1.

     (2) Certification. The application must be certified, in writing, complete or incomplete by

the administrative officer within twenty-five (25) days of the submission, according to the

provisions of § 45-23-36(c), so long as a completed checklist of requirements is provided with the

submission. If an applicant also submits for a modification to the zoning enforcement officer, the

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running of the time period set forth herein will not begin until the decision on the modification is

made as set forth in § 45-24-46. The running of the time period set forth herein will be deemed

stopped upon the issuance of a certificate of incompleteness of the application by the administrative

officer and will recommence upon the resubmission of a corrected application by the applicant.

However, in no event will the administrative officer be required to certify a corrected submission

as complete or incomplete less than ten (10) days after its resubmission.

     (3) Technical review committee. To the extent the community utilizes a technical review

committee, it shall review the application prior to the first planning board meeting and shall

comment and make recommendations to the planning board.

     (4) Public hearing.

     (i) A public hearing will be held prior to the planning board decision on the master plan. If

the master plan and preliminary plan review stages are being combined, a public hearing shall be

held during the combined stage of review.

     (ii) Notice for the public hearing is required and must be given at least fourteen (14) days

prior to the date of the meeting in a newspaper of local circulation within the municipality. Notice

must be mailed to the applicant and to all property owners within the notice area, as specified by

local regulations.

     (iii) At the public hearing, the applicant will present the proposed development project.

The planning board must allow oral and written comments from the general public. All public

comments are to be made part of the public record of the project application.

     (5) Decision. The planning board shall, within ninety (90) days of certification of

completeness, or within a further amount of time that may be consented to by the applicant through

the submission of a written waiver, approve of the master plan as submitted, approve with changes

and/or conditions, or deny the application, according to the requirements of §§ 45-23-60 and 45-

23-63.

     (6) Failure to act. Failure of the planning board to act within the prescribed period

constitutes approval of the master plan, and a certificate of the administrative officer as to the failure

of the planning board to act within the required time and the resulting approval will be issued on

request of the applicant.

     (7) Vesting.

     (i) The approved master plan is vested for a period of two (2) years, with the right to extend

for two (2), one-year extensions upon written request by the applicant, who must appear before the

planning board for the annual review. Thereafter, vesting may be extended for a longer period, for

good cause shown, if requested by the applicant, in writing, and approved by the planning board.

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Master plan vesting includes the zoning requirements, conceptual layout, and all conditions shown

on the approved master plan drawings and supporting materials.

     (ii) The initial four-year (4) vesting for the approved master plan constitutes the vested

rights for the development as required in § 45-24-44.

     (d) Preliminary plan review.

     (1) Submission requirements.

     (i) The applicant shall first submit to the administrative officer the items required by the

local regulations for preliminary plans.

     (ii) Requirements for the preliminary plan and supporting materials for this phase of the

review include, but are not limited to: engineering plans depicting the existing site conditions,

engineering plans depicting the proposed development project, and a perimeter survey.

     (iii) At the preliminary plan review phase, the administrative officer shall solicit final,

written comments and/or approvals of the department of public works, the city or town engineer,

the city or town solicitor, other local government departments, commissions, or authorities as

appropriate.

     (iv) Prior to approval of the preliminary plan, copies of all legal documents describing the

property, proposed easements, and rights-of-way.

     (v) Prior to approval of the preliminary plan, an applicant must submit all permits required

by state or federal agencies, including permits related to freshwater wetlands, the coastal zone,

floodplains, preliminary suitability for individual septic disposal systems, public water systems,

and connections to state roads. For a state permit from the Rhode Island department of

transportation, a letter evidencing the issuance of such a permit upon the submission of a bond and

insurance is sufficient, but such actual permit shall be required prior to the issuance of a building

permit.

     (vi) If the applicant is requesting alteration of any variances and/or special-use permits

granted by the planning board or commission at the master plan stage of review pursuant to adopted

unified development review provisions, and/or any new variances and/or special-use permits, such

requests and all supporting documentation shall be included as part of the preliminary plan

application materials, pursuant to § 45-23-50.1(b).

     (2) Certification. The application will be certified as complete or incomplete by the

administrative officer within twenty-five (25) days, according to the provisions of § 45-23-36(c) so

long as a completed checklist of requirements is provided with the submission. The running of the

time period set forth herein will be deemed stopped upon the issuance of a certificate of

incompleteness of the application by the administrative officer and will recommence upon the

LC005867/SUB A - Page 13 of 29

resubmission of a corrected application by the applicant. However, in no event shall the

administrative officer be required to certify a corrected submission as complete or incomplete less

than ten (10) days after its resubmission.

     (3) Technical review committee. To the extent the community utilizes a technical review

committee, it shall review the application prior to the first planning board meeting and shall

comment and make recommendations to the planning board.

     (4) Public notice. Prior to the first planning board meeting on the preliminary plan, public

notice shall be sent to abutters only at least fourteen (14) days before the hearing.

     (5) Public improvement guarantees. Proposed arrangements for completion of the

required public improvements, including construction schedule and/or financial guarantees, shall

be reviewed and approved by the planning board at preliminary plan approval.

     (6) Decision. A complete application for a major subdivision or development plan shall be

approved, approved with conditions, or denied, in accordance with the requirements of §§ 45-23-

60 and 45-23-63, within ninety (90) days of the date when it is certified complete, or within a

further amount of time that may be consented to by the developer through the submission of a

written waiver. Provided that, the timeframe for decision is automatically extended if evidence of

state permits has not been provided, or otherwise waived in accordance with this section.

     (7) Failure to act. Failure of the planning board to act within the prescribed period

constitutes approval of the preliminary plan, and a certificate of the administrative officer as to the

failure of the planning board to act within the required time and the resulting approval shall be

issued on request of the applicant.

     (8) Vesting. The approved preliminary plan is vested for a period of two (2) years with the

right to extend for two (2), one-year extensions upon written request by the applicant, who must

appear before the planning board for each annual review and provide proof of valid state or federal

permits as applicable. Thereafter, vesting may be extended for a longer period, for good cause

shown, if requested, in writing by the applicant, and approved by the planning board. The vesting

for the preliminary plan approval includes all general and specific conditions shown on the

approved preliminary plan drawings and supporting material.

     (e) Final plan.

     (1) Submission requirements.

     (i) The applicant shall submit to the administrative officer the items required by the local

regulations for the final plan, as well as all material required by the planning board when the

application was given preliminary approval.

     (ii) Arrangements for completion of the required public improvements, including

LC005867/SUB A - Page 14 of 29

construction schedule and/or financial guarantees.

     (iii) Certification by the tax collector that all property taxes are current.

     (iv) For phased projects, the final plan for phases following the first phase, shall be

accompanied by copies of as-built drawings not previously submitted of all existing public

improvements for prior phases.

     (2) Certification. The application for final plan approval shall be certified complete or

incomplete by the administrative officer in writing, within fifteen (15) days, according to the

provisions of § 45-23-36(c) so long as a completed checklist of requirements is provided with the

submission. This time period may be extended to twenty-five (25) days by written notice from the

administrative officer to the applicant where the final plans contain changes to or elements not

included in the preliminary plan approval. The running of the time period set forth herein shall be

deemed stopped upon the issuance of a certificate of incompleteness of the application by the

administrative officer and shall recommence upon the resubmission of a corrected application by

the applicant. However, in no event shall the administrative officer be required to certify a corrected

submission as complete or incomplete less than ten (10) days after its resubmission. If the

administrative officer certifies the application as complete and does not require submission to the

planning board as per subsection (c) of this section, the final plan shall be considered approved.

     (3) Decision. The administrative officer, or, if referred to it, the planning board, shall

review, grant, grant with conditions, or deny final plan approval. A decision shall be issued within

forty-five (45) days after the certification of completeness, or within a further amount of time that

may be consented to by the applicant, approve or deny the final plan as submitted.

     (4) Failure to act. Failure of the administrative officer, or, if referred to it, the planning

board to act within the prescribed period constitutes approval of the final plan, and a certificate of

the administrative officer as to the failure of the planning board to act within the required time and

the resulting approval shall be issued on request of the applicant.

     (5) Expiration of approval. The final approval of a major subdivision or land development

project expires one year from the date of approval with the right to extend for one year upon written

request by the applicant, who must appear before the planning board for the annual review, unless,

within that period, the plat or plan has been submitted for signature and recording as specified in §

45-23-64. Thereafter, the planning board may, for good cause shown, extend the period for

recording.

     (6) Acceptance of public improvements. Signature and recording as specified in § 45-23-

64 constitute the acceptance by the municipality of any street or other public improvement or other

land intended for dedication. Final plan approval shall not impose any duty upon the municipality

LC005867/SUB A - Page 15 of 29

to maintain or improve those dedicated areas until the governing body of the municipality accepts

the completed public improvements as constructed in compliance with the final plans.

     (7) Validity of recorded plans. The approved final plan, once recorded, remains valid as

the approved plan for the site unless and until an amendment to the plan is approved under the

procedure stated in § 45-23-65, or a new plan is approved by the planning board.

     (f) Modifications and changes to plans.

     (1) Minor changes, as defined in the local regulations, to the plans approved at any stage

may be approved administratively, by the administrative officer. The changes may be authorized

without an additional planning board meeting, to the extent applicable, at the discretion of the

administrative officer. All changes shall be made part of the permanent record of the project

application. This provision does not prohibit the administrative officer from requesting

recommendation from either the technical review committee or the permitting authority. Denial of

the proposed change(s) shall be referred to the applicable permitting authority planning board for

review as a major change.

     (2) Major changes, as defined in the local regulations, to the plans approved at any stage

may be approved only by the applicable permitting authority planning board and must include a

public hearing.

     (3) The administrative officer shall notify the applicant in writing within fourteen (14) days

of submission of the final plan application written request for a change if the administrative officer

determines the change to be a major change of the approved plans.

     (g) Appeal. Decisions under this section shall be considered an appealable decision

pursuant to § 45-23-71.

     45-23-50. Special provisions — Development plan review. [Effective January 1, 2024.]

     (a) Municipalities may provide for development plan review, as defined in §§ 45-23-32

and 45-24-49 of the Rhode Island Zoning Enabling Act of 1991, as part of the local regulations. In

these instances, local regulations must include all requirements, procedures, and standards

necessary for proper review and recommendations of projects subject to development plan review

to ensure consistency with the intent and purposes of this chapter and with § 45-24-49 of the Rhode

Island Zoning Enabling Act of 1991. The local regulations and/or ordinances shall identify the

permitting authority with the responsibility to review and approve applications for development

plan review, which shall be designated as the planning board, technical review committee, or

administrative officer. The local regulations and/or ordinances shall provide for specific categories

of projects that may review and approve an application administratively as well as categories that

are required to be heard by the designated planning board, or authorized permitting authority.

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     (b) The authorized permitting authority may waive requirements for development plan

approval where there is a change in use or occupancy and no extensive construction of

improvements is sought. The waiver may be granted only by a decision by the permitting authority

finding that the use will not affect existing drainage, circulation, relationship of buildings to each

other, landscaping, buffering, lighting, and other considerations of development plan approval, and

that the existing facilities do not require upgraded or additional site improvements. The application

for a waiver of development plan approval review shall include documentation, as required by the

permitting authority, on prior use of the site. the proposed use, and its impact.

     (c) The authorized permitting authority may grant waivers of design standards as set forth

in the local regulations and zoning ordinance. The local regulations shall specifically list what

limited waivers an administrative officer is authorized to grant as part of their review.

     (d) Review stages. Administrative development plan review consists of one stage of

review, while formal development plan review consists of two (2) stages of review, preliminary

and final. The administrative officer may combine the approval stages, providing requirements for

both stages are met by the applicant to the satisfaction of the administrative officer.

     (1) Application requesting relief from the zoning ordinance.

     (i) Applications under this chapter that require relief that qualifies only as a modification

under § 45-24-46 and local ordinances shall may proceed by filing an application under this chapter

and a request for a modification to the zoning enforcement officer. If such modification is granted

the application shall then proceed to be reviewed by the administrative officer as to completeness

pursuant to the applicable requirements of this section. If the modification is denied or an objection

is received as set forth in § 45-24-46, such application shall proceed under unified development

plan review pursuant to § 45-23-50.1.

     (ii) Applications under this section that require relief from the literal provisions of the

zoning ordinance in the form of a variance or special use permit, shall be reviewed by the planning

board under unified development plan review pursuant to § 45-23-50.1, and a request for review

shall accompany the preliminary plan application.

     (e) Submission requirements. Any applicant requesting approval of a proposed

development under this chapter, shall submit to the administrative officer the items required by the

local regulations. Requests for relief from the literal requirements of the zoning ordinance and/or

for the issuance of special-use permits or use variances related to projects qualifying for

development plan review shall be submitted and reviewed under unified development review

pursuant to § 45-23-50.1.

     (f) Certification. The application shall be certified, in writing, complete or incomplete by

LC005867/SUB A - Page 17 of 29

the administrative officer within twenty-five (25) days or within fifteen (15) days if no street

creation or extension is required, and/or unified development review is not required, according to

the provisions of § 45-23-36(c). If an applicant also submits for a modification to the zoning

enforcement officer, the running of the time period set forth herein will not begin until the decision

on the modification is made as set forth in § 45-24-46. The running of the time period set forth in

this section will be deemed stopped upon the issuance of a written certificate of incompleteness of

the application by the administrative officer and will recommence upon the resubmission of a

corrected application by the applicant. However, in no event will the administrative officer be

required to certify a corrected submission as complete or incomplete less than ten (10) days after

its resubmission. If the administrative officer certifies the application as incomplete, the officer

shall set forth in writing with specificity the missing or incomplete items.

     (g) Timeframes for decision.

     (1) Administrative development plan approval. An application shall be approved, denied,

or approved with conditions within twenty-five (25) days of the certificate of completeness or

within any further time that is agreed to in writing by the applicant and administrative officer.

     (2) Formal development plan approval.

     (i) Preliminary plan. Unless the application is reviewed under unified development

review, the permitting authority will approve, deny, or approve with conditions, the preliminary

plan within sixty-five (65) days of certification of completeness, or within any further time that is

agreed to by the applicant and the permitting authority.

     (ii) Final plan. For formal development plan approval, the permitting authority shall

delegate final plan review and approval to the administrative officer. The officer will report its

actions in writing to the permitting authority at its next regular meeting, to be made part of the

record. The final plan shall be approved or denied within forty-five (45) days after the certification

of completeness, or within a further amount of time that may be consented to by the applicant, in

writing.

     (h) Failure to act. Failure of the administrative officer or the permitting authority to act

within the period prescribed constitutes approval of the preliminary plan, and a certificate of the

administrative officer as to the failure to act within the required time and the resulting approval

shall be issued on request of the application.

     (i) Vested rights. Approval of development plan review shall expire two (2) years from

the date of approval unless, within that period, a plat or plan, in conformity with approval, and as

defined in this act, is submitted for signature and recording as specified in § 45-23-64. Validity

may be extended for an additional period upon application to the administrative officer or

LC005867/SUB A - Page 18 of 29

permitting authority, whichever entity approved the application, upon a showing of good cause.

     (j) Modifications and changes to plans.

     (1) Minor changes, as defined in the local regulations, to the plans approved at any stage

may be approved administratively, by the administrative officer, whereupon final plan approval

may be issued. The changes may be authorized without an additional planning board meeting, at

the discretion of the administrative officer. All changes shall be made part of the permanent record

of the project application. This provision does not prohibit the administrative officer from

requesting recommendation from either the technical review committee or the permitting authority

if the permitting authority is not the administrative officer. Denial of the proposed change(s) shall

be referred to the permitting authority for review as a major change.

     (2) Major changes, as defined in the local regulations, to the plans approved at any stage

may be approved only by the permitting authority and must follow the same review and hearing

process required for approval of preliminary plans, which shall include a public hearing, if

originally required as part of the project's approvals.

     (3) The administrative officer shall notify the applicant in writing within fourteen (14) days

of submission of the final plan application written request for a change if the administrative officer

determines that there has been a major change to the approved plans.

     (k) Appeal. A decision under this section shall be considered an appealable decision

pursuant to § 45-23-71.

     45-23-50.1. Special provisions — Unified development review. [Effective January 1,

2024.]

     (a) A municipal zoning ordinance shall provide for unified development review pursuant

to § 45-24-46.4, and the local regulations must include procedures for the filing, review, and

approval of applications, pursuant to § 45-24-46.4 and this section.

     (b) Review of projects submitted under the unified development review provisions of the

regulations shall adhere to the procedures, timeframes, and standards of the underlying category of

the project as listed in § 45-23-36, but shall also include the following procedures:

     (1) Minor subdivisions and land development projects. Except for dimensional relief

granted by modification as set forth in § 45-23-38 and § 45-24-46, requests for variances and/or for

the issuance of special-use permits related to minor subdivisions and land development projects

shall be submitted as part of the application materials for the preliminary plan stage of review or if

combined, for the first stage of reviews. A public hearing on the application, including any variance

and special-use permit requests that meets the requirements of subsection (d) of this section shall

be held prior to consideration of the preliminary plan by the planning board or commission. The

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planning board or commission shall conditionally approve or deny the request(s) for the variance(s)

and/or special-use permit(s) before considering the preliminary plan application for the minor

subdivision or land development project. Approval of the variance(s) and/or special-use permit(s)

shall be conditioned on approval of the final plan of the minor subdivision or land development

project.

     (2) Development plan review. Except for dimensional relief granted by modification as

set forth in § 45-23-38 45-23-50 and § 45-24-46, requests for relief from the literal requirements of

the zoning ordinance and/or for the issuance of special-use permits related to minor subdivisions

and land development projects shall be submitted as part of the application materials for the

preliminary plan stage of review. A public hearing on the application, including any variance and

special-use permit requests that meets the requirements of subsection (d) of this section shall be

held prior to consideration of the preliminary plan by the planning board or commission relevant

permitting authority. The planning board or commission authorized permitting authority shall

conditionally approve or deny the request(s) for the variance(s) and/or special-use permit(s) before

considering the preliminary plan application for the minor subdivision or land development project.

Approval of the variance(s) and/or special-use permit(s) shall be conditioned on approval of the

final plan of the minor subdivision or land development project.

     (3) Major subdivisions and land development projects — Master plan. Except for

dimensional relief granted by modification as set forth in § 45-23-39, requests for variances for

relief from the literal requirements of the zoning ordinance and/or for the issuance of a special-use

permit related to major subdivisions and land development projects shall be submitted as part of

the application materials for the master plan stage of review, or if combined, the first stage of

review. A public hearing on the application, including any variance and special-use permit requests,

that meets the requirements of subsection (d) of this section, shall be held prior to consideration of

the master plan by the planning board or commission. The planning board or commission shall

conditionally approve or deny the requests for the variance(s) and/or special-use permit(s) before

considering the master plan application for the major subdivision or land development project.

Approval of the variance(s) and/or special-use permit(s) shall be conditioned on approval of the

final plan of the major subdivision or land development project.

     (4) Major subdivisions and land development projects — Preliminary plan. During

the preliminary plan stage of review, applicants shall have the ability to request alteration of any

variance(s) and/or special-use permit(s) granted by the planning board or commission during the

master plan stage of review, and/or to request new variance(s) and/or special-use permit(s), based

on the outcomes of the more detailed planning and design necessary for the preliminary plan. If

LC005867/SUB A - Page 20 of 29

necessary, the applicant shall submit such requests and all supporting documentation along with

the preliminary plan application materials. If the applicant requests new or additional zoning relief

at this stage, a public hearing on the application, that meets the requirements of subsection (d) of

this section, shall be held prior to consideration of the preliminary plan by the planning board or

commission. The planning board or commission shall conditionally approve, amend, or deny the

requests for alteration(s), new variance(s), and/or new special-use permit(s), before considering the

preliminary plan application for the major subdivision or land development project. Approval of

the alteration(s), new variance(s), and/or new special-use permit(s) shall be conditioned on

approval of the final plan of the major subdivision or land development project. If the planning

board or commission denies the request for alteration(s), new variance(s), and/or new special-use

permit(s), the planning board shall have the option of remanding the application back to the master

plan stage of review. Alternatively, if the planning board or commission denies the request for

alteration(s), new variance(s), and/or new special-use permit(s), the applicant may consent to an

extension of the decision period mandated by § 45-23-41(f) [repealed] 45-23-39 so that additional

information can be provided and reviewed by the board or commission.

     (c) Decision. The time periods by which the planning board or commission must approve

or deny applications for variances and special-use permits under the unified development review

provisions of the local regulations shall be the same as the time periods by which the board must

make a decision on the applicable review stage of the category of project under review.

     (d) Unless otherwise provided in this chapter all applications under this section shall

require a single public hearing, held pursuant to subsection (b) of this section. The public hearing

must meet the following requirements:

     (1) Public hearing notice shall adhere to the requirements found in § 45-23-42(1);

     (2) The notice area for notice of the public hearing shall be specified in the local

regulations, and shall, at a minimum, include all property located in or within not less than two

hundred feet (200′) of the perimeter of the area included in the subdivision and/or land development

project. Notice of the public hearing shall be sent by the administrative officer to the administrative

officer of an adjacent municipality if: (i) The notice area extends into the adjacent municipality; or

(ii) The development site extends into the adjacent municipality; or (iii) There is a potential for

significant negative impact on the adjacent municipality. Additional notice within watersheds shall

also be sent as required in § 45-23-53(b) and (c);

     (3) Public notice shall indicate that dimensional variance(s), use variance(s), and/or

special-use permit(s) are to be considered for the subdivision and/or land development project; and

     (4) The cost of all public notice is to be borne by the applicant.

LC005867/SUB A - Page 21 of 29

     (e) The time periods by which the permitting authority must approve, approve with

conditions, or deny requests for variances and special-use permits under the unified development

review provisions of a zoning ordinance shall be the same as the time periods by which the board

must make a decision on the applicable review stage of the underlying type of project under review.

     (f) The expiration periods of an approval of a variance or special use permit granted under

this section shall be the same as those set forth in the statute for the underlying type of project under

review.

     (g) Decisions under this section, including requests for the variance(s) and/or special-use

permits that are denied by the permitting authority, may be appealed pursuant to § 45-23-71.

     45-23-61. Procedure — Precedence of approvals between planning board and other

local permitting authorities.

     (a) Zoning board.

     (1) Where an applicant requires both a variance from the local zoning ordinance and

planning board approval, and the application is not undergoing shall be reviewed under unified

development review pursuant to §§ 45-23-50.1 and 45-24-46.4 the local zoning ordinance, the

applicant shall first obtain an advisory recommendation from the planning board, as well as

conditional planning board approval for the first approval stage for the proposed project, which

may be simultaneous, then obtain conditional zoning board relief, and then return to the planning

board for subsequent required approval(s).

     (2) Where an applicant requires both a special-use permit under the local zoning ordinance

and planning board approval, and the application is not undergoing shall be reviewed under unified

development review pursuant to §§ 45-23-50.1 and 45-24-46.4 the local zoning ordinance, the

applicant shall first obtain an advisory recommendation from the planning board, as well as

conditional planning board approval for the first approval stage for the proposed project, which

may be simultaneous, then obtain a conditional special-use permit from the zoning board, and then

return to the planning board for subsequent required approval(s).

     (b) City or town council. Where an applicant requires both planning board approval and

council approval for a zoning ordinance or zoning map change, the applicant shall first obtain an

advisory recommendation on the zoning change from the planning board, as well as conditional

planning board approval for the first approval stage for the proposed project, which may be

simultaneous, then obtain a conditional zoning change from the council, and then return to the

planning board for subsequent required approval(s).

     45-23-65. Procedure — Changes to recorded plats and plans.

     (a) For all changes to the approved recorded plans of land development projects or

LC005867/SUB A - Page 22 of 29

subdivisions subject to this act, an amendment of the final development plans is required prior to

the issuance of any building permits. The procedure for approval and the categorization of whether

such change is minor or major shall be in accordance with §§ 45-23-38(h), 45-23-39(f) or 45-23-

50(j), whichever is applicable based on the underlying type of application. Any such changes

approved in the final plan shall be recorded as amendments to the final plan in accordance with the

procedure established for recording of plats in § 45-23-64.

     (b) Minor changes, as defined in the local regulations, to a land development or subdivision

plan may be approved administratively, by the administrative officer, whereupon a permit may be

issued. The changes may be authorized without additional public hearings, at the discretion of the

administrative officer. All changes shall be made part of the permanent record of the project

application. This provision does not prohibit the administrative officer from requesting a

recommendation from either the technical review committee or the planning board. Denial of the

proposed change(s) shall be referred to the planning board for review as a major change.

     (c) Major changes, as defined in the local regulations, to a land development or subdivision

plan may be approved, only by the planning board and must follow the same review and public

hearing process required for approval of preliminary plans as described in § 45-23-41.

     (d) Rescission procedure. The planning board, only upon application by all landowners of

the plat to be affected, may determine that the application for plat rescission is not consistent with

the comprehensive community plan and is not in compliance with the standards and provisions of

the municipality’s zoning ordinance and/or land development and subdivision review regulations

and shall hold a public hearing, which adheres to the requirements for notice described in § 45-23-

42. The planning board shall approve, approve with conditions or modifications, or deny the

application for rescission of the plat according to the requirements of § 45-23-63. If it is necessary

to abandon any street covered under chapter 6 of title 24, the planning board shall submit to the

city or town council the documents necessary for the abandonment process. Once the required

process for rescission or for rescission and abandonment has been completed, the revised plat shall

be signed and recorded as specified in § 45-23-64.

     45-23-67. Appeals from decision of administrative officer. [Effective January 1, 2024.]

     (a) Process and timing. Local regulations adopted pursuant to this chapter shall provide

that an appeal from any decision of the administrative officer charged in the regulations with

enforcement of any provisions, except as provided in this section, may be taken to the board of

appeal by an aggrieved party as set forth in this section. Decisions by the administrative officer

approving or denying projects under § 45-23-38 or § 45-23-50 shall not be subject to this section

and shall proceed directly to superior court as set forth in § 45-23-71.

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     (1) An appeal to the board of appeal from a decision or action of the administrative officer

may be taken by an aggrieved party to the extent provided in § 45-23-66 [repealed] 45-23-67. The

appeal must be taken within twenty (20) days after the decision has been recorded in the city’s or

town’s land evidence records and posted in the office of the city or town clerk.

     (2) The appeal shall be in writing and state clearly and unambiguously the issue or decision

that is being appealed, the reason for the appeal, and the relief sought. The appeal shall either be

sent by certified mail, with a return receipt requested, or be hand-delivered to the board of appeal.

The city or town clerk shall accept delivery of an appeal on behalf of the board of appeal, if the

local regulations governing land development and subdivision review so provide.

     (3) Upon receipt of an appeal, the board of appeal shall require the administrative officer

to immediately transmit to the board of appeal, all papers, documents, and plans, or a certified copy

thereof, constituting the record of the action that is being appealed.

     (b) Stay. An appeal stays all proceedings in furtherance of the action being appealed.

     (c) Hearing.

     (1) The board of appeal shall hold a hearing on the appeal within forty-five (45) days of

the receipt of the appeal, and give public notice of the hearing, as well as due notice to the parties

of interest. At the hearing the parties may appear in person, or be represented by an agent or

attorney. The board shall render a decision within ten (10) days of the close of the public hearing.

The cost of any notice required for the hearing shall be borne by the applicant.

     (2) The board of appeal shall only hear appeals of the actions of an administrative officer

at a meeting called especially for the purpose of hearing the appeals and that has been so advertised.

     (3) The hearing, which may be held on the same date and at the same place as a meeting

of the zoning board of review, must be held as a separate meeting from any zoning board of review

meeting. Separate minutes and records of votes as required by § 45-23-70(d) [repealed] shall be

maintained by the board of appeal.

     (d) Standards of Review.

     (1) As established by this chapter, in instances of a board of appeal’s review of an

administrative officer’s decision on matters subject to this chapter, the board of appeal shall not

substitute its own judgment for that of the administrative officer but must consider the issue upon

the findings and record of the administrative officer. The board of appeal shall not reverse a

decision of the administrative officer except on a finding of prejudicial procedural error, clear error,

or lack of support by the weight of the evidence in the record.

     (2) The concurring vote of three (3) of the five (5) members of the board of appeal sitting

at a hearing, is necessary to reverse any decision of the administrative officer.

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     (3) In the instance where the board of appeal overturns a decision of the administrative

officer, the proposed project application is remanded to the administrative officer, at the stage of

processing from which the appeal was taken, for further proceedings before the administrative

officer and/or for the final disposition, which shall be consistent with the board of appeal’s decision.

     (4) The board of appeal shall keep complete records of all proceedings including a record

of all votes taken, and shall put all decisions on appeals in writing. The board of appeal shall include

in the written record the reasons for each decision.

     SECTION 2. Sections 45-24-38, 45-24-42, 45-24-46.4 and 45-24-49 of the General Laws

in Chapter 45-24 entitled "Zoning Ordinances" are hereby amended to read as follows:

     45-24-38. General provisions — Substandard lots of record. [Effective January 1,

2024.]

     (a) Any city or town adopting or amending a zoning ordinance under this chapter shall

regulate the development of any single substandard lot of record or contiguous lots of record at the

effective date of adoption or amendment of the zoning ordinance.

     (b) Notwithstanding the failure of that lot or those lots to meet the dimensional and/or

quantitative requirements, and/or road frontage or other access requirements, applicable in the

district as stated in the ordinance, a substandard lot of record shall not be required to seek any

zoning relief based solely on the failure to meet minimum lot size requirements of the district in

which such lot is located. The setback, frontage, and/or lot width requirements for a structure under

this section shall be reduced and the maximum building coverage requirements shall be increased

by the same proportion as the lot area of the substandard lot is to the minimum lot area requirement

of the zoning district in which the lot is located. For any structure proposed under this section on a

substandard lot of record, the following dimensional regulations shall apply:

     (1) Minimum building setbacks, lot frontage and lot width requirements for a lot which is

nonconforming in area shall be reduced by applying the building setback, lot frontage and lot width

requirements from another zoning district in the municipality in which the subject lot would be

conforming as to lot area. If the subject lot is not conforming as to lot area in any zoning district in

the municipality, the setbacks, lot frontage and lot width shall be reduced by the same proportion

that the area of such substandard lot meets the minimum lot area of the district in which the lot is

located. By way of example, if the lot area of a substandard lot only meets forty percent (40%) of

the minimum lot area required in the district in which it is located, the setbacks, frontage and width

shall each be reduced to forty percent (40%) of the requirements for those dimensional standards

in the same district.

     (2) Maximum lot building coverage for lots that are nonconforming in area shall be

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increased by the inverse proportion that the area of such substandard lot meets the minimum area

requirements in the district in which the lot is located. By way of example, if the lot area of a

substandard lot only meets forty percent (40%) of the required minimum lot area, the maximum lot

building coverage is allowed to increase by sixty percent (60%) over the maximum permitted lot

building coverage in that district.

     All proposals exceeding such reduced requirement shall proceed with a modification

request under § 45-24-46 or a dimensional variance request under § 45-24-41, whichever is

applicable.

     (c) Provisions may be made for the merger of contiguous unimproved, or improved and

unimproved, substandard lots of record in the same ownership to create dimensionally conforming

lots or to reduce the extent of dimensional nonconformance. The ordinance shall specify the

standards, on a district by district basis, which determine the mergers. The standards shall include,

but are not to be limited to, the availability of infrastructure, the character of the neighborhood, and

the consistency with the comprehensive plan. The merger of lots shall not be required when the

substandard lot of record has an area equal to or greater than the area of fifty percent (50%) of the

lots within two hundred feet (200′) of the subject lot, as confirmed by the zoning enforcement

officer.

     45-24-42. General provisions — Special-use permits. [Effective January 1, 2024.]

     (a) A zoning ordinance shall provide for the issuance of special-use permits approved by

the zoning board of review, or, where unified development review is enabled pursuant to § 45-24-

46.4, the planning board or commission.

     (b) The ordinance shall:

     (1) Specify the uses requiring special-use permits in each district. The ordinance shall

provide for a procedure under which a proposed land use that is not specifically listed may be

presented by the property owner to the zoning board of review or to a local official or agency

charged with administration and enforcement of the ordinance for an evaluation and determination

of whether the proposed use is of a similar type, character, and intensity as a listed use requiring a

special-use permit. Upon such determination, the proposed use may be considered to be a use

requiring a special-use permit;

     (2) Describe the conditions and procedures under which special-use permits, of each of the

various categories of special-use permits established in the zoning ordinance, shall be issued;

     (3) Establish specific and objective criteria for the issuance of each type of use category of

special-use permit, which criteria shall be in conformance with the purposes and intent of the

comprehensive plan and the zoning ordinance of the city or town; however, in no case shall any

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specific and objective criteria for a special use permit include a determination of consistency with

the comprehensive plan;

     (4) Provide for public hearings and notification of the date, time, place, and purpose of

those hearings to interested parties. Special-use permit requests submitted under a zoning

ordinance’s unified development review provisions shall be heard and noticed in conjunction with

the subdivision or land development application, according to the requirements of § 45-23-50.1.

Public notice for special-use permits that are not submitted under a zoning ordinance’s unified

development review provisions shall be given at least fourteen (14) days prior to the date of the

hearing in a newspaper of general local circulation in the city or town. Notice of hearing shall be

sent by first-class mail to the applicant, and to all those who would require notice under § 45-24-

53. The notice shall also include the street address of the subject property. A zoning ordinance may

require that a supplemental notice, that an application for a special-use permit is under

consideration, be posted at the location in question. The posting is for information purposes only

and does not constitute required notice of a public hearing. The same notice shall be posted in the

town or city clerk's office and one other municipal building in the municipality and the municipality

must make the notice accessible on the municipal home page of its website at least fourteen (14)

days prior to the hearing. For any notice sent by first-class mail, the sender of the notice shall submit

a notarized affidavit to attest to such mailing. The cost of the newspaper and mailing notification

shall be borne by the applicant;

     (5) Provide for the recording of findings of fact and written decisions; and

     (6) Provide that appeals may be taken pursuant to § 45-24-70 or § 45-23-66 [repealed] 45-

24-69 or § 45-23-71, dependent on the board to which application was made.

     (c) If an ordinance does not expressly provide for specific and objective criteria for the

issuance of a category of special use permit such category shall be deemed to be permitted use.

     (d) The ordinance additionally shall provide that an applicant apply for, and be issued, a

dimensional variance in conjunction with a special-use permit. If the special use could not exist

without the dimensional variance, the zoning board of review, or, where unified development

review is enabled pursuant to § 45-24-46.4(b), the planning board or commission shall consider the

special-use permit and the dimensional variance together to determine if granting the special use is

appropriate based on both the each respective special use criteria and the dimensional variance

evidentiary standards.

     45-24-46.4. Special provisions — Unified development review. [Effective January 1,

2024.]

     (a) A zoning ordinance shall provide that review and decision on variances and/or special-

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use permits for properties undergoing review which qualifies for unified development review by

the authorized permitting authority, be conducted and decided by the authorized permitting

authority. This process is to be known as unified development review.

     (b) The local ordinance and regulation shall provide for the application and review process

pursuant to § 45-23-50.1.

     (c) A zoning ordinance that provides for unified development review shall:

     (1) Empower the authorized permitting authority to grant, grant with conditions, or deny

zoning relief; and

     (2) Provide that any person, group, agency, or corporation that files an application for a

project under this section shall also file specific requests for relief from the literal requirements of

a zoning ordinance on the subject property, pursuant to § 45-24-41, and/or for the issuance of

special-use permits for the subject property, pursuant to § 45-24-42, by including such within the

application to the administrative officer with the other required application materials, pursuant to

§ 45-23-50.1(b).

     (d) [Deleted by P.L. 2023, ch. 308, § 2 and P.L. 2023, ch. 309, § 2.]

     (e) All land development and subdivision applications that include requests for variances

and/or special-use permits submitted pursuant to this section shall require a public hearing that

meets the requirements of § 45-23-50.1.

     (f) In granting requests for dimensional and use variances, the authorized permitting

authority shall be bound to the requirements of § 45-24-41 relative to entering evidence into the

record in satisfaction of the applicable standards.

     (g) In reviewing requests for special-use permits, the authorized permitting authority shall

be bound to the conditions and procedures under which a special-use permit may be issued and the

criteria for the issuance of such permits, as found within the zoning ordinance pursuant to § 45-24-

42, and shall be required to provide for the recording of findings of fact and written decisions as

described in the zoning ordinance pursuant to § 45-24-42.

     (h) An appeal from any decision made pursuant to this section may be taken pursuant to §

45-24-71 45-23-71.

     45-24-49. Special provisions — Development plan review. [Effective January 1, 2024.]

     (a) A zoning ordinance shall may permit development plan review of applications pursuant

to § 45-23-50, for uses that are permitted by right under the zoning ordinance, but the review shall

only be based on specific and objective guidelines which must be stated in the zoning ordinance.

The permitting authority shall also be set forth in and be established by the zoning ordinance. A

rejection of the application shall be considered an appealable decision pursuant to § 45-24-64 45-

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23-71.

     (b) The permitting authority may grant relief from the zoning ordinance and may grant

zoning incentives under specific conditions set forth in the zoning ordinance.

     (c) [Deleted by P.L. 2023, ch. 308, § 2 and P.L. 2023, ch. 309, § 2.]

     SECTION 3. This act shall take effect upon passage.

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LC005511/SUB A

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO TOWNS AND CITIES --SUBDIVISION OF LAND

***

     This act would make amendments to various provisions relative to subdivision of land

review, review stages, special provisions related to development and the procedures for approvals

from various permitting authorities.

     This act would take effect upon passage.

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LC005867/SUB A

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